Backdoor CCJ UKCPM windscreen residential PCN - opps i moved!!

[Manmeet]

Ok. what you are suggesting is to pay £255 via the form and I won’t have to pay anything more to either Ukcpm or Newlyn? Pls clarify as I don’t want to end up paying £255 and then other collectors get after me to recover their fee.

[honeybee13]

Hi Manmeet.

 

You've posted the same thing three times, we've removed two of the duplicates.

 

HB

[Manmeet]

Sorry, some glitch on my mobile.

[FTMDave]

1 hour ago, Manmeet said:

While I don’t blame anyone for the guidance thus far, but on hind side I have learnt now that it is better to pay up even private company car parking fine rather than challenge them and delay it.

 

That's one way of looking at it, but on the PPC Successes thread above there are 244 motorists who have seen off these fleecers (and that is a vast underestimate, there are plenty more cases where the PPC crawled back under their stone but there is not a "moment of victory" to celebrate).

 

No-one here would advise to move without giving your new address to anyone you are in legal dispute with.  On a hell of a lot of these threads it's also emphasised that the PPCs have six years to bring legal action, and it's common for them to dust off old cases after years and try again.

[brassnecked]

VCS and Parking Eye are noted for that as are Excel.

[FTMDave]

1 hour ago, Manmeet said:

Ok. what you are suggesting is to pay £255 via the form and I won’t have to pay anything more to either Ukcpm or Newlyn? Pls clarify as I don’t want to end up paying £255 and then other collectors get after me to recover their fee.

 

Manmeet, you need to start reading up and understand the legal process.  Please research what a "set aside" is, then if you want to go down that road come back here and the regulars will willingly guide you through the process.

[dx100uk]

2 hours ago, dx100uk said:

no , you don't pay the £362!!

if you look at the judgement from the COURT its a lot less than that

and NO-ONE can add anything to that

contempt of court!

 

so . why not spend £255 and get it set aside/…..

atleast for less money you stand a VERY good chance of this being removed from your credit file.

 

 

go get your credit file

note the ccj number.

tomorrow go ring northants bulk court

ask for a copy of the claimform AND the judgement CCJ by email pdf.

 

then comeback here..

you are NOT legal obliged to pay any other sum bar what the JUDGE ordered.

 

but I wouldn't be doing that!

go set it aside..far cheaper and it removes the CCJ too.

paying it does NOT!!

 

 

dx

 

 

[Gick]

DX, sorry to have to remind you that NO ONE can be fined for a parking offence as it was decriminalized years ago (1991). The Council can issue a Penalty Charge Notice. The Police ban issue a Fixed Penalty Notice but only on Red routes, or within the zig zags of a pedestrian crossing, which if not paid can be enforced by a court.. Only a COURT can issue a Fine.

[Manmeet]

Thanks for your advice.

I will call them today and get back to you.

 

I agree that getting order set aside is a wiser option.

My concerns is that Newlyn/Gladstone/UKCPM may still come after me to cover their admin charges etc, even when the judgement has been set aside.

[dx100uk]

nope they cant.

 

dx

[brassnecked]

Anything Newlyn added would be killed by the set aside, their loss and they can't recoup them.

[Manmeet]

Hi,I have obtained the claim form and paid £10 to get the CCJ. Can you pls advise the next step?

[dx100uk]

details then please?

 

exact particulars of claim verbatim

 

[Manmeet]

The CCJ states - " 

To the Defendant

• You have not replied to the claim form.

  It is therefore ordered that you must pay the claimant £175.41 for debt (and interest to date of judgment) and £97.00 for costs .

  You must pay the claimant the total of

  £272.41

  forthwith

 

As you are aware, I changed my address and did not receive any info from court to cancel the judgement although I am now aware that i should have informed them. I am not a citizen of UK and this was my first time so was not aware of the rules.

 

Pls advise if I should pay £255 online and fill the form and post it.

Also any specific stuff to write in the form.

It is now clear that I will have to appear before a judge. 

 

I do not want CCJ to remain as it will impact my credit score and mortgage. It may also impact my PR process.

[FTMDave]

Don't worry, getting a set aside is a fairly easy process, and then the CCJ will be gone.

 

Loads of UK citizens get it wrong a hell of a lot more than you!  You were right to fight UKCPM.  You're right to go for a set aside.  OK, the change of address bit ...

 

You will need to pay the £255 and fill in the form & explain why you're asking for a set aside (easy, never got the court papers) and give an outline of your proposed defence against UKCPM (again easy, supremacy of contract as you had the right to park there and "de minimis" as you were picking up your parking token to show the right to be there when they gave you the ticket).

 

When you go to court take proof of the change of address and something about your tenancy.

 

Courts almost always grant set asides.  Then you'll be free of the CCJ.  After that you can decide whether you want to pay UKCPM's claim or fight it (obviously we'd recommend the latter). 

[dx100uk]

get the N244 from our legal section of our library here

or download it from the .gov.uk site 

 

you said you had the CLAIMFORM.

can we have the Particulars of Claim box text 

typed up here please

 

dx

 

[Manmeet]

Sorry for my mentioning claim form. They have sent N-244 form on email along with copy of CCJ.

[FTMDave]

Excellent, so you already have the form

[dx100uk]

so why didn't you ask for what you were meant too ??

go ring them back and ask for a copy of the original claimform by PDf or ask them to read out the particulars of claim box to you over the phone 

and 

RECORD the call.

 

dx

 

 

[Manmeet]

They refused to share anything about the claim form and said they could share the N-244 only.

I will call them again but they may refuse again.

[AndyOrch]

Closed at 4.00pm

[dx100uk]

wrong. they are a public court service

that's what they are therefore!

they are legally obliged to tell you.

 

so ring again tomorrow (as it's past 4pm now) and ask what the claimants claim was for as the judgement simply says parking chagre

you need to know when where times etc.

these are contained in the particulars of claim box from the claimform which they WILL have on record

record your call !!

 

[Manmeet]

Understood. I will call them tomorrow and then get back to you. Thanks for all your help so far.

 

[FTMDave]

Given part of the set aside application is mentioning your defence, it's a bit difficult compiling a defence when you don't know what the claim form for!

[Manmeet]

Hi, I called today and they immediately sent me the copy by email and the lady as not sure why the other colleague refused.

Below is what is written in it;

 

1.the driver of the vehicle with registration …... (the 'vehicle') parked in breach of the terms of parking stipulated on the signage (the 'contract') at courtlands - courtlands estate sheen road richmond surrey tw10 5at, on 22/08/2018 thus incurring the parking charge (the 'pcn').

 

2.the pcn was not paid within 28 days of issue.

 

3.the claimant claims the unpaid pcn from the defendant as the driver/keeper of the vehicle.

 

4.despite demands being made, the defendant has failed to settle their outstanding liability.

 

5.the claimant claims £100 for the pcn,

£60.00 contractual costs pursuant to the contract and pcn terms and conditions,

together with statutory interest of £14.57 pursuant to s69 of the county courts act 1984 at 8.00% per annum,

continuing at £0.04 per day.        

 

pls advise next step.

 

firstly, pls note that the post code written here is incorrect - it is tw10 5ap.