Author Topic: CCJ for private parking charge registered to my old address  (Read 4181 times)

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utahraptor

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Re: CCJ for private parking charge registered to my old address
« Reply #30 on: October 29, 2024, 10:00:57 am »
That was what I asked for but only a summary was sent. Just an email summary. I wasn't sure if that was what I was supposed to be sent but I'd ended the call by the time I checked anyway.

DWMB2

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Re: CCJ for private parking charge registered to my old address
« Reply #31 on: October 29, 2024, 10:03:31 am »
Can you show us exactly what they emailed across to you (personal info redacted of course)?

utahraptor

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Re: CCJ for private parking charge registered to my old address
« Reply #32 on: October 29, 2024, 10:04:11 am »
THE CLAIMANTS CLAIM IS FOR AN OUTSTANDING PARKING CHARGE ISSUED TO VEHICLE ------- WHENPARKED AT PARKHOUSE COURT HATFIELD HERTFORDSHIRE AL10 9QZ. THE SITE IS MANAGED BY THE CLAIMANT. VEHICLES PARKING AT THE SITEARE SUBJECT TO THE PARKING RESTRICTIONS AND TERMS AND CONDITIONS WHICH ARE SET OUT ON SIGNS AT THE SITE WHICH FORM PART OF A CONTRACT BETWEEN THE DRIVER OF THE VEHICLE AND THE CLAIMANT THE CONTRACT. ON 19 11 2017,THE VEHICLE WAS PARKED AT THE SITE IN BREACH OF THE CONTRACT, THE CONTRAVENTION BEING NOT PARKED CORRECTLY WITHIN THE MARKINGS OF THE BAY OR SPACE.. THE DEFENDANT WAS THE DRIVER OF THE VEHICLE AT THE DATE AND TIME OF THE CONTRAVENTION. BY ACTING IN BREACH OF THE CONTRACT, THE DEFENDANT IS LIABLE FOR DAMAGESAS SET OUT IN THE CONTRACT, BEING THE SUM OF £160.00 PLUS ADDITIONAL CONTRACTUAL CHARGES INCURRED BY THE CLAIMANT AS A RESULT OF THE DEFENDANTS BREACH.

utahraptor

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Re: CCJ for private parking charge registered to my old address
« Reply #33 on: October 29, 2024, 10:05:26 am »
That was the entire email with the case number and reg etc removed, no attachments.

It was entitled 'Particulars of Claim'.

dave-o

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Re: CCJ for private parking charge registered to my old address
« Reply #34 on: October 29, 2024, 10:33:30 am »
THE DEFENDANT WAS THE DRIVER OF THE VEHICLE AT THE DATE AND TIME OF THE CONTRAVENTION.

Did you ever state you were the driver or are they being cheeky here?
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utahraptor

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Re: CCJ for private parking charge registered to my old address
« Reply #35 on: October 29, 2024, 10:35:00 am »
No I've never even conversed with them.

b789

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Re: CCJ for private parking charge registered to my old address
« Reply #36 on: October 29, 2024, 10:50:21 am »
If the claim is not struck out at the set aside, there will be ample time to put together a full defence/WS.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

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utahraptor

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Re: CCJ for private parking charge registered to my old address
« Reply #37 on: October 29, 2024, 11:07:04 am »
Thanks very much!

utahraptor

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Re: CCJ for private parking charge registered to my old address
« Reply #38 on: October 29, 2024, 11:19:47 am »
Just had a thought, should I now be expecting all the info from the initial claim from QDR to be sent to my new address soon? Even though there's plenty of time I'd quite like to see it.

b789

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Re: CCJ for private parking charge registered to my old address
« Reply #39 on: October 29, 2024, 11:25:08 am »
Have you sent a Data Rectification Notice to the DPO at QDR instructing them to rectify the address they hold for service of documents to your current address and to erase your old address?

Do the same with the claimant.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

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utahraptor

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Re: CCJ for private parking charge registered to my old address
« Reply #40 on: October 29, 2024, 11:26:14 am »
No I will do that now.

utahraptor

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Re: CCJ for private parking charge registered to my old address
« Reply #41 on: November 07, 2024, 12:11:21 pm »
Hello there,

Just a quick update, had this email through today from the court:

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Good morning
If you wish to adjourn the hearing then you either submit a formal application or file a Consent Order.
If the Consent Order is made with the written consent and signed by all parties to the agreement more than 14 days before the scheduled hearing date there no fee is payable.  If it is less than 14 days then the fee is £119.00
If you cannot get consent then you will need to submit a formal application [N244 Application Notice] which can be obtained from the website https://www.gov.uk/ and should be posted in triplicate.  The fee is £303.00 if you tick the box with a hearing or £119.00 if you wish the judge to consider your application on papers.
Once we are in receipt of your application / consent order it will be referred to the Judge for consideration.
Please note an application itself does not guarantee your request will be automatically granted. It will be under the Judge to review it, consider it and review any supporting evidence you supply.
Therefore, it will be your interest to seek qualified independent advice before you submit any application to the Court because court fees are non-refundable.
The fee can be paid via the following methods:
By cheque or postal order, which should be made payable to 'HMCTS';
By credit/debit card. If you wish to pay by credit/debit card, please provide the Court with a telephone number in a covering letter, which should state you wish to pay by card, when you submit your application. A member of staff will then contact you to take payment. The Court can take card payments between 10am and 4pm, Monday to Friday.
If you are on benefits or low income you may be eligible for help with fees please see How to apply for help with fees EX160a  www.gov.uk/government/publications/apply-for-help-with-court-and-tribunal-fees/how-to-apply-for-help-with-fees-ex160a

If you are uncertain how to proceed, you should seek professional legal advice. You may be able to obtain free legal advice from a Legal Advice Agency or the Citizens Advice Bureau
Court Officers are not able to provide legal advice, suggest a course of action, or provide a solution to a problem. Court Officers do not receive legal training, and have no qualifications in law. Further, the Court must remain impartial. You may wish to read www.advicenow.org.uk.

Just a bit unsure how best to proceed (as usual!) and any advice would be much appreciated.

Many thanks!




b789

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Re: CCJ for private parking charge registered to my old address
« Reply #42 on: November 07, 2024, 12:21:12 pm »
Did you request an adjournment?
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

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b789

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Re: CCJ for private parking charge registered to my old address
« Reply #43 on: November 07, 2024, 12:33:20 pm »
I see now, it was in response to the request for the hearing to be brought forward. If you are eligible for help with the fees, then you will just have to go through the application process. However, I suggest you respond to the letter received with the following:

Quote
Court Manager
Watford County Court
10 King Street
Watford
WD18 0BW

[Date]

RE: Request for Clarification on Urgent Hearing Rescheduling and Response to Court's Reply

Claim Number: [Insert Claim Number]
Defendant: [Your Full Name]

Dear Court Manager,

I acknowledge receipt of your response dated [insert response date] regarding my request for an urgent rescheduling of my set aside hearing. However, I believe there may have been a misunderstanding of my original request, as the response focused on the process for adjournment or formal applications, which was not the nature of my inquiry.

To clarify, my request was not for an adjournment or delay but rather an expedited hearing date due to significant financial hardship caused by the CCJ, which was obtained through improper service. I respectfully reiterate the following key points for reconsideration:

1. Financial Hardship and Impact: The delay in the hearing date is causing ongoing and severe financial distress. The CCJ, noted on my credit report since [insert date], has substantially affected my credit rating, restricted my access to credit, and adversely impacted my housing and employment prospects.

2. Overriding Objective: CPR 1.1 mandates that cases are handled fairly, expeditiously, and proportionately. The current timeline for the hearing—scheduled for nearly eight months from now—does not align with this objective. A hearing scheduled so far into the future effectively nullifies the expectation that a defendant acts promptly upon discovering a default judgment.

3. Improper Service: I have provided evidence demonstrating that the claim was not properly served, as the claimant did not comply with CPR 6.9 and failed to make reasonable efforts to verify my current address.

I appreciate that the court must operate impartially and within procedural limits, but given the financial repercussions and the nature of the procedural irregularities in this case, I am requesting that the court considers scheduling an earlier hearing. This request is not to delay but to seek relief from the current hardship that the delayed hearing is perpetuating.

I am prepared to provide additional documentation or submit a formal application if absolutely necessary. However, I am seeking clarification on whether my initial request for an expedited hearing can be reconsidered based on the merits outlined, without needing to file a formal application.

Thank you for your attention to this matter. I look forward to your response or guidance on how to proceed in the interest of fairness and efficiency.

Yours sincerely,

[Your Full Name]
Defendant
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

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utahraptor

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Re: CCJ for private parking charge registered to my old address
« Reply #44 on: November 07, 2024, 12:38:08 pm »
Thank you very much, will do now.