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Double CCJ discovered...

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  • henrik777
    henrik777 Posts: 3,052 Forumite
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    https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part05#5.4B

    The current prescribed fees as of 6 March 2017 are:

    £10 for copies of documents between one and ten pages and then 50p per page thereafter; or
    a flat rate of £10 if the documents are requested in an electronic format i.e. by email or computer disk.



    I'd just ask them first though before saying you'd pay.
  • parkingplonker
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    KeithP wrote: »
    I haven't re-read the whole of your thread, but have you thought about asking the CCBC for a copy of the original County Court Claim Form?

    sorry, I should have mentioned that I did do this- it is the only evidence I have of the claim! However it only shows the amount owed, no particulars of what happened and where.
    Coupon-mad wrote: »
    *you did send a SAR to Millennium, yes? Please not just BW Legal!

    Yes it was to the DPO of millennium (according to the info stated on their privacy page)

    Thanks everyone, I'm feeling ready to defend!
  • henrik777
    henrik777 Posts: 3,052 Forumite
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    sorry, I should have mentioned that I did do this- it is the only evidence I have of the claim! However it only shows the amount owed, no particulars of what happened and where.



    Yes it was to the DPO of millennium (according to the info stated on their privacy page)

    Thanks everyone, I'm feeling ready to defend!

    Evidence is later.

    The defence is essentially a reply to what the particulars of claim say. Annoyingly they frequently get away with terrible particulars of claim :mad:
  • parkingplonker
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    A quick update/background on whats happened so far in my case....

    *I was initially sent a letter from BW Legal, representing a local parking firm, regarding an outstanding CCJ against me from 2016 (which I knew nothing about)
    * I conducted a trust online search on myself and found out there was indeed CCJ in my name, but it wasn't the one referred to in the BW legal letter
    *I started the process of finding out who issued the CCJ (it was the same local parking firm as the BW legal letter)
    *I got to work on getting the CCJ on my record set aside. I have been successful in doing so and I am at the point of awaiting a final court appearance after sending off the questionnaire.
    *After initially thinking the BW legal letter was a scam, after a few emails back and forth it would appear there is a possibilty they did issue a CCJ in 2016 (so I may have 2 against my name) but it hasn't showed up on my trust online record yet as it could still be 'pending"
    * I am awaiting a response from a SAR sent to BW legal regarding that paricular 'possible/pending CCJ'

    So..... regarding the actual CCJ that is on my record and that I have had set aside -
    I sent a SAR to them over 7 weeks ago and have had no response. Today I had to send them my copy of the completed questionnaire and so I took the opportunity to include a copy of my original SAR and remind them they have failed to reply, and to give them another opportunity to respond. Is there anything else I should do in regard to them not responding in time? I will of course include it in my skeleton defence on the day of hearing. Should I report them/ make a complaint to a governing body? Still as yet, I have recieved absolutely no response/evidence of the alleged 'offence' from the parking firm, so its very hard to defend something I know very little about.

    I also received a letter today from Gladstones. It stated that it was representing the parking firm in my set aside case and it instructed me that included was a copy of the claimants COMPLETED questionnaire, and that I should note that they have opted for mediation as to settle out of court. After reading threads on this forum I was expecting this and I have already refused mediation in my questionnaire. However, I wasn't expecting the copy of their questionnaire to be TOTALLY BLANK!!! They have sent me a completely empty copy of the questionnaire form, nothing ticked, nothing written, nothing signed! The level of amauterism shown so far by this firm and their representatives is mind blowing!

    With regard to what I'm calling my 'possible/pending' second CCJ (that isn't showing on my record), should I make the Judge aware of this at all? If it is a genuine CCJ then I will want them both dealt with at the same time, rather than going through all of this again in the near future for the same circumstances. Both claims are from the same parking firm, but each through different representatives (BW and Gladstones) so I'm hoping they could both be dealt with together. Or should I deal with this one as/when it ever materialises?? Again thanks in advance for any advice given.
  • Le_Kirk
    Le_Kirk Posts: 22,346 Forumite
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    If they haven't responded to a SAR submitted more than 30 days ago, a complaint to the ICO is in order. Are you sure you sent it to the DPO of the parking company and did you include a scan of your V5C or PCN?
  • parkingplonker
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    UPDATE 

    I had my hearing last week at the district court........ and I won, case dismissed!!!

    A legal representative for Millennium (an agency solicitor) asked me in for a quick chat before the hearing started. They asked if I had anything I wanted to talk about prior to going in, to which I reply "such as?"..... they asked if I wanted to still try and settle the case before the hearing, to which I responded with "that will involve me admitting fault/liability, so no thank you"

    Anyway, we went into the hearing and the judge asked the legal rep to open their argument..... they started with mentioning signage laws and the judge abruptly cut them off straight away and said they didn't need to hear that, then the rep started talking about the ticket that had been issued..... the judge again jumped straight in and pointed out that the ticket had been served late (very late) and that the photographs produced had no date on them etc etc. I was shocked that it seemed to be looking so good for me (I had prepared myself for a loss) and the rep was drowning quickly in front of a ruthless Judge that had obviously read and researched the case in detail which was very pleasing to know. To sum up, the Judge basically ripped the case apart and I didn't have to even say a word before case being dismissed and me getting my court costs awarded!! 

    I couldn't be more relieved..... so this is  HUGE THANK YOU to all people here that help people like me with your amazing knowledge and hand holding through what has been a stressful time. I have made a donation to charity on behalf of the help I have received on here. Thank you again.
  • Umkomaas
    Umkomaas Posts: 41,440 Forumite
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    Well done you. Thanks for the informative feedback. And great that you received a costs award. 

    ANOTHER ONE BITES THE DUST. 


    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Castle
    Castle Posts: 4,211 Forumite
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    Well done on your win.... did you ever get a full response to your SAR?
  • Le_Kirk
    Le_Kirk Posts: 22,346 Forumite
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    Congratulations and well done.
  • henrik777
    henrik777 Posts: 3,052 Forumite
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    To sum up, the Judge basically ripped the case apart and I didn't have to even say a word before case being dismissed and me getting my court costs awarded!! 


    Love when that happens.
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