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CCJ - Gemini Parking, HELP!!
Trixie2
post Fri, 22 Sep 2017 - 15:09
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Hello all and thanks in advance for your help here.

I was recently turned down for a credit card, which really surprised me as I know I have a good credit rating. When I got home I looked at my credit file and to my horror someone had taken out a CCJ against me, at my old address.

After a lot of digging it turns out it's a PPC. The ticket was received in January 2016 by Gemini Parking. I remember the day - the machine would not accept the driver's coins and when the button for help was pressed no one answered. No choice but to leave the premises and a couple of weeks later a ticket arrived in the post to me as the registered keeper. I was so busy with an incredibly stressful house move that kept almost falling through at the last minute, that I thought I'd appeal later. I forgot.

We eventually completed and on March 1st 2016 we moved house. We had a redirection on our post for a few weeks - plus I updated my details with the DVLA.

Now fast forward to today and I find out indirectly that in January 2017 they went to court in Northampton and got a CCJ completely without my knowledge. The court said the mail was never sent back to them - not much I can do about that as I don't know the new owners.

They said I can either pay the debt and the CCJ will remain on file for 6 years, or I can pay £255 to apply to have it set aside. Problem with that is, the judge might not find in my favour and then I still have to pay £260 for the debt.

What on earth do I do?? Should they have attempted to double check my address when they went to court?

Any help will be greatly appreciated.

Thanks.

This post has been edited by Trixie2: Thu, 28 Sep 2017 - 12:44
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post Fri, 22 Sep 2017 - 15:09
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Trixie2
post Thu, 12 Jul 2018 - 07:19
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Morning. Quick question - if the hearing goes ahead and the judge rules in my favour, do I mention the notice of discontinuance?
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ostell
post Thu, 12 Jul 2018 - 07:43
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I would say no as that would excuse the non appearance. The non appearance on it's own should be sufficient for the unreasonableness. If it has been received by the court and acted on by the court and the hearing vacated you must ask for a costs hearing, as already suggested, and then show the discontinuance notice the day before.

On the other hand they could be playing dirty and not sent it to the court. In that case if they do turn up then show the judge that they have attempted to pervert the action by trying to persuade you not to appear.
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Trixie2
post Thu, 12 Jul 2018 - 08:32
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As I walked in they said 'it's been settled'. I've asked to see the judge anyway and they said they'll let him know I'm here.
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emanresu
post Thu, 12 Jul 2018 - 08:39
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You'll need to direct the judge to the Civil Procedure Rules - Part 38

QUOTE
When discontinuance takes effect where permission of the court is not needed
38.5

(1) Discontinuance against any defendant takes effect on the date when notice of discontinuance is served on him under rule 38.3(1).

(2) Subject to rule 38.4, the proceedings are brought to an end as against him on that date.

(3) However, this does not affect proceedings to deal with any question of costs.

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Liability for costs
38.6

(1) Unless the court orders otherwise, a claimant who discontinues is liable for the costs which a defendant against whom the claimant discontinues incurred on or before the date on which notice of discontinuance was served on the defendant.

(2) If proceedings are only partly discontinued –

(a) the claimant is liable under paragraph (1) for costs relating only to the part of the proceedings which he is discontinuing; and

(b) unless the court orders otherwise, the costs which the claimant is liable to pay must not be assessed until the conclusion of the rest of the proceedings.

(3) This rule does not apply to claims allocated to the small claims track.

(Rule 44.9 provides for the basis of assessment where the right to costs arises on discontinuance and contains provisions about when a costs order is deemed to have been made and applying for an order under section 194(3) of the Legal Services Act 2007)



Though 38.6 (3) is key here, you should suggest that taking people up to wire is an abuse of process and is unreasonable in itself. The court has had £50 out of this (£25 hearing and £25 filing) but you've been left with the cost of taking time off work / holiday as you could not be certain the case HAD been discontinued against you.


--------------------
Where there is a claim - there is a counterclaim.
Are Parking companies misusing your personal data or interfering with your lease? Counterclaims are only £25. Makes them sit up and take notice. For leaseholds, join in the Managing agents too. Since the purpose of these claims is to frighten you, give them something to be frightened of.
Subject Access Requests to the DVLA?Find out who accessed your data and when. Try SubjectAccess.Requests@dvla.gsi.gov.uk. [Apologies if it does not work]
Double Dip / ANPR FaultsThe BPA Report on ANPR Double Dips is here. Ideal case for a counterclaim (see above).
Daily Court List. See who is doing what and where here
Printing and posting Witness Statements. Easy and cheap way DoxDirect
What is court like. A District Judge's view
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Trixie2
post Thu, 12 Jul 2018 - 09:33
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£659 costs!!!!! Will update later. Just on my way back now.

Thank you thank you thank you everyone! How do I donate?
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Redivi
post Thu, 12 Jul 2018 - 09:36
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Brilliant result
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emanresu
post Thu, 12 Jul 2018 - 09:45
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QUOTE
£659 costs!!!!! Will update later. Just on my way back now.

Thank you thank you thank you everyone! How do I donate?


You'll need to wait 21 days in case they decide to appeal the decision. So put the champers in a large bucket of ice - 22 days worth


--------------------
Where there is a claim - there is a counterclaim.
Are Parking companies misusing your personal data or interfering with your lease? Counterclaims are only £25. Makes them sit up and take notice. For leaseholds, join in the Managing agents too. Since the purpose of these claims is to frighten you, give them something to be frightened of.
Subject Access Requests to the DVLA?Find out who accessed your data and when. Try SubjectAccess.Requests@dvla.gsi.gov.uk. [Apologies if it does not work]
Double Dip / ANPR FaultsThe BPA Report on ANPR Double Dips is here. Ideal case for a counterclaim (see above).
Daily Court List. See who is doing what and where here
Printing and posting Witness Statements. Easy and cheap way DoxDirect
What is court like. A District Judge's view
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nosferatu1001
post Thu, 12 Jul 2018 - 10:30
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Congrats!

When you get the chance PLEASE give us a full report including claim number and judges name

I imagine they will not be happy, but an appeal will be a struggle for them. You might actually get an increased award as it would have a chance of pi**ing off the judge!
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Jlc
post Thu, 12 Jul 2018 - 10:51
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QUOTE (Trixie2 @ Thu, 12 Jul 2018 - 10:33) *
How do I donate?

Here.

QUOTE (Trixie2 @ Wed, 11 Jul 2018 - 10:11) *
So I just got this e mail:

Dear xxx

We act for the Claimant.

Please find attached our Client’s Notice of Discontinuance that has been filed at the Court.

This matter is now concluded.

Yours Faithfully
Amber

...it is now wink.gif

I would be tempted to update them.


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information

Private Parking - remember, they just want your money and will say almost anything to get it.
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ManxRed
post Thu, 12 Jul 2018 - 10:53
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This almost makes up for last night! *








* Not really. sad.gif

Well done though!!


--------------------
Sometimes I use big words I don't understand in an effort to make myself sound more photosynthesis.
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kommando
post Thu, 12 Jul 2018 - 11:20
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Well done, good result and persistence in the face of adversity pays off
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Trixie2
post Thu, 12 Jul 2018 - 12:08
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Post removed.

This post has been edited by Trixie2: Thu, 12 Jul 2018 - 12:14
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emanresu
post Thu, 12 Jul 2018 - 12:12
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You might want to edit your comments as there may be an appeal. Especially since you have identified your case.

In fact you might want to remove them for 21 days


--------------------
Where there is a claim - there is a counterclaim.
Are Parking companies misusing your personal data or interfering with your lease? Counterclaims are only £25. Makes them sit up and take notice. For leaseholds, join in the Managing agents too. Since the purpose of these claims is to frighten you, give them something to be frightened of.
Subject Access Requests to the DVLA?Find out who accessed your data and when. Try SubjectAccess.Requests@dvla.gsi.gov.uk. [Apologies if it does not work]
Double Dip / ANPR FaultsThe BPA Report on ANPR Double Dips is here. Ideal case for a counterclaim (see above).
Daily Court List. See who is doing what and where here
Printing and posting Witness Statements. Easy and cheap way DoxDirect
What is court like. A District Judge's view
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Trixie2
post Thu, 12 Jul 2018 - 12:15
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QUOTE (emanresu @ Thu, 12 Jul 2018 - 13:12) *
You might want to edit your comments as there may be an appeal. Especially since you have identified your case.

In fact you might want to remove them for 21 days

Removed post. A PP asked for the case number, which is why I posted it. Fingers crossed there's no appeal.
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nosferatu1001
post Thu, 12 Jul 2018 - 12:35
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SOrry, forgot the appeal! My bad!

A report saying how the costs hearing went could not hurt, surely? PLus a breakdown of the calcualtion.

Im pretty sure the earlier posts would identify in any case. The letter sent to them and the discontinuance straight after, for example. I wouldnt panic too much. I would suggest they are fools if they appeal.

This post has been edited by nosferatu1001: Thu, 12 Jul 2018 - 12:36
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SchoolRunMum
post Thu, 12 Jul 2018 - 14:03
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Well done!!

If we have to wait till August to read the costs hearing court report (claim Number, court location and Judge's name) sobeit, we can be on tenterhooks!
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Trixie2
post Thu, 12 Jul 2018 - 21:17
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Donation made. Thank you all again. I'll update on costs once it's paid.
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