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  • FIRST POST
    • Tanns
    • By Tanns 13th Apr 18, 1:44 AM
    • 6Posts
    • 0Thanks
    Tanns
    PCM - Missed Claim Form - CCJ Pending
    • #1
    • 13th Apr 18, 1:44 AM
    PCM - Missed Claim Form - CCJ Pending 13th Apr 18 at 1:44 AM
    Morning everyone,

    I have moved out of my parents and in with my wife. I havenít changed my veichle details to our new address.

    Fortunately my Mum has seen a CCJ where it says I didnít 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 didnít 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
Page 1
    • Tanns
    • By Tanns 13th Apr 18, 2:39 AM
    • 6 Posts
    • 0 Thanks
    Tanns
    • #2
    • 13th Apr 18, 2:39 AM
    • #2
    • 13th Apr 18, 2:39 AM
    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
    • By Quentin 13th Apr 18, 8:56 AM
    • 35,623 Posts
    • 19,844 Thanks
    Quentin
    • #3
    • 13th Apr 18, 8:56 AM
    • #3
    • 13th Apr 18, 8:56 AM
    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
    Last edited by Quentin; 13-04-2018 at 9:50 AM.
    • The Deep
    • By The Deep 13th Apr 18, 9:10 AM
    • 9,209 Posts
    • 8,980 Thanks
    The Deep
    • #4
    • 13th Apr 18, 9:10 AM
    • #4
    • 13th Apr 18, 9:10 AM
    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.
    You never know how far you can go until you go too far.
    • nosferatu1001
    • By nosferatu1001 13th Apr 18, 10:20 AM
    • 2,516 Posts
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    nosferatu1001
    • #5
    • 13th Apr 18, 10:20 AM
    • #5
    • 13th Apr 18, 10:20 AM
    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
    • By Tanns 13th Apr 18, 10:30 AM
    • 6 Posts
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    Tanns
    • #6
    • 13th Apr 18, 10:30 AM
    • #6
    • 13th Apr 18, 10:30 AM
    Thanks, extremely helpful.

    So a couple of things, my V5 hasnít 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
    • By Quentin 13th Apr 18, 10:33 AM
    • 35,623 Posts
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    Quentin
    • #7
    • 13th Apr 18, 10:33 AM
    • #7
    • 13th Apr 18, 10:33 AM
    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
    • By Quentin 13th Apr 18, 10:36 AM
    • 35,623 Posts
    • 19,844 Thanks
    Quentin
    • #8
    • 13th Apr 18, 10:36 AM
    • #8
    • 13th Apr 18, 10:36 AM
    ....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.....

    .
    Originally posted by Tanns
    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
    • By nosferatu1001 13th Apr 18, 10:54 AM
    • 2,516 Posts
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    nosferatu1001
    • #9
    • 13th Apr 18, 10:54 AM
    • #9
    • 13th Apr 18, 10:54 AM
    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
    • By Tanns 13th Apr 18, 11:21 AM
    • 6 Posts
    • 0 Thanks
    Tanns
    Newbie ALERT! Thanks for your help guys.

    Iím 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 donít 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
    • By Quentin 13th Apr 18, 11:41 AM
    • 35,623 Posts
    • 19,844 Thanks
    Quentin
    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
    • nosferatu1001
    • By nosferatu1001 13th Apr 18, 11:56 AM
    • 2,516 Posts
    • 3,071 Thanks
    nosferatu1001
    There is always risk when engaging with courts. You could have a DJ who has just had a bad day and denies your set aside. However we see the vast majoriyt being granted here.

    If you want ZERO risk then your ONLY option, if you are within the 1 month, is to pay them off. Thats it. You MUST get a receipt from them to confirm the J is paid, and then send to the court well well well before the deadline. Getting proof at all steps as well. Thats your only zero risk chance.

    Your draft order MUST contain a provision that, should they discontinue that they pay your set aside costs of £255.
    • Tanns
    • By Tanns 13th Apr 18, 12:07 PM
    • 6 Posts
    • 0 Thanks
    Tanns
    Thank you both you have been SO helpful.

    I am just going to pay them off i cant risk a grumpy DJ and losing out twice.

    Just to finish off, how would i pay? PCM or Gladstones?

    Once i send to the court in good time it will be cancelled?
    • Tanns
    • By Tanns 13th Apr 18, 12:21 PM
    • 6 Posts
    • 0 Thanks
    Tanns
    Could i try and negotiate with PCM at this stage, thought i would check?
    • nosferatu1001
    • By nosferatu1001 13th Apr 18, 12:28 PM
    • 2,516 Posts
    • 3,071 Thanks
    nosferatu1001
    1) It is not cancelled. It is removed from your credit file. The CCJ exists but not anywhere public.
    2) You pay who ever the order tells you to pay. Most likely GS as they handled it.

    Exactly how do you think you can negotiate with them? Youre kidding right? Your position is only slighlty better than if they had a shotgun against your head.
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