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  • FIRST POST
    • ShakeItOff
    • By ShakeItOff 13th Jan 19, 6:04 PM
    • 81Posts
    • 67Thanks
    ShakeItOff
    CCJ Set Aside
    • #1
    • 13th Jan 19, 6:04 PM
    CCJ Set Aside 13th Jan 19 at 6:04 PM
    Hi all

    I had a check on my credit file this morning, and noted that I apparently have been issued with a CCJ which hasn't been settled. It hasn't been settled as I didn't know about it. I will be applying to have the judgment set aside, but wondered if I could pick your brains on the solidness of the reason. I don't really want to waste £255 if I can help it.

    In brief, I received a notification to keeper outside of the timescale. I responded to say driver liability wasn't established. I received a generic "we don't find in your favour". The alleged debt was passed on to the usual recovery (DRP I think). In the meantime, I moved. I had postal redirect for 6 months after the move, heard nothing. Debt company wrote to my new address. Court papers have never been issued to my new house. I am going to ask the court to confirm where the papers were sent to double check, but the CCJ on my file notes my old address.

    I want to ask for the set aside because it was reasonable that the papers should have been issued to my new address (as the debt company had been writing to me here). Instead, I did not get the opportunity to defend the claim (which I would have done), and, if I had lost, I would have paid and avoided the CCJ. Is this enough, in principle?

    I have been reading the forum to try and work out how others have gone around this, and it seems that having moved is not necessarily enough in itself, but I am hoping I can rely on the fact that the debt company wrote to my new address.

    Next action for me is tomorrow, to contact the court to double check that it is the PPC/debt company, then get cracking on the form to request the set aside. If it isn't this company, I am truly at odds to think who it could be!

    Any help, very gratefully received!
Page 1
    • Redx
    • By Redx 13th Jan 19, 6:11 PM
    • 21,040 Posts
    • 26,442 Thanks
    Redx
    • #2
    • 13th Jan 19, 6:11 PM
    • #2
    • 13th Jan 19, 6:11 PM
    read this thread, it may help you

    https://forums.moneysavingexpert.com/showthread.php?t=5949100

    and the NEWBIES FAQ sticky thread also has set aside advice too

    bear in mind that this isnt a legal advice forum


    if you asked Martin Lewis for legal advice , he would tell you to see a lawyer or solicitor
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • ShakeItOff
    • By ShakeItOff 13th Jan 19, 6:21 PM
    • 81 Posts
    • 67 Thanks
    ShakeItOff
    • #3
    • 13th Jan 19, 6:21 PM
    • #3
    • 13th Jan 19, 6:21 PM
    Sorry, I should have added that the CCJ date is autumn 2018.

    Thank you Redx. I have been reading the forum to avoid asking repeated questions, and fully appreciate this is not a legal advice forum.
    • KeithP
    • By KeithP 13th Jan 19, 6:25 PM
    • 12,094 Posts
    • 12,821 Thanks
    KeithP
    • #4
    • 13th Jan 19, 6:25 PM
    • #4
    • 13th Jan 19, 6:25 PM
    Did you ever respond to DRP's letters to your new address?

    If you had, then DRP would've had an obligation to tell the PPC your new address.

    Without a response from you, the debt company had no way of knowing whether the address they were writing to was good or not.
    .
    • ShakeItOff
    • By ShakeItOff 13th Jan 19, 6:29 PM
    • 81 Posts
    • 67 Thanks
    ShakeItOff
    • #5
    • 13th Jan 19, 6:29 PM
    • #5
    • 13th Jan 19, 6:29 PM
    I had only responded by email. The debt company must have obtained my address from somewhere (guessing DVLA). I hadn't responded to the threat letters, and never received a letter before action.

    I feel properly stupid.
    • Igab17
    • By Igab17 14th Jan 19, 12:02 AM
    • 6 Posts
    • 0 Thanks
    Igab17
    • #6
    • 14th Jan 19, 12:02 AM
    • #6
    • 14th Jan 19, 12:02 AM
    I am in a similar situation unfortunately
    • Coupon-mad
    • By Coupon-mad 14th Jan 19, 12:46 AM
    • 65,698 Posts
    • 78,231 Thanks
    Coupon-mad
    • #7
    • 14th Jan 19, 12:46 AM
    • #7
    • 14th Jan 19, 12:46 AM
    Never mind, as long as you didn't ignore a court claim that actually came to your current address, then we see set asides won pretty much every time and have done for a couple of years. You need to satisfy the judge of NOT being serve with a claim form, and satisfy them that you have an arguable defence (everyone does v a PPC scam).

    Search the forum for set aside 6 point order and copy what others have done.
    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
    • The Deep
    • By The Deep 14th Jan 19, 9:16 AM
    • 11,492 Posts
    • 11,581 Thanks
    The Deep
    • #8
    • 14th Jan 19, 9:16 AM
    • #8
    • 14th Jan 19, 9:16 AM
    It is the will of Parliament that these scammers be put out of business.

    Hopefully that will take place in the near future. The Bill has passed through the HOC without hitch, and goes to the Lords soon. In the meantime involve your MP, the poor dears are buckling under the weight of complaints about these scammers.

    This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors. Is has been suggested by an MP that some of these companies may have connections to organised crime.

    Parking Eye, CPM, Smart, (especially Smart}, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week), hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

    The problem has become so widespread that MPs have agreed to enact a Bill to regulate these scammers.

    Sir Greg Knight's Private Members Bill to curb the excesses, and perhaps close down, some of these companies passed its Third Reading in late November, and, with a fair wind, will become Law next year.

    All three readings are available to watch on the internet, (some 6-7 hours), and published in Hansard. MPs have an extremely low opinion of the industry. Many are complaining that they are becoming overwhelmed by complaints from members of the public. Add to their burden, complain in the most robust terms about the scammers.
    You never know how far you can go until you go too far.
    • ShakeItOff
    • By ShakeItOff 14th Jan 19, 11:58 PM
    • 81 Posts
    • 67 Thanks
    ShakeItOff
    • #9
    • 14th Jan 19, 11:58 PM
    Update
    • #9
    • 14th Jan 19, 11:58 PM
    It turns out that it is the company I suspected (PPS) who engaged BW Legal. I have spoken with the Northampton CCBC and they've sent me the NS244 form. I have prepared a WS and DO. Could someone please help me with it an check that I am ready to send:

    ___________________________________


    DRAFT ORDER

    ______________________________________


    IT IS ORDERED THAT:

    Upon reading the Defendant's application dated XXXXXXXXXX.

    It is ordered that:

    1. The default judgment dated DATE be set aside.

    2. Costs to be reserved.

    3. Unless the Claimant serves a copy of the Claim Form on the Defendant by 4pm on xx/xx/19 paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £255 and the claim shall be struck out.

    4. If the Claimant serves the claim form as directed in paragraph 3 the Defendant shall file and serve a defence by 4pm on xx/xx/2019.

    5. Should the Claimant discontinue the Claim after the CCJ is set aside, paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £255 plus the Defendant's costs for attending the hearing.

    6. All enforcement be put on hold pending the outcome of the application.




    WITNESS STATEMENT

    1. I am ShakeItOff and I am the defendant in this matter. This is my supporting statement to my application dated DATE requesting to:
    a. Set aside the default judgment dated DATE as it was defectively served using an old address.
    b. Order for the claimant to pay the defendant £255 as reimbursement for the set aside fee.
    c. Order for the original claim to be dismissed.

    DEFAULT JUDGMENT

    2. I understand that the claimant obtained a default judgment against me on DATE. However, it was not served at my current address, therefore I was not aware of the county court judgment until 13 January 2019 when I performed a routine review of my credit file. On 14 January 2019 I telephoned the Northampton County Court Business Centre to find out who the claimant was. I was informed that the claim was lodged by BW Legal Services Limited, acting for Premier Parking Solutions Limited.

    3. I understand that this claim was served at OLD ADDRESS. However, I moved to a new address on DATE upon the purchase of a house. I have enclosed proof of the purchase date (Appended - EVIDENCE 1).

    4. I have never received any correspondence nor contact from the claimant, therefore I was never able to challenge the original charge nor the judgment. While I never received paperwork from BW, I had received from PPS, so would this point stand?

    5. I believe that the claimant has behaved unreasonable by not ensuring they used my correct contact details. According to the Civil Procedure Rule 6.9 (3) Where a claimant has reason to believe that the address of the defendant referred to in entries 1, 2 or 3 in the table in paragraph (2) is an address at which the defendant no longer resides or carries on business, the claimant must take reasonable steps to ascertain the address of the defendant’s current residence or place of business (‘current address’). I do not believe proceedings were validly served because 3 years on it cannot be assumed that this was my last known address. According to publicly available information my circumstances are far from being unique, despite my change in married name. DRP actually did track me to my current address. Is that worth putting in?

    6. I suggest that the claimant did not make reasonable enquiries as to my current address before pursuing the court order especially considering they have good reason to believe they did not hold my current contact details. My email address was available on the original parking charge notice appeal made to Premier Parking Solutions Limited. No attempts were made to verify my address by email. Furthermore, considering the claimant received no response from me to their correspondence this should have been a clear indication of the obsolescence of the address OLD ADDRESS.

    7. Considering the above, I was unable to defend this claim. Therefore, I believe that the default judgment against me was irregular and I respectfully request it is set aside.

    ORDER DISMISSING THE CLAIM
    8. I further believe that the original parking charge notice dated DATE has no merit and should thus be dismissed.

    9. The claimant has obtained details of the vehicle for which I was the registered keeper. I confirm that I was the registered keeper of the vehicle REG NUMBER from YEAR until RECENTLY.

    10. The claimant is required to comply with Schedule 4 of the Protection of Freedoms Act 2012. Upon receipt of a letter from Premier Parking Solutions Limited dated DEC 2015, I responded to the letter on DATE via email. I confirmed that I was the registered keeper of the vehicle but that as the notice to keeper had been issued outside of the timelines of Schedule 4 of the Protection of Freedoms Act 2012, the claimant must pursue the driver. The claimant responded with a generic appeal response letter which did not cover the points raised in the defendant’s email.

    11. Due to the significant amount of time from the parking charge notice being allegedly issued in DATE and Premier Parking Solution Limited’s letter of DATE, I cannot recall who the driver would have been. Furthermore, multiple family members had access to the vehicle.

    12. A requirement of the Protection of Freedoms Act 2012 is that any notice to keeper must be served within 56 days of the date of the alleged incident. I submit that the claimant has not complied with the requirements of the Act and thus cannot claim this charge against me as the registered keeper. This was a windscreen ticket, so I am correct with this timescale?

    13. Whilst I confirm that I was the registered keeper of the vehicle, there is no evidence of the driver and the claimant is put to strict proof that any contract can exist between the claimant and myself.

    14. On this basis I believe that the claimant has not provided any reasonable cause of action and this the claim should be dismissed in its entirety.




    Am I correct in thinking that I send both the DO and the WS, but on separate pages, with the NS244 form?
    • Coupon-mad
    • By Coupon-mad 15th Jan 19, 1:48 AM
    • 65,698 Posts
    • 78,231 Thanks
    Coupon-mad
    Am I correct in thinking that I send both the DO and the WS, but on separate pages, with the NS244 form?
    Yes, and with the £255 fee unless you qualify for help with fees (income related).

    4. I have never received any correspondence nor contact from the claimant, therefore I was never able to challenge the original charge nor the judgment. While I never received paperwork from BW, I had received from PPS, so would this point stand?
    No. Remove that.

    DRP actually did track me to my current address. Is that worth putting in?
    Yes, I would. The Claimant knew or should have known from their agents that they had traced a newer address why did they not use it for the claim and/or Letter before Claim?

    This was a windscreen ticket, so I am correct with this timescale?
    Yes.
    Last edited by Coupon-mad; 15-01-2019 at 1:51 AM.
    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
    • ShakeItOff
    • By ShakeItOff 15th Jan 19, 3:25 PM
    • 81 Posts
    • 67 Thanks
    ShakeItOff
    Thanks Coupon! I have amended and got my three copies printed, signed off and have the fee ready to go.

    Right, I am ready to send to the County Court Business Centre.

    Wish me luck!
    • ShakeItOff
    • By ShakeItOff 15th Jan 19, 3:27 PM
    • 81 Posts
    • 67 Thanks
    ShakeItOff
    Do you reckon I would be best off submitting a Subject Access Request now?
    • nosferatu1001
    • By nosferatu1001 15th Jan 19, 3:29 PM
    • 4,387 Posts
    • 5,330 Thanks
    nosferatu1001
    Make it really clea that
    - on x date you moved
    - on y date their AGENT, DRP, sent you a letter at NEW ADDRESS indicating that the claimant was aware of your new address
    - on z date, despite being aware of your NEW ADDRESS, the claim was filed at OLD ADDRESS.
    - THe claimant has therefore not provided good service.
    • nosferatu1001
    • By nosferatu1001 15th Jan 19, 3:30 PM
    • 4,387 Posts
    • 5,330 Thanks
    nosferatu1001
    Yes, you ALSO submit a SAR.
    • Coupon-mad
    • By Coupon-mad 15th Jan 19, 3:46 PM
    • 65,698 Posts
    • 78,231 Thanks
    Coupon-mad
    Make it really clea that
    - on x date you moved
    - on y date their AGENT, DRP, sent you a letter at NEW ADDRESS indicating that the claimant was aware of your new address
    - on z date, despite being aware of your NEW ADDRESS, the claim was filed at OLD ADDRESS.
    - THe claimant has therefore not provided good service.
    Originally posted by nosferatu1001
    That's a good idea, spelling that out shows they have failed to serve it properly or to take reasonable steps to use what they knew was a newer address, for the pre-action protocol exchange of letters.

    The silence from the old address, and their knowledge that there was another address, would have told the PPC to try the latter for the LBC before issuing a claim at an address they had every reason to conclude was no longer your address.
    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
    • ShakeItOff
    • By ShakeItOff 15th Jan 19, 5:04 PM
    • 81 Posts
    • 67 Thanks
    ShakeItOff
    Thanks Nosferatu. I have probably not put it quite so explicitly but I have mentioned when I moved, provided confirmation and also added the debt recovery letter which clearly shows the date. I was very keen to get it off today as I know that acting swiftly is preferred to provarication.

    SAR to follow!
    • ShakeItOff
    • By ShakeItOff 15th Jan 19, 11:11 PM
    • 81 Posts
    • 67 Thanks
    ShakeItOff
    I've got my SAR ready and good to go. Interestingly PPS don't have a privacy statement on their website, and funnily enough, there is no data protection officer email. Wonder why that could possibly be? (Thanks Coupon, again! )

    Anyway, I suspect this will probably all go a bit quiet now for a few days/week or so, while the set aside is winging its way to Northampton, and PPS deliberate over some of the big words...
    Last edited by ShakeItOff; 15-01-2019 at 11:38 PM. Reason: Because I am a plonker
    • Coupon-mad
    • By Coupon-mad 15th Jan 19, 11:28 PM
    • 65,698 Posts
    • 78,231 Thanks
    Coupon-mad
    Interestingly PPS don't have a privacy statement on their website, and funnily enough, there is no data protection officer email. Wonder why that could possibly be?
    Yes, they do.

    How do people keep missing various parking firms' privacy statements? I would be happy if I had earned a fiver every time I've had to do this sort of thing (Google search, took 10 seconds) since GDPR came in:

    http://pps.uk.com/gdpr_noanpr.html
    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
    • ShakeItOff
    • By ShakeItOff 15th Jan 19, 11:36 PM
    • 81 Posts
    • 67 Thanks
    ShakeItOff
    Where is that face palm emoji? Thanks Coupon!

    Right... off to the right place it goes!
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