PCM - Missed Claim Form - CCJ Pending

Tanns · 13 April 2018 at 1:44AM

Morning everyone,

I have moved out of my parents and in with my wife. I haven’t changed my veichle details to our new address.

Fortunately my Mum has seen a CCJ where it says I didn’t respond to the claim form and now owe this amount of money around £250. (In the photo it is my car and I know I didn’t buy a ticket in this specific private car park, can I still fight it? LOL)

Dated 9th April from reading the Newbies thread I have to pay within two weeks? Otherwise end up with the CCJ. I must say the newbies thread is amazing but I need a little help being guided towards the reply and what I do next.

Thanks in advance

Tanns · 13 April 2018 at 2:39AM

Researching further into the NEWBIES post I have now got onto the money online but will wait to find out the password for it until my parents can tell me it from the letter they have.

Is there a way to challenge the fact I haven!!!8217;t seen an invoice at this stage?

Thanks

Quentin · 13 April 2018 at 8:56AM

You don't have a "pending" ccjj.

From what you say you now have a default ccj registered against you. (And will be on your credit records)

If you want to challenge this on the grounds you were unaware of the claim then you should be reading up on set aside in the Newbies FAQ thread. A successful set aside will mean the ccj is removed from the register and your credit records.

You have misread the faq. You can pay it off in full within a month of the date of the ccj and it will then be removed from all records

The_Deep · 13 April 2018 at 9:10AM

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

Hospital car parks and residential complex tickets have been especially mentioned.

The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.

nosferatu1001 · 13 April 2018 at 10:20AM

If you did not make arrangements to have your post opened, you could have other surprises - such as a NIP or two, or council PCNs, etc.

In order to get a SET ASIDE - which is the ONLY way you can fight this now - you would have to apply (£255) and show a good reason why you should be gratnted the set aside. You dont, really, have a good reason - you chose not to make arrangements.

Personally, if you are WITHIN the one month of the judgement, then pay it.

Tanns · 13 April 2018 at 10:30AM

Thanks, extremely helpful.

So a couple of things, my V5 hasn’t been changed to my new address does this affect the set aside?

My Mum responded to the claim form, unknowingly to me, saying not known at this address will that add or hinder my claim to have the ccj set aside.

I am about to compose a letter/email to have this set aside.

Quentin · 13 April 2018 at 10:33AM

Stop!!

Follow the advice in #3 and readup on set aside, snd understand it.

You don't simply send a letter/email over this!!

Quentin · 13 April 2018 at 10:36AM

Tanns wrote: »

....My Mum responded to the claim form, unknowingly to me, saying not known at this address will that add or hinder my claim to have the ccj set aside.....

.

Why would she do that??

You will be asking for a set aside on the grounds you knew nothing about the claim, so your mother's (inexplicable) action is irrelevant

nosferatu1001 · 13 April 2018 at 10:54AM

Actually the mothers inexplicable action actually gives you a reason for the set aside

OP STOP as told you do not just "send a letter or email". This is a FORMAL COURT PROCESS, there is a FORMAL method to do this. You need three elements

1) WS setting out reasons why the set aside should be granted. Mostly that your mum said the person wasnt known at this address. Which was true but EXTREMELY unhelpful
2) A defence to the parking charge, you MUST show how you AS KEEPER (never identify the bloody driver, not here or on ANY correspondence, unless we TELL you to) you are not liable. Post two, again.
3) A DRAFT ORDER for the judge to make at the set aside hearing. This is what you want the court to do as a result of the eharing.

Tanns · 13 April 2018 at 11:21AM

Newbie ALERT! Thanks for your help guys.

I’m in the process of filing out the N244 and will post all WS and draft orders here.

If I want to wipe the CCJ without having to risk losing (even though I might win) what will I have to do? I don’t want to pay and then the CCJ not be wiped, do I still have to ask for the CCJ to be set aside?

Thanks again

Quentin · 13 April 2018 at 11:41AM

You have 2 options.
1) pay it off in full within the month. That ends it.

2) get it set aside. Then it's up to the PPC whether they want to reissue the claim which if they do you defend.

If they don't reissue you should get your set aside fee back off them

If they do reissue and win you have to pay.

If they do reissue and lose you should get your set aside fee back off them

PCM - Missed Claim Form - CCJ Pending

Comments

Categories

Get our FREE Weekly email full of deals & guides - and it’s spam-free