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  • FIRST POST
    • Crebag
    • By Crebag 15th May 19, 8:53 PM
    • 16Posts
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    Crebag
    Parking ticket now a ccj advice please
    • #1
    • 15th May 19, 8:53 PM
    Parking ticket now a ccj advice please 15th May 19 at 8:53 PM
    Hi Guys/Gals. My 1st post so apologies in advance if this is the wrong place, I'm looking for some advice, My car was issued a parking fine last year (think they was called parking eye) whilst my Ex girlfriend was using my car, when I received the fine I basically passed this on to her and asked her to deal with it, basically she never paid, even though she told me she would do it, when I got the second reminder I again asked her and her reply was she paid a few days before.
    Now, after having major building work done on our home and major problems with post and deliveries being undelivered, delivered to the wrong address, and even in one instance the temporary post box I put out for the postman (who couldn't get to my front door due to building work) was stolen! Anyway, I got an email from Experian saying your credit rating has changed please log in to see.....
    Anyway I got around to logging in today to see to my horror that I have had a CCJ on my credit record due to this said unpaid parking fine. I have spent most of my savings on my house renovations in which I live with my 2 young children of whom I have custody of due to there mother having alcohol issues. before this drama I was thinking of maybe taking some equity out of our home to pay for the final bits and bobs to finish off our home to make it nice for the girls and now after doing some online research this CCJ could make it very difficult to release any equity. I'm aware I can request a "set aside" on the ruling but my heads spinning and I wouldnt have a clue where to start or any idea if it would be sucessful. Any advice would be greatly appreciated. Thanks in advance. John
Page 1
    • Coupon-mad
    • By Coupon-mad 15th May 19, 9:05 PM
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    Coupon-mad
    • #2
    • 15th May 19, 9:05 PM
    • #2
    • 15th May 19, 9:05 PM
    I'm aware I can request a "set aside" on the ruling but my heads spinning and I wouldnt have a clue where to start or any idea if it would be successful.
    Yep, set aside is the way forward, and we now see every set aside case succeed against parking firms, as long as you can satisfy the Judge with evidence about what you've said, such that the Judge agrees the Claim was never actually served to you, and that you had no opportunity to enter a defence.

    You will also need to have an idea of the defence you might need to put forward, if you choose to do a set aside WITHOUT consent (£255 court fee, and a hearing). Because that then wipes the CCJ and resets the case, and P/Eye will then proceed to a hearing for the claim, and you will need to defend it, and NOT just pay P/Eye!

    The other option is 'set aside with consent' by emailing ParkingEye with the PCN number and claim number in the subject line and asking them for a draft consent order, and how much they need you to pay them to clear the CCJ. That is likely to be about £190ish, to ParkingEye, plus then when they've signed the consent order, you have to apply to the court (no hearing, £100 court fee) to set aside with consent.

    The two set aside options are spelt out in the NEWBIES thread, top of this forum, post #2, under all the stuff about witness statements.

    ParkingEye can be reasonable about set asides with consent, so email them if that's your preferred route, but DO NOT pay them until you have had agreement that they WILL sign a consent order to set the CCJ aside:

    enforcement@parkingeye.co.uk

    HTH - read the NEWBIES thread and think about it for a couple of days but don't hang about, as with set asides, a Judge will expect you to act promptly.
    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
    • Crebag
    • By Crebag 15th May 19, 9:12 PM
    • 16 Posts
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    Crebag
    • #3
    • 15th May 19, 9:12 PM
    • #3
    • 15th May 19, 9:12 PM
    Wow thanks for the detailed fast reply Coupon - mad. In your opinion, which is the best and most straight forward method? I'm saying its parking eye but I'm not certain, but I do know exactly where the pcn was given so will check tomorrow. I do have this email address debtrecovery@vehiclecontrol.co.uk does it ring any bells? Kind Regards. John

    ps I dont have the PCN number, is there anyway I can find this out?
    • Coupon-mad
    • By Coupon-mad 15th May 19, 9:28 PM
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    Coupon-mad
    • #4
    • 15th May 19, 9:28 PM
    • #4
    • 15th May 19, 9:28 PM
    A completely different company then! ParkingEye is a company name.

    You said:
    (think they was called parking eye)
    ??

    So was it in fact Vehicle Control Services?

    Personally I would NOT trust that bunch, if it was VCS, to sign a consent order, but their cases can be easier to defend if you choose the £255 'without consent' option using the N244 court form you can download and take to your local court with a Witness Statement and Draft Order (see all the other set aside threads so far this year - search the forum & copy what they did). That would need a hearing and VCS might try to contest it.

    Which location, exact car park name?

    Pay & display, or permit car park?

    Exact parking firm name?

    And do you recall the contravention alleged?
    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
    • Crebag
    • By Crebag 15th May 19, 9:52 PM
    • 16 Posts
    • 6 Thanks
    Crebag
    • #5
    • 15th May 19, 9:52 PM
    • #5
    • 15th May 19, 9:52 PM
    It was myparkingcharge that the pcn directed us too my ex says. It was basically parking in a taxi bay while she collected some food from Nandos in Salford Quays.

    Dont know the Contravention unfortunately is this important?
    Can find exact name and type of car park in the morning and post it here. Thanks again for your help. The idea of having a CCJ on my credit rating is horrible.
    • Coupon-mad
    • By Coupon-mad 15th May 19, 10:02 PM
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    Coupon-mad
    • #6
    • 15th May 19, 10:02 PM
    • #6
    • 15th May 19, 10:02 PM
    This is VCS then. Not ParkingEye.

    They use myparkingcharge red cards that in fact say 'this is not a PCN'.

    So, you need to email VCS's Data Protection Officer (Google for their PRIVACY PAGE for that email contact) a Subject Access Request (SAR) giving them your name as registered keeper, and the VRN (and attach a copy of your log book to prove who you are) and state that you do not know the PCN number but have discovered a CCJ and require full disclosure of all data, all photos and all letters purportedly sent regarding any/all parking events relating to your car, plus the claim number and Particulars of Claim. Tell them a copy of the claim form plus all photos and all letters, plus any other data held electronically or otherwise, is needed and time is of the essence.

    DO NOT MENTION SET ASIDE and DO NOT just use the email addy you had.

    Meanwhile, at the weekend then download a N244 and read a load of set aside threads here, as you have to act promptly to do a set aside WITHOUT consent (with a hearing to follow at your local court).

    You will have to press ahead with the N244 and WS & 'Draft Order' (see other threads...) & £255 fee, if VCS are slow about the SAR which can take 30 days (hopefully they will be quicker). You will need the CLAIM NUMBER though, for your N244 form, and may have to ring the CCBC in Northampton to find that out, if VCS drag their heels.

    You cannot wait 30 days but get that SAR emailed right now to the DPO. An example of a SAR is shown in the NEWBIES thread, search it for 'SAR'. And I told you above specifically what to ask for, as in your case, you need the claim form as well as photos & letters.
    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
    • Crebag
    • By Crebag 16th May 19, 1:49 PM
    • 16 Posts
    • 6 Thanks
    Crebag
    • #7
    • 16th May 19, 1:49 PM
    • #7
    • 16th May 19, 1:49 PM
    Ive applied for the SAR (Thanks for the info) I'm just filling out the N244 form Coupon mad and it says "it is not necessary to complete questions 4-9a"
    So should I leave these blank? Do I attach anything with this form ie Defence or anything else or is this just to book a date for a hearing? I have tried looking for over an hour on the newbies thread but its very confusing and I'm scared to death I might mess it up. Should I enter anything in section 10? I'm really panicking Kind Regards. John
    • Coupon-mad
    • By Coupon-mad 16th May 19, 1:54 PM
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    Coupon-mad
    • #8
    • 16th May 19, 1:54 PM
    • #8
    • 16th May 19, 1:54 PM
    "it is not necessary to complete questions 4-9a"
    So should I leave these blank?
    Yes.

    Do I attach anything with this form
    Yes, as I said:
    press ahead with the N244 and WS & 'Draft Order' (see other threads...) & £255 fee,
    See other set aside threads and copy them, I advised. i.e. search the forum.
    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
    • Crebag
    • By Crebag 16th May 19, 3:09 PM
    • 16 Posts
    • 6 Thanks
    Crebag
    • #9
    • 16th May 19, 3:09 PM
    • #9
    • 16th May 19, 3:09 PM
    1. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.so I would like the county court judgment set aside.

    2. The facts are that the vehicle, registration XXXX, of which the Defendant is the registered keeper, was not driving the car on the date of the alleged offence
    2.1. It is denied that a 'charge notice' ('CN') was affixed to the car on the material date given in the Particulars. This Claimant is known to routinely affix misleading pieces of paper in a yellow/black envelope impersonating authority, bearing the legend 'this is NOT a Parking Charge Notice'. It is reasonable to conclude, from the date of the premature Notice to Keeper ('NTK') that was posted, that the hybrid note that the Claimant asserts was a 'CN' was no such thing, and therefore the driver was not served with a document that created any liability for any charge whatsoever. The Claimant is put to strict proof.


    2. The Particulars of Claim does not state whether they believe the Defendant was the registered keeper and/or the driver of the vehicle. These assertions indicate that the Claimant has failed to identify a Cause of Action, and is simply offering a menu of choices. As such, the Claim fails to comply with Civil Procedure Rule 16.4, or with Civil Practice Direction 16, paras. 7.3 to 7.5. Further, the particulars of the claim do not meet the requirements of Practice Direction 16 7.5 as there is nothing which specifies how the terms were breached.

    3. Due to the sparseness of the particulars, it is unclear as to what legal basis the claim is brought, whether for breach of contract, contractual liability, or trespass. However, it is denied that the Defendant, or any driver of the vehicle, entered into any contractual agreement with the Claimant, whether express, implied, or by conduct.


    5.. At best, parking without authorisation could be a matter for the landowner to pursue, in the event that damages were caused by a trespass. A parking charge cannot be dressed up by a non-landowner parking firm, as a fee, or a sum in damages owed to that firm for positively inviting and allowing a car to trespass. Not only is this a nonsense, but the Supreme Court decision in ParkingEye Ltd v Beavis [2015] UKSC 67, confirmed that ParkingEye could not have pursued a sum in damages or for trespass.

    5.1. County Court transcripts supporting the Defendant's position will be adduced, and in all respects, the Beavis case is distinguished.

    6. The Claimant is put to strict proof that it has suf ficient proprietary interest in the land, or that it has the necessary authorisation from the landowner to issue pieces of paper that are not 'charge notices', and to pursue payment by means of litigation.

    6.1. It is suggested that this novel twist (unsupported by the Protection of Freedoms Act 2012, Schedule 4 - the 'POFA') of placing hybrid notes stating 'this is NOT a Parking Charge Notice' on cars, then ambushing the registered keeper with a premature postal NTK, well before the timeline set out in paragraph 8 of the POFA, is unlikely to have been in the contemplation of the Claimant's principal.

    6.2. It is averred that the landowner contract, if there is one that was in existence at the material time, is likely to define and provide that the Claimant can issue 'parking charge notices' (or CNs) to cars - following the procedure set out in paragraph 8 of the POFA - or alternatively, postal PCNs where there was no opportunity to serve a CN (e.g. in non-manned ANPR camera car parks, and as set out in paragraph 9 of the POFA). The Claimant is put to strict proof of its authority to issue hybrid non-CNs, which are neither one thing nor the other, and create no certainty of contract or charge whatsoever.

    7. The POFA, at Section 4(5) states that the maximum sum that may be recovered from the keeper is the charge stated on the Notice to Keeper, in this case £100. The claim includes an additional £60, for which no calculation or explanation is given, and which appears to be an attempt at double recovery.

    8. In summary, it is the Defendant's position that the claim discloses no cause of action, is without merit, and has no real prospect of success. Accordingly, the Court is invited to strike out the claim of its own initiative, using its case management powers pursuant to CPR 3.4.


    Would this be sufficient as a Draft order or WS?
    • Coupon-mad
    • By Coupon-mad 16th May 19, 3:17 PM
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    Coupon-mad
    Neither.

    You need to read specific SET ASIDE threads. One search needed for those words!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
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    • The Deep
    • By The Deep 16th May 19, 3:18 PM
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    The Deep
    Nine times out of ten these tickets are scams and will fail in court if properly defended, so complain to your MP.

    Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

    Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

    http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

    Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.
    You never know how far you can go until you go too far.
    • Crebag
    • By Crebag 16th May 19, 4:07 PM
    • 16 Posts
    • 6 Thanks
    Crebag
    Sorry for being a pain C-M I know it must be frustrating having to point us newbies in the right direction all the time, I really, really appreciate your help. I think ive found it now? (please god) lol

    DRAFT ORDER

    IN THE COUNTY COURT AT: xxxxxx

    CIVIL ENFORCEMENT LIMITED (Claimant)

    And

    MR ---- (Defendant)

    CLAIM No: ---

    IT IS ORDERED that:

    1. The default judgment dated -01/04/201 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 and preparing for the hearing.

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

    WITNESS STATEMENT

    7. I am ----- and I am the defendant in this matter. This is my supporting statement to my application dated --/05/2019 requesting to:

    a. Set aside the default judgment dated 01/04/2019 as no correspondence was received and I was not the driver on the day of the alleged offence

    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 on the basis that the Defendant has a reasonable defence, or to be re-heard at a new hearing.

    1 SET ASIDE DEFAULT JUDGMENT

    1.1. I was the registered keeper of the vehicle at the time of the alleged offence. The claim apparently relates to an alleged debt arising from parking in a private car park.

    1.3. I understand that the claimant obtained a default judgment against me as the Defendant on --1/04/2019. However, the claim form was not served at the Defendant’s current address and was never received.

    .

    1.4 The Defendant not aware of the default judgment until 14/05/19 when they were informed of something on their credit report as part of mortgage checks for renewing their mortgage. On further investigation the Defendant found a CCJ on their credit record from County Court Business Centre. On telephoning the County Court Business Centre for further information, the Defendant was informed that this CCJ related to a parking charge for a private car park, issued by Vehicle control services ltd (the Claimant) for an alleged contravention on --/03/2018.



    1.5. On 14/05/19 the Defendant contacted the Court a second time to request further details of the Default Judgement. The Particulars of Claim only give ‘Claim for monies relating to a parking charge for parking in a private car park managed by the Claimant in breach of the terms and conditions’ as the reason for the Claim. In support, details the court had emailed to the Defendant have been provided. (Annex C)

    1.6. The Defendant has never received any previous correspondence from the Claimant in this matter, therefore they were never able to challenge the original charge nor the judgment. Further, the Defendant puts the Claimant to strict proof that they did post such communications to the Defendant’s address.



    1.7 Furthermore, Prime Minister May publicly pledged to investigate ‘abuse’ of the CCJ System and so called ‘Credit Clamping’ as reported in the Daily Mail article dated 12 September 2016 (Annex D). The Right Honourable Sir Oliver Heald QC MP on 23 December 2016 announced a crackdown on unresolved debts which can damage people’s credit ratings without them knowing. The action comes after concerns were raised that companies were issuing claims to consumers using incorrect addresses. The Minister added:

    "It cannot be right that people who are unaware of debts can see their lives and finances ruined by county court judgments. That in the digital age, we must ensure companies pursuing unpaid debts make every reasonable effort to contact individuals, rather than simply relying on a letter to an address.”


    .

    . A further reason to set aside the claim is that if the claim form was received and the Defendant was given sufficient details about the claim against them, it was more likely than not that the Defendant would have defended the claim and/or satisfied the outstanding debt, however the Defendant was not given this chance. In the Court of Appeal case Godwin v Swindon Borough Council [2001] EWCA Civ 1478 LJ May said the following:
    “Rule 13.3 (1) (b) has a disjunctive alternative, so that the court may set aside or vary judgement entered in default if it appears to the court that there is some other good reason why the judgement should be set aside or varied or the Defendant should be allowed to defend the claim. In my view, this is plainly extendable to circumstances where the Defendant has not received the claim form and particulars of claim before judgement was entered against him. It is not an absolute right, but does not have to depend on the Defendant having a real prospect of successfully defending the claim. The Court therefore has sufficient power to do justice in these cases and will, no doubt, normally exercise this discretion in favour of a Defendant who establishes that he had no knowledge of the claim before judgement in default was entered unless it is pointless to do so. The Defendant, for instance, may justifiably want to have the judgment set aside on the basis that, had he known about the claim, he would have satisfied it immediately without having an embarrassing judgement recorded against him.”

    1.15. In summary, the Defendant has acted promptly when they found out about the judgement. The Defendant has explained why they did not respond to the claim issued. The Defendant believes that service of the claim form was invalid, and that there is also a real prospect of defending the claim (please see paragraphs 2.1-2.9 below). The prejudice The Defendant would suffer by not being allowed to defend this claim greatly exceeds the prejudice to the Claimant if the judgement is set aside. For these reasons, the Defendant respectfully asks the Court to set aside the judgement under CPR part 13.

    2. ORDER DISMISSING THE CLAIM

    2.1 The Defendant believes that the original parking charge notice has no merit and should thus be dismissed. The Claimant is a parking company which seeks to claim for parking charge notices which the Claimant believes are due as a result of an alleged breach of contract for parking by a driver.

    2.2. The Claimant has obtained details of the vehicle for which the Defendant was the registered keeper and used those details to raise a parking charge notice. The Defendant disputes this charge in its entirety as the Defendant does not know the wording of the contract nor do they know the means by which the contract was alleged to have come into force.

    2.3. If the Claimant can evidence that the alleged incident relates to the vehicle ---- any notice to keeper issued by the claimant must comply with Schedule 4 of the Protection of Freedoms Act 2012. Otherwise, the Claimant is required to prove the driver of the vehicle they claim was involved in the alleged incident. The Defendant submits that the Claimant cannot provide such evidence and further submits that the parking charge notice issued by the Claimant is not PoFA 2012 compliant, and therefore the Claimant cannot hold the registered keeper of the vehicle automatically liable.

    2.4. A requirement of the Protection of Freedoms Act 2012 is that any notice to keeper must be served within 14 days of the date of the alleged incident. Since the Defendant has not received any documentation, the Defendant submits the Claimant has not complied with the requirements of the Act and thus cannot claim this charge against the Defendant as the registered keeper.

    2.5 . Furthermore, as the alleged contravention occurred almost a year ago, the Defendant is unable to confirm or deny visiting the stated car park on the specified date, nor confirm the driver (there was more than one person insured to drive the vehicle ----). The Defendant is therefore unable to name the driver, as well as being under no obligation in law as keeper to do so. This was confirmed by the POPLA Annual Report 2015 by parking expert barrister and Lead Adjudicator, Henry Greenslade, who also clarified the fact that the registered keeper can only be held liable under the PoFA Schedule 4 and not by presumption or any other legal argument.

    2.6. The Defendant further submits that the parking charge notice is without merit due to substantial issues in law. This is for the following reasons:

    a. Lack of Standing by Claimant: The Claimant is not the landowner of the car park in question and will have no proprietary interest in it. This means that the claimant, as a matter of law, will have no locus standi to litigate in their own name. Any consideration will have been provided by the landholder and only they would have been able claim for any damages or trespass.

    b. No Contract with the Claimant: Any contract must have offer, acceptance, and consideration both ways. There would not have been consideration from the Claimant to the driver; the fee for parking benefits the landowners, not the Claimant. Therefore, there is no consideration from the driver to Civil Enforcement Ltd.

    2.7. In order to make informed decisions and statements in defence as former keeper of the vehicle, the Defendant will require copies of all paperwork and pictures of all signs from the Claimant. These have been requested on 15/05/19 via email, but as yet the Defendant has not had a reply or any acknowledgement of this correspondence.



    2.8. On this basis the Defendant believes that the claimant has not provided any reasonable cause of action and thus the claim should be dismissed in its entirety.

    Statement of Truth:

    I believe that the facts stated in this Witness Statement are true.
    Full name: ---
    Dated 10/05/19
    Signed
    • Coupon-mad
    • By Coupon-mad 16th May 19, 4:27 PM
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    Coupon-mad
    Boom!

    That's the right format, yes. Albeit the DRAFT ORDER should be on a separate sheet of paper IMHO or it looks unclear as to what it is. Hope you understand to leave these dates (day & month) blank, for the Judge to put in:
    XX/XX/2019.
    I haven't checked it for relevance, that's for you to do (i.e. change the facts to suit, about why you didn't get to see the N1 claim).

    And change the date at the bottom to be the actual date you sign it.
    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
    • Crebag
    • By Crebag 16th May 19, 4:39 PM
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    Crebag
    Brill, thanks so for that, so should I leave ALL dates blank including date I noticed ccj etc? I will print Draft order separate, your 24kt mate. Appreciate the time you spend answering me. One last thing, where should the completed N244 forms and WS/DO be sent to?
    Last edited by Crebag; 16-05-2019 at 5:26 PM. Reason: added a little more info
    • Coupon-mad
    • By Coupon-mad 16th May 19, 5:31 PM
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    Coupon-mad
    so should I leave ALL dates blank including date I noticed ccj etc?
    Obviously not. I wasn't talking about your WS.

    Think about what a Draft Order is...what is its intention, as far as you can see?

    where should the completed N244 forms and WS/DO be sent to?
    Your nearest court that hears small claims.
    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
    • Crebag
    • By Crebag 16th May 19, 5:40 PM
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    Crebag
    As I see it The draft order is the outcome which is preferred by the defendant? My main concern is just asking for the CCJ to be Set aside, is it not pushing it a bit asking for money from them (vcs)?
    • Coupon-mad
    • By Coupon-mad 16th May 19, 5:52 PM
    • 72,292 Posts
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    Coupon-mad
    is it not pushing it a bit asking for money from them (vcs)?
    No!

    The fact is, VCS have ruined the credit rating of a person who wasn't the driver, and who cannot be held liable in law at all, and VCS have not complied with the POFA requirements to hold you liable.

    Have you found out:

    - the claim number (surely you need that for the set aside application?)

    and

    -the reason for this PCN?

    and

    - the car park involved? We need to know that to help you know what the defence position is.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
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    • Crebag
    • By Crebag 16th May 19, 6:14 PM
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    Crebag
    I have the claim number, The car park involved was The Lowry Salford Quays ran by VCS, the signage says "No Parking Loading/Unloading only".
    "BY entering this private land you are entering into a contract with Vehicle control services ltd. Do not remain on this land unless you fully understand and fully agree to the contractual terms and conds. stated on this sign, if you breah the T&C you agree to pay the parking charge stated below"
    It also states CCTV/ANPR is in use so surely if they have this then that's there proof a female was driving? .

    I will ring the court and ask about reason for PCN in the morning.
    • Coupon-mad
    • By Coupon-mad 16th May 19, 7:23 PM
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    Coupon-mad
    It also states CCTV/ANPR is in use so surely if they have this then that's there proof a female was driving? .
    Nope, because VCS don't use CCTV, and ANPR is what it says on the tin - number plate recognition, not facial recognition, but it might just about show the driver was female.

    This is the third parking firm you've mentioned on this thread and only one is right:
    CIVIL ENFORCEMENT LIMITED (Claimant)
    Spend the weekend checking the details, no rushing to submit it tomorrow.

    Do it on Monday once you feel fully informed from your research. For a start you need to remove a lot of words that make no sense for your case, given that the PCN & the subsequent claim N1 wasn't sent to the wrong address, was it?:
    1.7 Furthermore, Prime Minister May publicly pledged to investigate ‘abuse’ of the CCJ System and so called ‘Credit Clamping’ as reported in the Daily Mail article dated 12 September 2016 (Annex D). The Right Honourable Sir Oliver Heald QC MP on 23 December 2016 announced a crackdown on unresolved debts which can damage people’s credit ratings without them knowing. The action comes after concerns were raised that companies were issuing claims to consumers using incorrect addresses. The Minister added:

    "It cannot be right that people who are unaware of debts can see their lives and finances ruined by county court judgments. That in the digital age, we must ensure companies pursuing unpaid debts make every reasonable effort to contact individuals, rather than simply relying on a letter to an 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
    • Crebag
    • By Crebag 16th May 19, 7:35 PM
    • 16 Posts
    • 6 Thanks
    Crebag
    Yes I know theres a few mistakes as it was a copy and paste job in the main, I will edit it carefully and run it by you over the weekend if that's ok.
    The firm is definitely VCS. I feel the reason I'm rushing is the fact I read the quicker you apply for set aside the better it looks. But your right I will go through it with a tooth comb, get it right 1st time round. What in your experience are the chances of winning this case?

    Spoke with courts today, Reason the courts said they have was simply a "parking contravention at turning circle/taxi drop Salford quays" 2018.
    .
    Last edited by Crebag; 17-05-2019 at 10:21 AM.
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