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Unknown CCJ with some complexities- please help

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Comments

  • The_Deep
    The_Deep Posts: 16,830 Forumite
    UKPC have just been kicked off a residential block in Reading, I like to think that I had some hand in it.
    You never know how far you can go until you go too far.
  • wdm1985
    wdm1985 Posts: 57 Forumite
    do you have a link to a particular thread? you have too many posts to search them all!!
  • patman99
    patman99 Posts: 8,532
    First Anniversary Combo Breaker Photogenic First Post
    Forumite
    Just remember, anyone who actually received and paid one of these PCNs can have a go at claiming back their money from UKPC and the management company who employed these jokers.
    Never Knowingly Understood.

    Member #1 of £1,000 challenge - £13.74/ £1000 (that's 1.374%)

    3-6 month EF £0/£3600 (that's 0 days worth)

  • wdm1985
    wdm1985 Posts: 57 Forumite
    Any other comments on the set aside guys? Otherwise I'm going to get this thing in the post this afternoon :T
  • wdm1985
    wdm1985 Posts: 57 Forumite
    hI folks- I got the 244 sent aware with proof of postage.
    one thing that I wanted to ask is- I have seen people contact the DVLA about how many times the drivers details were accessed, how do you do this and is there a fee? I have read other threads that suggest they don't do it each time and that this is illegal. Given this case is about 4 tickets i wouldn't be surprised if they hadn't done it properly
  • pappa_golf
    pappa_golf Posts: 8,895
    Combo Breaker First Post
    Forumite
    wdm1985 wrote: »
    hI folks- I got the 244 sent aware with proof of postage.
    one thing that I wanted to ask is- I have seen people contact the DVLA about how many times the drivers details were accessed, how do you do this and is there a fee? I have read other threads that suggest they don't do it each time and that this is illegal. Given this case is about 4 tickets i wouldn't be surprised if they hadn't done it properly

    not quite , but stops them relying on POFA2012 (unless the driver names himself) and if frowned on by the DVLA

    dvla link

    The DVLA will hand out your personal details under their "reasonable cause" provisions but timings are very relevant. The Parking company must either send a parking charge by mail to the Keeper to arrive within 14 days. Or if it was a paper ticket on the car, they cannot ask for Keeper details earlier than the 29th day nor later than the 56th day. Often the Parking Contractor fails to do this.

    So you should check the Parking company has held to these timings by getting the DVLA to tell you when the Parking company requested your details and when they were given them.

    To get this information you send a Vehicle Subject Request. There is no charge for your own details. Send by normal post and remember to sign it as they may want to check the signature - Data Protection Act. You can also try emailing SubjectAccess.Requests@dvla.gsi.gov.uk. See this link

    Example Letter

    [Your Address]

    DVLA Vehicle Record Enquiries section

    Longview Road

    Morriston

    Swansea

    SA99 1AJ

    Dear Sirs

    Re: VRM AB12 XYZ

    As the Registered Keeper of the above VRM could you advise who has accessed my personal details with regards to this marque, how often and when did the DVLA send the keeper details out. Please advise the information with regards to events between xx/xx/xx/ and xx/xx/xx.

    I understand there is no charge for this information and look forward to your speedy reply.

    Yours faithfully
    Save a Rachael

    buy a share in crapita
  • wdm1985
    wdm1985 Posts: 57 Forumite
    never mind I found it! will update in the future
    thanks
  • wdm1985
    wdm1985 Posts: 57 Forumite
    Hi Guys,
    its been a while. We have our set aside date on the 1/11/17.
    So there a a few things I need to clarify:
    We have got a letter asking for documents to be sent to the court via email. Is this all the evidence including the statement we provided for the set aside request? it also mentioned bundles of documents. At this point do we need to make one for ourselves and the judge? are we meant to provide anything for the claimant? it doesn't say anywhere.

    Secondly- We have got a letter in this morning from the opposition for costs these include:
    fixed fee for instructing advocate £100
    advocate fee £55
    vat £20

    Do we only pay these if we lose the set aside?
    I don't want the cost of all of this to snowball.

    What about our own costs? In the set aside motion outlined above I asked for the 255 we have paid . do I need to issue that to the law firm? Does the court refund that? can we claim our own costs. My wife is a doctor and has to take the morning off work. thats somewhere around £20-30 ph and would be more if locum rate applied.

    My wife is in tears this morning as shes now 7 months pregnant and we really don't need this stress. I would really appreciate the help from some of the experienced guys. I feel like this is tantamount to nothing more than bullying and intimidation. Thankfully we are in a position where we can lose. But this must be so scary for people who are financially vulnerable. I wont let them win.
  • wdm1985
    wdm1985 Posts: 57 Forumite
    also- how do we know that an 'advocate' has right of audience with the judge
  • pappa_golf
    pappa_golf Posts: 8,895
    Combo Breaker First Post
    Forumite
    Secondly- We have got a letter in this morning from the opposition for costs these include:
    fixed fee for instructing advocate £100
    advocate fee £55
    vat £20


    I think that exceeds the permissible figure in a small claims court , perhaps it was sent to frighten you , if you lost?
    Save a Rachael

    buy a share in crapita
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