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UKPC - CCJ for £3k+
rennes99
Posts: 76 Forumite
Hi all
I have found myself in an extremely concerning situation which I would like some brief advice on, for how best to proceed.
I have read the Newbies thread and found a small portion about setting aside already registered CCJs, however not for this amount and not during this pressing timescale.
In short, I have only today discovered a CCJ registered against me (visible on my CRA reports) by UKPC (confirmed after ringing the courts,) for an amount exceeding £3k, for multiple parking charges (15+) issued on a vehicle for which I am the RK.
These were issued over a period of several months in 2017, for being "Parked in a permit area without displaying a valid permit." The permit area is a residential parking area outside a block of flats - the car was registered as being kept at this residential address during this time, and the RK and named drivers were private tenants of an flat at this address, at the time each of the charges were issued.
As the RK I appealed to the PPC directly for the first several charges, stating that there was assurance given by Estate Agent that dealt with the tenancy, at the time of embarking on the AST, that the car was able to be parked by the driver in the shared area, as a legitimate tenant. These were all rejected.
Several attempts were made to find out how to, and then obtain, a permit from UKPC at the time, to which no response was ever given.
I, the RK, received several further PCNs, but these were ignored due to the difficulties outlined above.
Having moved out of this address 24 months ago, and having changed the registered address of the vehicle with the DVLA and also Electoral Roll information at the same time, to the new address, I received nothing further pertaining to charges on this vehicle.
However in the last few days, and appearing on my CRA report today - a CCJ has been registered (the date of judgment being only a few days ago.)
I have (had) excellent credit scores, and was due to begin the application for a first mortgage in 6 months time.
I was like to have this set aside, as I was clearly not served any information and given any opportunity to defend this, as UKPC made no attempts to trace and contact me at the new address to state their intentions... it should never have got this far. I am however very concerned that the timescale and expense to go through this process will interfere with the above plans. I could pay it to make it go away and avoid the CCJ sticking, but this would largely wipe out my savings to date (having just become debt free 2 months ago and having savings for the first time in years) and I also feel that the charges are completely unjust.
Any thoughts would be of great help
I have found myself in an extremely concerning situation which I would like some brief advice on, for how best to proceed.
I have read the Newbies thread and found a small portion about setting aside already registered CCJs, however not for this amount and not during this pressing timescale.
In short, I have only today discovered a CCJ registered against me (visible on my CRA reports) by UKPC (confirmed after ringing the courts,) for an amount exceeding £3k, for multiple parking charges (15+) issued on a vehicle for which I am the RK.
These were issued over a period of several months in 2017, for being "Parked in a permit area without displaying a valid permit." The permit area is a residential parking area outside a block of flats - the car was registered as being kept at this residential address during this time, and the RK and named drivers were private tenants of an flat at this address, at the time each of the charges were issued.
As the RK I appealed to the PPC directly for the first several charges, stating that there was assurance given by Estate Agent that dealt with the tenancy, at the time of embarking on the AST, that the car was able to be parked by the driver in the shared area, as a legitimate tenant. These were all rejected.
Several attempts were made to find out how to, and then obtain, a permit from UKPC at the time, to which no response was ever given.
I, the RK, received several further PCNs, but these were ignored due to the difficulties outlined above.
Having moved out of this address 24 months ago, and having changed the registered address of the vehicle with the DVLA and also Electoral Roll information at the same time, to the new address, I received nothing further pertaining to charges on this vehicle.
However in the last few days, and appearing on my CRA report today - a CCJ has been registered (the date of judgment being only a few days ago.)
I have (had) excellent credit scores, and was due to begin the application for a first mortgage in 6 months time.
I was like to have this set aside, as I was clearly not served any information and given any opportunity to defend this, as UKPC made no attempts to trace and contact me at the new address to state their intentions... it should never have got this far. I am however very concerned that the timescale and expense to go through this process will interfere with the above plans. I could pay it to make it go away and avoid the CCJ sticking, but this would largely wipe out my savings to date (having just become debt free 2 months ago and having savings for the first time in years) and I also feel that the charges are completely unjust.
Any thoughts would be of great help
0
Comments
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Absolutely essential: do you have access to your tenancy agreement from that property?From the Plain Language Commission:
"The BPA has surely become one of the most socially dangerous organisations in the UK"0 -
The value is fairly unimportant at this stage. Having read about set asides you need to follow the process the same regardless of the high value.
This still falls in the small claim bracket so is no different to any other.0 -
I have a copy of the AST but tehre is no mention either way of any parking0
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Good , that means it's silent about parking and so the lease trump's the PPC contract0
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Thank you Redx - in layman's terms what does the fact that the lease trumps the PPC contract mean for me?0
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As Redx says above.
Changing your V5 address is correct but UKPC would not been notified, that is up to you.
However, with no response from you over 2 years should have raised a query with UKPC ??? it should, but they do not care ... but the solicitor who took this to court, probably SCSLaw who has not applied due care and attention to locate you which they can do, especially via the Electoral Roll.
You must apply now to get this set aside. It will cost £255 which is returned once a set aside is successful
What is said in your lease is vital about parking.
YOU MUST ACT NOW0 -
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Thank you very much beamerguy - as above, there is nothing whatsoever about parking in my AST document, only from the estate agent at the time (which seemed to make sense.)
Is a set aside likely, and would I have a valid defence against UKPC/SCS based on my info? I simply cannot afford to have a CCJ against me, ... hence wondering whether it would be better to save on months of worry and just pay is before the 1 month period... even though I don't think I should owe this money (£160 per charge!!!)0 -
Thank you very much beamerguy - as above, there is nothing whatsoever about parking in my AST document, only from the estate agent at the time (which seemed to make sense.)
Is a set aside likely, and would I have a valid defence against UKPC/SCS based on my info? I simply cannot afford to have a CCJ against me, ... hence wondering whether it would be better to save on months of worry and just pay is before the 1 month period... even though I don't think I should owe this money (£160 per charge!!!)
Now there is a clue .... £160 per charge ????
The extra £60 is a fake add-on from SCSLaw. This is blatant ABUSE OF PROCESS which the courts do not allow.
How did they allow it in your case ? well you were not in court so it was a default
ABUSE OF PROCESS
https://forums.moneysavingexpert.com/showthread.php?t=6014081
SCSLaw are scamming you and a court should know this.
NO, do not pay the scam amount, go for set aside and I'm certain it will be.
Others will be along to advise, follow what they say.0 -
Thank you beamerguy - it sounds very much as though there are several issues to go at here - namely:
1. Terms that vary the lease have been imposed unilaterally and without me consent
2. The claim documents were not served, thus I had no opportunity to defend the case
3. There is a clear abuse of process, evidenced by the additional £60 per charge
Do I have good grounds to risk an application to set aside, thus allowing the 30 day period to pay the CCJ and not have it registered, to pass?
One thing I would say is that signage at the parking area in question, and also a late/non payment paragraph on the reverse of the windscreen PCN, state failure to pay after 28 days may result in UKPC instructing a DRA to recover the amount due - an additional charge of £60 will apply in accordance with the terms of conditions of parking?0
This discussion has been closed.
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