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MIL collections CCJ

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  • Bambi82
    Bambi82 Posts: 32 Forumite
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    I have got the date for the hearing at my local court in 6 weeks time. The court papers did'nt say much, just gave me a date for the hearing.


    Is this the time when it will be decided or will there be another stage?


    Thanks
  • Quentin
    Quentin Posts: 40,405 Forumite
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    Bambi82 wrote: »
    I have got the date for the hearing at my local court in 6 weeks time........mm

    Is this the time when it will be decided or will there be another stage?


    Thanks

    Yes that's decision day
  • Coupon-mad
    Coupon-mad Posts: 131,777 Forumite
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    It's only the set aside hearing isn't it? That does not necessarily stop the claim, just removes the CCJ if you succeed. The PPC could proceed after that, to a hearing about the actual charge.

    Make sure you ask the DJ to either make an order to refund your £255 costs (and attendance costs for the hearing - travel, parking, loss of leave/salary) OR in the alternative, to reserve the matter of costs.

    This is to protect you if the PPC then discontinue, having totally wasted your time and the court's time, as they usually do.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • twhitehousescat
    twhitehousescat Posts: 5,368 Forumite
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    edited 9 June 2018 at 7:31PM
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    Coupon-mad wrote: »
    It's only the set aside hearing isn't it? That does not necessarily stop the claim, just removes the CCJ if you succeed. The PPC could proceed after that, to a hearing about the actual charge.

    Make sure you ask the DJ to either make an order to refund your £255 costs (and attendance costs for the hearing - travel, parking, loss of leave/salary) OR in the alternative, to reserve the matter of costs.

    This is to protect you if the PPC then discontinue, having totally wasted your time and the court's time, as they usually do.

    however this is NOT a PPC , its Mil , the DVLA and others have stated the sale of the claim is illegal

    they cannot restart the claim , documentary evidence would get a MCOL stopped and thrown out

    when this is sorted , time to cause ldk some (financial ) worries
  • Coupon-mad
    Coupon-mad Posts: 131,777 Forumite
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    I didn't mean restart the claim, I meant they 'could' proceed with it, if the Judge leaves that window open. MIL won't. But I don't want the OP to be £255 out of pocket and left up the creek without a paddle to get it back easily (except by suing MIL and the PPC).

    The OP really MUST make a good case to get their costs paid on the spot, or be 'reserved' on the basis that MIL are now likely to discontinue, that the claim was entirely without merit and breached the DPA and the KADOE and indeed, the OP should file in advance (to MIL and to the court) a costs schedule setting out all the expense and asking for punitive costs on the indemnity basis.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
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  • Bambi82
    Bambi82 Posts: 32 Forumite
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    Hi everybody
    In the draft order i attached to the courts i asked for the costs to be reserved and if the judgement is found in my favor that the claimant pay the costs.

    when i go to the hearing i will take the proof of address change etc.to show that MIL served to the wrong address and the letter i got from the DVLA showing that LDK have sold my details, what other documents / proof should i take?

    As soon as this is sorted, i will be going to war with LDK parking.
  • Coupon-mad
    Coupon-mad Posts: 131,777 Forumite
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    edited 10 June 2018 at 8:30PM
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    - a printout of Sir Oliver Heald's words about CCJs sent to old addresses.

    - The FOI or email on the forum somewhere, about PPCs no being allowed to sell data. To show the Judge this is NOT allowed...unless your own email confirms it was not allowed to sell this data?

    - evidence that MIL routinely discontinue - Google MIL discontinued Parking Prankster and you get this:

    http://parking-prankster.blogspot.com/2016/06/mil-collections-discontinue-casesby.html

    and

    http://parking-prankster.blogspot.com/2017/01/advocate-admits-he-always-loses-mil.html

    and

    http://parking-prankster.blogspot.com/2017/03/mil-lose-set-aside-hearing.html

    That last one even helpfully has the Sir Oliver Heald link you need to print out!

    Read other MIL set asides to see what other people took along. Keywords in bold for your forum search.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
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  • Bambi82
    Bambi82 Posts: 32 Forumite
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    Thank you Coupon-mad
    your help has been a god send. without the help of the people here i would of been lost!
  • Bambi82
    Bambi82 Posts: 32 Forumite
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    MIL collections have written to the courts to inform them that they will not be attending court and they consent to the set aside!
  • Coupon-mad
    Coupon-mad Posts: 131,777 Forumite
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    Right so you must still attend - and treat it as a costs hearing as well, since MIL never had any cause of action and no valid interest in the matter and should pay your costs.

    You've paid £255, yes? Plus time off work for the hearing, and travel/parking on the day and the time spent on defending a claim this Claimant never had the capacity in law, to bring.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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