3. CCJ for private parking charge registered to my old address
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b789

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Re: CCJ for private parking charge registered to my old address
« Reply #15 on: October 25, 2024, 04:59:04 pm »
It really doesn't matter at this stage. The claim was never acknowledged or even served to the defendants address at the time.

UKPC are a vexatious pack of vermin that prey on motorists with their borderline lawful PCNs and will not hesitate to take advantage of their bulk litigation friends suggestions that they seek default CCJs wherever possible.

We already know that in over 99% of cases, they will discontinue any claim if it is defended.
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utahraptor

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Re: CCJ for private parking charge registered to my old address
« Reply #16 on: October 25, 2024, 04:59:25 pm »
Ok thank you, should I do that before getting those letters off to the court or all at the same time? Probably a stupid question but I've fallen foul of assuming legal processes I  the past!
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b789

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Re: CCJ for private parking charge registered to my old address
« Reply #17 on: October 25, 2024, 05:03:59 pm »
You do not want an SAR. You should be able to plead a defence based solely on the PoC. If they are deficient, which we know they are, then that is pointed out to the court in your defence.

You do not want to point out the claimants failure to fully comply with CPR 16.4 and then go on to fully plead a defence on detail that should have been provided at the time of the claim. If the claim is not struck out, you want to have the claimant ordered to submit a fully particularised claim and then be given the opportunity to plead a valid defence in response.
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utahraptor

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Re: CCJ for private parking charge registered to my old address
« Reply #18 on: October 25, 2024, 05:05:38 pm »
OK I'm with you, thanks again.
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utahraptor

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Re: CCJ for private parking charge registered to my old address
« Reply #19 on: October 25, 2024, 05:29:57 pm »
Silly question probably again....but are all 20 pages of the tenancy agreement necessary? I have so far scanned in the ones that speak about my tenancy dates, and signatures etc. Do I really need all the other pages of terms and conditions etc? I can scan them if legally necessary, just seems a bit tedious!
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utahraptor

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Re: CCJ for private parking charge registered to my old address
« Reply #20 on: October 25, 2024, 06:26:50 pm »
I've sorted it and sent it off, thanks again for all your help.  :)
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utahraptor

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Re: CCJ for private parking charge registered to my old address
« Reply #21 on: October 28, 2024, 09:44:01 am »
Morning, just a quick update:

I have had a letter from UKPC's solicitors (QDR) asking if I can send them proof of my change of address in 2020, so that they can "Review the application with the claimant ahead of the hearing".

Should I give them this or is there any reason not to?

Thanks a lot!
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b789

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Re: CCJ for private parking charge registered to my old address
« Reply #22 on: October 28, 2024, 10:38:54 am »
What "proof" of change of address do you intend to provide them? An initial utility bill from after your move or a lease agreement or confirmation of a sale of property would do.

However, much more importantly, have you sent off the recommended letter and SWS and draft order?

What you have to extremely careful of is QDR offering to agree to the set aside and then discontinuing, leaving you out of pocket for the N244 application fee. You need to stay in this to be able to recoup your N244 fee.
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utahraptor

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Re: CCJ for private parking charge registered to my old address
« Reply #23 on: October 28, 2024, 10:46:17 am »
Quote from: b789 on October 28, 2024, 10:38:54 am
What "proof" of change of address do you intend to provide them? An initial utility bill from after your move or a lease agreement or confirmation of a sale of property would do.

However, much more importantly, have you sent off the recommended letter and SWS and draft order?

What you have to extremely careful of is QDR offering to agree to the set aside and then discontinuing, leaving you out of pocket for the N244 application fee. You need to stay in this to be able to recoup your N244 fee.

I have sent off the letter, SWS and draft order.

I was intending to send QDR the same copy of my tenancy agreement from 2020. I am sending you a PM.
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b789

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Re: CCJ for private parking charge registered to my old address
« Reply #24 on: October 28, 2024, 11:13:27 am »
Did you copy in QDR when you sent the SWS and draft order? If not, you need to copy in the claimants solicitor.

I'm just a bit surprised that UKPC are using QDR. They normally only tend to act as debt collectors. When you contacted the CNBC to find out the details of the CCJ, did they tell you who was acting for the claimant?

It is probably worth phoning the CNBC and asking them who was representing the claimant in the N1SDT claim? Also, whilst you have them on the phone, ask them to email you the Particulars of Claim (PoC). You will probably have to wait a long time on hold with the CNBC. If necessary, you can call first thing in the morning around 8:30am as you'll probably have less of a wait.
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Re: CCJ for private parking charge registered to my old address
« Reply #25 on: October 28, 2024, 11:45:54 am »
Thank you very much, Will do that first thing in the morning!
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utahraptor

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Re: CCJ for private parking charge registered to my old address
« Reply #26 on: October 28, 2024, 04:05:24 pm »
Quote from: b789 on October 28, 2024, 11:13:27 am
Did you copy in QDR when you sent the SWS and draft order? If not, you need to copy in the claimants solicitor.

I'm just a bit surprised that UKPC are using QDR. They normally only tend to act as debt collectors. When you contacted the CNBC to find out the details of the CCJ, did they tell you who was acting for the claimant?

It is probably worth phoning the CNBC and asking them who was representing the claimant in the N1SDT claim? Also, whilst you have them on the phone, ask them to email you the Particulars of Claim (PoC). You will probably have to wait a long time on hold with the CNBC. If necessary, you can call first thing in the morning around 8:30am as you'll probably have less of a wait.

Sorry I missed your other questions as I was out and reading on my phone, I didn't copy QDR in, nor did I know they were acting for UKPC. I was only told about UKPC when I called the court initially, no other info was given. Will request all that tomorrow. Thanks as always!
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b789

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Re: CCJ for private parking charge registered to my old address
« Reply #27 on: October 28, 2024, 04:12:24 pm »
I suspect that it will be DCB Legal acting for UKPC. When you have it confirmed, you must send a copy of anything you send to the court to them.
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utahraptor

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Re: CCJ for private parking charge registered to my old address
« Reply #28 on: October 29, 2024, 09:32:45 am »
Called court this morning...it is/was QDR acting for UKPC, so have forwarded everything on to their 'defended team' email in their letter.

The particulars of the claim are apparently for not parking correctly within the (free for one hour) car park markings of a car park near Aldi in Hatfield. 

Again, I have zero recollection of ever having done this, nor could I even begin to trace back my steps on a random day 7 years ago. I do know the car park in question as it is local to me.

To think that a CCJ resulted in something like a wheel not being quite lined up properly in a free car park with loads of spaces seems utterly ridiculous.

Anyway, I have emailed everything to QDR, which includes the evidence of my new address which they requested.  :)
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b789

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Re: CCJ for private parking charge registered to my old address
« Reply #29 on: October 29, 2024, 09:57:21 am »
Did you ask for the PoC to be emailed to you? We need to see exactly what the PoC state, not a summary.
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