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  • FIRST POST
    • Sassii
    • By Sassii 3rd Jan 19, 11:49 PM
    • 240Posts
    • 199Thanks
    Sassii
    Found another CCJ on my credit score
    • #1
    • 3rd Jan 19, 11:49 PM
    Found another CCJ on my credit score 3rd Jan 19 at 11:49 PM
    Hi All

    Just found another CCJ on my credit score dated Nov. 2017 from pcm for pcn on January 2015.

    My previous set aside case was before Nov. 2017 so pcm / Gladstones knew my new address but chose to serve the claim form to my old address plus I already informed them about my new address before moving.

    That was hired company car so they got address from myself not from DVLA

    Now could please some one from my friends here guide me for how to fill N244 form as can't find complete guide for that.

    also do I need to attache Witness Statement or Statement of case and what is the different between them.

    I understand from the threads I don't need to send any evidence up to hearing time, is that right?.

    Thanks
    Last edited by Sassii; 04-01-2019 at 12:02 AM.
Page 2
    • Coupon-mad
    • By Coupon-mad 24th Feb 19, 1:49 AM
    • 70,207 Posts
    • 82,782 Thanks
    Coupon-mad
    Bump for us all to look at tomorrow, as this had dropped to page 3.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • Sassii
    • By Sassii 27th Feb 19, 3:58 PM
    • 240 Posts
    • 199 Thanks
    Sassii
    Bump for us all to look at tomorrow, as this had dropped to page 3.
    Originally posted by Coupon-mad
    Thanks v much Coupon-mad.

    As no one comment on the above Statement of Defence I'll assume that there is nothing wrong with it and really I can't see why I need to submit different one.

    So is it good idea to just photocopy the old one with the old address and submit it again?. I just want to set the point that I'm not changing my words and the statement was already submitted and just the judge didn't notice it was on file.

    I'm going to ask the court to issue final set aside order with no restriction and to allocate a hearing for the rest of my draft orders with set aside application like:

    1. Claimant to pay the Defendant £255 as reimbursement for the set aside fee plus £20 for original Claim Form and Default Judgement order copies.

    2. The original Claim to be dismissed / Struck out.

    3. Claimant to pay Defendant’s costs.

    Your comments and advise urgently needed as time is consuming

    Regards
    • Sassii
    • By Sassii 27th Feb 19, 9:07 PM
    • 240 Posts
    • 199 Thanks
    Sassii
    Could please someone review and advise for the below letter planing to send with Statement of Defence

    Cover Letter and Orders request


    IN THE COUNTY COURT AT

    CLAIM No:

    BETWEEN:

    PARKING CONTROL MANAGEMENT (UK) LIMITED (Claimant)

    -and-

    MR. (Defendant)

    I am Mr. xxx and I am the Defendant in this matter. Please find attached second Statement of Defence to comply with the court order dated xxxx along with the first Statement of Defence filed to County court Business centre on xxxx.

    Defendant politely asks the court for full set aside order as the court order dated xxxx hold the set aside order up to file the attached Statements of Defence.

    Also, Defendant asks for the below orders stated in Defendant set aside application filed to court on xxxx or to allocate a hearing for that orders request as below:

    1. Claimant to pay the Defendant £255 as reimbursement for Defendant set aside fee plus £20 for original Claim Form and Default Judgement order copy.
    2. The original claim to be dismissed / Struck out.
    3. Claimant to pay Defendant’s costs (costs application filed to court on xxxx).

    Your faithfully
    • ShakeItOff
    • By ShakeItOff 27th Feb 19, 9:18 PM
    • 370 Posts
    • 449 Thanks
    ShakeItOff
    You might want to search the board for 6 point set aside order to help you. This is the most thorough order that I could find for the set aside
    • Sassii
    • By Sassii 27th Feb 19, 11:00 PM
    • 240 Posts
    • 199 Thanks
    Sassii
    You might want to search the board for 6 point set aside order to help you. This is the most thorough order that I could find for the set aside
    Originally posted by ShakeItOff
    set aside application already filed long time ago but as we discussed nothing in last hearing so I think I have to renew my requests and ask for another hearing.

    so I'll wait up to my friends here review the above letter / request and give me there opinion and advise
    • Coupon-mad
    • By Coupon-mad 27th Feb 19, 11:04 PM
    • 70,207 Posts
    • 82,782 Thanks
    Coupon-mad
    I don't quite understand what you are saying here:

    Defendant politely asks the court for full set aside order as the court order dated xxxx hold the set aside order up to file the attached Statements of Defence.

    Also, Defendant asks for the below orders stated in Defendant set aside application filed to court on xxxx or to allocate a hearing for that orders request as below:
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • Sassii
    • By Sassii 27th Feb 19, 11:13 PM
    • 240 Posts
    • 199 Thanks
    Sassii
    I don't quite understand what you are saying here:
    Originally posted by Coupon-mad
    Sorry my English sometimes did not help me

    1st I want to request for anther set aside without the part of I have to provide Statement of defence

    2nd we discussed nothing in the last hearing so I want to renew my requests for costs and dismiss the original claim
    • Sassii
    • By Sassii 3rd Mar 19, 9:54 PM
    • 240 Posts
    • 199 Thanks
    Sassii
    Hi All my friend here

    Just before sending the new Statement of Defence I received a Cancellation of Judgement Debt order and was saying the Default Judgement against me been set aside I phoned the court and asked if they need any more statement of defence they said no.

    Happy but Very confused.

    Thanks for all of you
    • Sassii
    • By Sassii 8th Apr 19, 10:47 PM
    • 240 Posts
    • 199 Thanks
    Sassii
    pcm discontinue the case
    after Court sent N180 to us Gladstones missed the date to file N180 and discontinue the case after 2 weeks of that. Now court not responding to my complain and costs request filed with the set aside application.

    I think that is the time to start another legal case against Management Company.

    Any advise are welcome.

    Regards
    • Coupon-mad
    • By Coupon-mad 8th Apr 19, 10:50 PM
    • 70,207 Posts
    • 82,782 Thanks
    Coupon-mad
    Maybe you will have to file a new N244 for £100 for a costs order without a hearing.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • Sassii
    • By Sassii 16th Apr 19, 4:03 PM
    • 240 Posts
    • 199 Thanks
    Sassii
    Please review proposed LBC to Management Company
    Hi All

    As management Company still challenging residents and add the new parking management fees to service charge so we have no other choice except taking them to court so could please help me to review the below proposed LBC to MC and please comment or advise for any correction or something could be added.

    Regards


    The Company Secretary of xxxx
    Address:
    Date:

    LETTER BEFORE COUNTY COURT CLAIM

    Dear Sir / Madam,

    This letter is sent in accordance with the Practice Directions on Pre-Action Conduct. You are liable for £xxxx compensatory payments in respect of breaches of the Data Protection Act 1998 (DPA 1998) and misuse of my personal data, as set out in the following paragraphs.

    Facts of the Case
    1. This matter arises from the issue of a Parking Charge Notices (PCNs) by your contractor Parking Control Management (UK) Ltd to a vehicle I was keeper of it at xxxx Development, on xxxx and xxxx while the vehicle was stopping / parking lawfully and legally under lease contract terms and conditions. As at all material times Parking Control Management (UK) Ltd were acting with the authority of, and under your Company’s instructions and interests, so that the agent / principal relationship giving rise to joint and several liability is clearly established.

    2. Subsequent to the incident and following my refusal to pay a charge of £200 for ‘’Parked within a restricted area’’, and after protracted appeals processes with Parking Control Management (UK) Ltd & IPC a court Claim Form was issued by Parking Control Management (UK) Ltd on xxxx (2 years and 9 months from the alleged parking incidents), Claim Number xxxx.

    3. The Parking Control Management (UK) Ltd chose to serve the Claim Form for the case mentioned above to my old address to get a default Judgement against myself for the intention to cause damage especially after they been informed and knew my new / current address from emails, letters and other court cases before launched that case in question.

    4. I knew about the default Judgement against me on xxxx after receiving bank letter and checking my credit score. I applied for set aside application which the hearing was listed for xxxx County Court on xxxx and that Default Judgement against me was set aside for the reasons mentioned in this letter.

    5. Your site manager xxxx knew all details and had all correspondences about PCNs and been informed about the bad behaves of your contractor Parking Control Management (UK) Ltd against Residents of xxxx and how that contractor breached the agreement with your company. Also I asked your site manager to communicate with your contractor pcm to discontinue the court case and cancel that PCNs but no action been taken helping for that.
    6. Residents of xxxx signed a petition and sent formal complain, about your contractor Parking Control Management (UK) Ltd, to your company dated xxxx and your Company finally removed that contractor from site on xxxx after more than a year of the complaint.

    7. Also your company legal team were reluctant to help and to present the agreement between Parking Control Management (UK) Ltd and your company.

    8. As evidenced by the above, there was clearly breach of DPA 1998 and misuse of my personal data as there were no reasonable cause for Parking Control Management (UK) Ltd to process my personal data to their Debt Recovery agent / solicitor for any lawful purpose and no reasonable cause to use my personal date inaccurate.


    Legal Issues Arising

    It follows that, your contractor Parking Control Management (UK) Ltd were in breach of the Data Protection Act 1998 Principles causing financial damage, financial loss, wasting times & efforts, significant harassment & anxiety and personal distress to myself, and s13 of the DPA 1998 provides for financial compensation for this so pursuant to s13 of the DPA 1998 I’m asking for compensation of £xxx from your company.
    I rely different legal cases and on two significant authorities in support of my claim, which are Vidal-Hall v Google Inc [2015] EWCA 311, and Halliday v Creation Consumer Finance Ltd [2013] EWCA Civ 333. In Vidal-Hall, it was held by the Court of Appeal that compensation was payable upon the fact of breach, and that it was not necessary to quantify a direct pecuniary loss.

    Both of the above cases arose as a result of material breaches of the DPA by the respective defendants and can be considered to provide binding precedents for my own situation. A similar ruling was made by a District Judge at Liverpool County Court on 7 December 2016, in case no. C9DP2D6C, VCS v Mr. P, while not binding, is persuasive that a DPA breach occurs when a parking charge is not legitimately pursued.


    Actions Required by Defendant

    I now require you to remit the sum of £xxxx payable to me at the below address, within 14 days of your receipt of this letter, deemed to be two working days after the date of posting.

    Failure to pay the sum due, or to otherwise furnish a substantive response, will result in the issue of a Money Claim through the County Court Business Centre at Northampton without further reference to yourselves.

    In the event that a Claim is issued, you may incur additional costs in the form of court filing fees, hearing fees, and such other costs as are recoverable on the small claims track of the County Court. A judgment against you may also result in a downgrading of your Company’s credit rating, and further costs for enforcement action, which may include seizure and disposal of your corporate assets by Court appointed bailiffs.

    Yours faithfully,


    Name:
    Date:
    Address:
    Last edited by Sassii; 16-04-2019 at 4:16 PM.
    • Coupon-mad
    • By Coupon-mad 16th Apr 19, 4:49 PM
    • 70,207 Posts
    • 82,782 Thanks
    Coupon-mad
    management Company still challenging residents and add the new parking management fees to service charge
    They want to ADD 'parking management fees' of how much per resident, to your Service charge?!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • Quentin
    • By Quentin 16th Apr 19, 4:52 PM
    • 38,619 Posts
    • 22,562 Thanks
    Quentin
    This looks far removed from this forum

    You look to be wanting legal advice over suing your managing agents over DPA beaches??

    Try leagle beagles
    • Coupon-mad
    • By Coupon-mad 16th Apr 19, 4:55 PM
    • 70,207 Posts
    • 82,782 Thanks
    Coupon-mad
    Could try Small Claims Adviser as the Deep successfully did (I am unconnected).
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • Sassii
    • By Sassii 16th Apr 19, 5:59 PM
    • 240 Posts
    • 199 Thanks
    Sassii
    They want to ADD 'parking management fees' of how much per resident, to your Service charge?!
    Originally posted by Coupon-mad
    It’s not clear they mentioned £175/month but don’t say is it divided by all residents or not if so it will be £1/ month for each residents which again breaching our lease and freehold contract.
    • Sassii
    • By Sassii 16th Apr 19, 6:01 PM
    • 240 Posts
    • 199 Thanks
    Sassii
    This looks far removed from this forum

    You look to be wanting legal advice over suing your managing agents over DPA beaches??

    Try leagle beagles
    Originally posted by Quentin
    Thanks for advise, I tried leagle beagles before but got no comment however i’ll tray again today.
    Last edited by Sassii; 16-04-2019 at 7:14 PM.
    • Coupon-mad
    • By Coupon-mad 19th Apr 19, 12:33 AM
    • 70,207 Posts
    • 82,782 Thanks
    Coupon-mad
    It’s not clear they mentioned £175/month but don’t say is it divided by all residents or not if so it will be £1/ month for each residents which again breaching our lease and freehold contract.
    Originally posted by Sassii
    Wow how much?

    I know you know all this, but wow, it makes no sense at all to agree to PAY that, in order to adversely vary your leases and accept a parking management scam that will then seek to penalise you on top (and by varying the leases they would have you over a barrel).

    I hope all the residents feel the same?

    Did you see my suggestion as a possible adviser for you?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
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