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  • FIRST POST
    • jasdeepsg
    • By jasdeepsg 6th Aug 18, 8:38 AM
    • 17Posts
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    jasdeepsg
    Need help! Unlawful claim by PE
    • #1
    • 6th Aug 18, 8:38 AM
    Need help! Unlawful claim by PE 6th Aug 18 at 8:38 AM
    Back in April 2018, my ccj was set aside because of wrong claimant on the previous claim issued in 2016. Then PE sent me a letter saying that they will continue to be the claimant and sent an amended claim form dated 2016. Basically they just changed the name on the claim that was issued in 2016 and did not change anything else. It wasnít clear from that I have to acknowledge it. From my understanding you have to acknowledge the claim within 28 days from the date of claim. However, date on the claim is 2016.

    Now I received a letter from county court that I have to pay PE the amount they claimed because I havenít acknowledged the claim.

    Need your help to understand my options.

    Thanks.
    PS: how do I share the copy of the claim?
Page 1
    • waamo
    • By waamo 6th Aug 18, 9:11 AM
    • 4,888 Posts
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    waamo
    • #2
    • 6th Aug 18, 9:11 AM
    • #2
    • 6th Aug 18, 9:11 AM
    Is this a judgment in default?
    This space for hire.
    • jasdeepsg
    • By jasdeepsg 6th Aug 18, 9:17 AM
    • 17 Posts
    • 2 Thanks
    jasdeepsg
    • #3
    • 6th Aug 18, 9:17 AM
    • #3
    • 6th Aug 18, 9:17 AM
    Yes, as I havenít acknowledged within 14 days of service which is 5 days after the issue date. However, issue date on the claim is 2016.
    • waamo
    • By waamo 6th Aug 18, 9:25 AM
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    waamo
    • #4
    • 6th Aug 18, 9:25 AM
    • #4
    • 6th Aug 18, 9:25 AM
    I fear you face an uphill struggle. To get a set aside will cost £255. There is no guarantee it will be granted. In fact getting a set aside will be difficult.

    You are going to have to convince a judge that the instructions were so unclear as to mislead you. Not only that you are more than likely going to have to show you have a winnable defence against PE. Having not seen your defence I can't comment on it.

    Lose and that's £255 gone.

    You have a few options. If you can live with a ccj then it might be worth seeing if they enforce it. PE don't seem to currently, although this could change.

    If you pay it promptly the ccj is removed and your credit file remains clean.

    Finally you can chance attempting a set aside which, as pointed out, could be costly.

    Without knowing your individual circumstances I can't tell you what to do but that gives you an idea.
    This space for hire.
    • jasdeepsg
    • By jasdeepsg 6th Aug 18, 9:37 AM
    • 17 Posts
    • 2 Thanks
    jasdeepsg
    • #5
    • 6th Aug 18, 9:37 AM
    • #5
    • 6th Aug 18, 9:37 AM
    Thanks for the reply.

    The claim issued to me has guidance and in guidance it clearly says i have to reply within 14 days of the service which 5 days after the issue date on the claim.

    Issue date on the claim is 2016.

    I still donít have any chance to get this set aside?

    This seems very unfair.
    • Umkomaas
    • By Umkomaas 6th Aug 18, 9:57 AM
    • 20,604 Posts
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    Umkomaas
    • #6
    • 6th Aug 18, 9:57 AM
    • #6
    • 6th Aug 18, 9:57 AM
    Issue date on the claim is 2016.
    Has this date just been blindly transfered from the old claim across to the new one?

    If so, telephone the Northampton CCBC and ask their advice. It can take ages for them to answer the phone, so be patient.
    Please note, we are not a legal, residential or credit advice forum, rather one that helps motorists fight private parking charges, primarily at the 'front-end' of the process.
    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.
    • The Slithy Tove
    • By The Slithy Tove 6th Aug 18, 10:04 AM
    • 3,455 Posts
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    The Slithy Tove
    • #7
    • 6th Aug 18, 10:04 AM
    • #7
    • 6th Aug 18, 10:04 AM
    Has this date just been blindly transfered from the old claim across to the new one?

    If so, telephone the Northampton CCBC and ask their advice. It can take ages for them to answer the phone, so be patient.
    Originally posted by Umkomaas
    And post up everything you have now been sent, suitably redacted, but leaving all dates in place.
    • jasdeepsg
    • By jasdeepsg 6th Aug 18, 10:23 AM
    • 17 Posts
    • 2 Thanks
    jasdeepsg
    • #8
    • 6th Aug 18, 10:23 AM
    • #8
    • 6th Aug 18, 10:23 AM
    Hi, yes they have just changed the name of the claimant but didnít change the date.

    I have called CCBC and they said they canít do anything I have to pay £255 to get it set aside and judge will decide, it can take 4 -6 weeks for it be presented to judge. If I donít pay it by 31st of aug judgement will be entered in my credit file regardless of I have applied it to be set aside.
    • jasdeepsg
    • By jasdeepsg 6th Aug 18, 10:28 AM
    • 17 Posts
    • 2 Thanks
    jasdeepsg
    • #9
    • 6th Aug 18, 10:28 AM
    • #9
    • 6th Aug 18, 10:28 AM
    hps://ibb.co/nvkAJz
    hps://ibb.co/kmyKBK
    hps://ibb.co/i47CWK

    Please add tt after each h to view the image
    • nosferatu1001
    • By nosferatu1001 6th Aug 18, 10:36 AM
    • 4,148 Posts
    • 5,001 Thanks
    nosferatu1001
    Well you can pay the judgement NOW, and STILL APPLY FOR A SET ASIDE
    This is the most pragmatic route, in case you dont get the set aside granted.

    https://ibb.co/nvkAJz
    https://ibb.co/kmyKBK
    https://ibb.co/i47CWK
    • nosferatu1001
    • By nosferatu1001 6th Aug 18, 10:38 AM
    • 4,148 Posts
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    nosferatu1001
    No idea why you kept sayINg "PE"

    This is CLEARLY Premier park.

    What did your CCJ SET ASIDE ORDER state, back in 2016?
    Give us the EXACT ORDER, no ifs or buts, show us the Order.

    This Order will have said what they need to do.
    • Umkomaas
    • By Umkomaas 6th Aug 18, 10:45 AM
    • 20,604 Posts
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    Umkomaas
    Such a fundamental change to the document, yet the CCBC have accepted the original claimant's (ZZPS) name to be scratched out and substituted with a handwritten substitute. Were any checks done on this, given the significant change?

    @OP - why not complain to your MP, who might be able to add some weight to this.
    Please note, we are not a legal, residential or credit advice forum, rather one that helps motorists fight private parking charges, primarily at the 'front-end' of the process.
    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.
    • jasdeepsg
    • By jasdeepsg 6th Aug 18, 10:49 AM
    • 17 Posts
    • 2 Thanks
    jasdeepsg
    Ordered from 11th April.

    https://ibb.co/hwDm8z

    If Judgement is paid and subsequently set aside will I get the money back?

    Thanks.
    • jasdeepsg
    • By jasdeepsg 6th Aug 18, 10:53 AM
    • 17 Posts
    • 2 Thanks
    jasdeepsg
    Let me be very clear again-

    2016 default judgement with zzps limited as claimant
    April 2018 judgement was set aside as claimant name was wrong.
    May 2018 updated claim with new claimant details but 2016 issue date.
    July 18- default judgement again
    • Umkomaas
    • By Umkomaas 6th Aug 18, 10:56 AM
    • 20,604 Posts
    • 32,519 Thanks
    Umkomaas
    May 2018 updated claim with new claimant details but 2016 issue date.
    So what did you do between May 2018 and

    July 18- default judgement again
    Did you acknowledge the claim, then defend it?
    Please note, we are not a legal, residential or credit advice forum, rather one that helps motorists fight private parking charges, primarily at the 'front-end' of the process.
    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.
    • jasdeepsg
    • By jasdeepsg 6th Aug 18, 11:08 AM
    • 17 Posts
    • 2 Thanks
    jasdeepsg
    Before April I have been speaking to ccbc helpline and they said to me that a new claim will need to served by premier park. Given that, It wasnít clear that I have to acknowledge to this claim as they used old claim number and old dates.

    I was under impression that they will serve a new claim with new number and new dates.

    How can they use the same claim number and old dates where as the judgement for old claim has been set aside? How did ccbc allowed it to happen.
    • jasdeepsg
    • By jasdeepsg 6th Aug 18, 11:11 AM
    • 17 Posts
    • 2 Thanks
    jasdeepsg
    Sorry just realise that I did not reply to your question.

    I did not do anything after may as I was expecting a new claim form with correct dates.
    • Umkomaas
    • By Umkomaas 6th Aug 18, 11:24 AM
    • 20,604 Posts
    • 32,519 Thanks
    Umkomaas
    Thanks for confirmation on that. I fully understand why you might have anticipated fresh papers, not old rehashes with scratchings out and handwritten wholesale changes.

    As MCOL is what it says 'On Line' you would hardly expect to have a partially handwritten document served on you. But I'm at the end of my knowledge spectrum on this now, hopefully one of the legally experienced people (Johnersh, Loc123 or IaE) will pick up the thread and offer some further advice.

    Hope it works out for you.
    Please note, we are not a legal, residential or credit advice forum, rather one that helps motorists fight private parking charges, primarily at the 'front-end' of the process.
    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.
    • nosferatu1001
    • By nosferatu1001 6th Aug 18, 1:29 PM
    • 4,148 Posts
    • 5,001 Thanks
    nosferatu1001
    If you successfully Set Aside the judgement AND won any case (or they discontinued it) you would of course get your money back.

    to be honest I would look to get this set aside. this was not a properly served claim, and as such no judgement is possible. CCBC being their sterling selves again.
    • waamo
    • By waamo 6th Aug 18, 1:33 PM
    • 4,888 Posts
    • 6,329 Thanks
    waamo
    FWIW I would say it's confusing. Just opinion though.

    It also makes a difference that it isn't actually PE. We know PE don't currently enforce. Premier are a bit of an unknown quantity. They tend to not be as organised as PE though which makes a set aside marginally easier.
    This space for hire.
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