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Unknown CCJ after PCN for flipped ticket
2toneHenry
post Thu, 12 Oct 2017 - 10:51
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Hi all i'm looking for some advice on an unusual situation i appear to be in.

In Febuary of this year i recieved a PCN. dispite paying for a ticket and displaying correctly when i returned to th car my ticket was upside down on the dash and PCN attached to my windscreen with a charge for £100.

I apppealed the charge as i had a similar instance previously in another car park and upon appealing and supplying evidence of the ticket to popla the charge was dropped.

In this case I appealed in writing to the parking opperator and heard nothing back, a couple of months later i called the parking opperater to check that the appeal had been succesful, they told me it had been rejected, i gave them my email and they emailed me a copy of the rejection letter. The letter had my house number missing from the address so i can only assume it was lost in the post, when i checked my original appeal lettter to them i noticed that i had made a typo and missed off my house number, so i'ts understandable why they had the wrong address.

At this stage the deadline had passed for me to appeal via their independant service

I was advised to ignore them unless i recieved a letter from the courts in which case i would have a strong defence given that i still have the ticket which has my number plate on.

Yesterday i recieved a notice of Debt recovery from Baliff stating that i owe £261.67 in relation to a county court judgement, with a further fee of £75 + VAT for admin and recovery totaling £350. This letter was also missing my house number and only got to me because either the postman or a neighbour had scribbled my correct address on the envelope.

It seems like i may have a case for a set aside, and i have the N244 form, since recieving the letter i've contacted the Balifs to notify them that i havn't recieved any other correspondance and to inform them that this is currently in dispute. I've Also contacted the county court business centre who sent me a copy of the judgement of claim, which was also sent to my adress missing the house number, i informed them i hadn't recieved any correspondance and gave them my correct address.

Does anyone have any experience of set asides? how likely is it that my application would be accepted? (i still have my original parking ticket)

any advice would be much appreciated, many thanks.

forgot to mention i've also contacted the DVLA to see if the parking company requested my correct details at any point, but the auto response said it could take up to 40 days for this info, and i'd like to get this sorted ASAP

This post has been edited by 2toneHenry: Thu, 12 Oct 2017 - 11:38
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post Thu, 12 Oct 2017 - 10:51
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kommando
post Thu, 12 Oct 2017 - 11:31
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Edit your post to remove any inference of the drivers identity, one of the keepers defences will be failure to meet the requirements for keeper liability so only the driver can be pursued.

A wrong address is suitable for a set aside, you also need to include a viable defence which will include lack of keeper liability.
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Tipthemout
post Thu, 12 Oct 2017 - 11:41
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Wait for someone more experienced to reply, but I would say your chances of a set aside are extremely good. Since an incorrect address was used for the court documents, this should be relatively straightforward. Warch out for.the bailiffs in the meantime though, they will not stop until a judge says so. Particularly, be careful not to let them get at your car.

Did you supply the PPC with your correct address? If so, was this before court proceedings commenced?

EDIT: My slow typing crossed with the above.

This post has been edited by Tipthemout: Thu, 12 Oct 2017 - 11:43
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ostell
post Thu, 12 Oct 2017 - 11:51
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Your argument with the bailiffs, if they come back, will be that the required notice has not been give, cannot be given unless it goes back to court for a correction.
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2toneHenry
post Thu, 12 Oct 2017 - 11:58
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Thank you both for your quick reply

According to the County court there is currently no enorcement warrent against the judgment as of Tuesday, but ofcourse this could change anytime which is why i'm keen to sort this out ASAP. Balifs also stated that there would be a second letter before any further action, however since i've not been recieving the letters i can't be too careful.

With regards to my address, my original adress i made a typo when sending my appeal which i didn't realise until recenty. The address was correct but missing the house number which is why i have recieved no correspondance, it's understandable why they have been using the adress, however it was an honest mistake on my part, i would hope that the fact that the rest of the adress is correct would show that there was no deliberate attempt to mislead, and i have contacted the court to correct this since learning of the CCJ.
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WR17
post Thu, 12 Oct 2017 - 12:08
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Have you gone online and acknowledged the service?
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2toneHenry
post Thu, 12 Oct 2017 - 12:11
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Really sorry i'm not sure what you mean by service. Just to clarrify the i had recieved no letters realting to claim against me so a default CCJ was issued. It only came to my attention when a neighbour passed on a letter from debt collectors which didn't have my house number on.
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WR17
post Thu, 12 Oct 2017 - 12:18
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QUOTE (2toneHenry @ Thu, 12 Oct 2017 - 13:11) *
Really sorry i'm not sure what you mean by service. Just to clarrify the i had recieved no letters realting to claim against me so a default CCJ was issued. It only came to my attention when a neighbour passed on a letter from debt collectors which didn't have my house number on.


So I take it its not a county court claim letter offering you to pay or appeal.

I think it's best if you wait for someone more experienced to advise you as I'm not sure how you would go about appealing a judgement
made against you. You obviously didn't receive the claim form so I guess that's something to start with.
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ostell
post Thu, 12 Oct 2017 - 12:42
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WR17: The OP already has a CCJ against him because he was unable to respond to a claim because of an addressing error. He is working to get that claim set aside.

Have you still got the original documentation? Has the driver been identified at all (yes or no).

This post has been edited by ostell: Thu, 12 Oct 2017 - 12:44
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2toneHenry
post Thu, 12 Oct 2017 - 13:23
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Hi Ostell

I still have copies of all original documentation, which specifically are you interested in? While there's been no formal identification, i guess the fact that i sent an appeal directly to the parking opperator identifies me as the driver?
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ostell
post Thu, 12 Oct 2017 - 15:52
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QUOTE (2toneHenry @ Thu, 12 Oct 2017 - 14:23) *
Hi Ostell

I still have copies of all original documentation, which specifically are you interested in? While there's been no formal identification, i guess the fact that i sent an appeal directly to the parking opperator identifies me as the driver?


I was interested in the NTK, windscreen ticket and the appeal you sent in. The appeal direct to the operator does not identify you, per se, does not identify you as the driver. You were handed the windscreen ticlet by the driver and you appealed as the keeper. Happens often
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2toneHenry
post Thu, 12 Oct 2017 - 16:03
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PCN, ticket and appeal attached. I've taken out all address details and dates form the appeal, with hindsight i realise the appeal could have been better researched

This post has been edited by 2toneHenry: Thu, 12 Oct 2017 - 20:58
Attached File(s)
Attached File  PCN_and_ticket.pdf ( 692.91K ) Number of downloads: 10
 
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2toneHenry
post Thu, 12 Oct 2017 - 16:29
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here's the appeal, unfortunately i've had to remove images of the signage to get the file size down. On another note the images of my car and ticket used as evidence in the rejection letter i recieved from the opperator with such low quality its impossible to establish whether the ticket was clearly displayed or not.
Attached File(s)
Attached File  parking_appeal_eastside_redacted_no_images.pdf ( 68.93K ) Number of downloads: 19
 
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kommando
post Thu, 12 Oct 2017 - 18:01
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You have left identifying numbers on the bottom of the PCN, remove the attachment and repost when properly cleaned.

The appeal outed the driver sadly, but at least you know for next time.
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2toneHenry
post Thu, 12 Oct 2017 - 20:59
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Thanks Kommando, attachment now edited
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nosferatu1001
post Sat, 14 Oct 2017 - 17:41
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Set aside - you will need to pay £255 to get this done, contested set aside

They did not serve the court papers so this should be automatic.

You need to show you were THERE TO BE FOUND ie on council tax, electoral roll, utilities bills etc at the address of the time. The claimant failed to use reasonable care once it was indicated that the address wasn’t correct ie no response at all

You should for safety also put together a defence. One side of a4 paper only. Legal arguments why not liable ie flipped ticket, amount is a clear penalty with NO commercial justification etc.
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