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    • I'm at work now but promise to look in later. Can you confirm how you paid the first invoice?  It wasn't your fault if the signal was so poor and there was no alternative way to pay.  There must be a chance of reversing the charge with your bank.  There are no guarantees but Kev  https://find-and-update.company-information.service.gov.uk/company/09766749/officers  has never had the backbone to do court so far.  Not even in one case,  
    • OK  so you may not have outed yourself if you said "we". No matter either way you paid. Snotty letter I am surprised that they were so quick off the mark threatening Court. They usually take months to go that far. No doubt that as you paid the first one they decided to strike quickly and scare you into paying. Dear Chuckleheads  aka Alliance,  I am replying to your LOCs You may have caught me the first time but that is  the end. What a nasty organisation you are. You do realise that you now have now no reason to continue to pursue me after reading my appeal since you know that my car was not cloned. Any further pursuit will end up with a complaint to the ICO that you are breaching my GDPR.  Please confirm that you have removed my details from your records. ------------------------------------------------------------------------------------------------------------------------------------------------------------ I haven't gone for a snotty letter this time as they know that you paid for your car in another car park. So using a shot across their bows .  If it doesn't deter them and they send in the debt collectors or the Court you will then be able to get more money back from them for  breachi.ng your data protection than they will get should they win in Court-and they have no chance of that as you have paid. So go in with guns blazing and they might see sense.  Although never underestimate how stupid they are. Or greedy.
    • Thank you. Such a good point. They did issue all 3 before I paid though. I only paid one because I didn’t have proof of parking that time, only for two others.    Unfortunately no proof of my appeal as it was just submitted through a form on their website and no copy was sent to me. I only have the reply. I believe I just put something like “we made the honest mistake of using the incorrect parking area on the app” and that’s it. Thanks again for your help. 
    • They are absolute chuckleheads. You paid but because you entered a different car park site also belonging to them they are pursuing you despite them knowing what you had done. It would be very obvious to everyone, including Alliance that your car could not have been in two places at the same time. Thank you for posting the PCN so quickly making it a pity that you appealed since there are so many things wrong with it that you as keeper are not liable to pay the charge. They rarely accept appeals since that would mean they lose money but they have virtually no chance of beating you in Court. Very unlikely that they will take you to Court given the circumstances. Just in case you didn't out yourself as the driver could you please post up your appeal.
    • Jasowter I hope that common sense prevails with Iceland and the whole matter can be successfully ended. I would perhaps not have used a spell checker just to prove the dyslexia 🙂 though it may have made it more difficult to read. I noticed that you haven't uploaded the original PCN .Might not be necessary if the nes from Iceland is good. Otherwise perhaps you could get your son to do it by following the upload instructions so that we can appeal again with the extra ammunition provided by the PCN. Most of them rarely manage to get the wording right which means that you as the keeper are not liable to pay the charge-only the driver is and they do not know the name and address of the driver. So that would put you both in the clear if the PCN is non compliant.
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Out of the blue Bailiffs turned up for a ccj I didn't know about. - **SET ASIDE AND COSTS AWARDED**


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At present they would refuse payment as they would likely insist on you paying the charges they have been put to - Court Fee, Solicitors Fee + Bailiffs Fee and to a certain extent I would agree with this. However in your SetAside application you make reference to the fact that as you never received the original documentation and were therefore denied the opportunity to defend/counterclaim/make offer of payment you do have the monies for the original demand and if necessary are prepared to pay that sum into Court as a gesture of good faith.

 

The Claimant will no doubt disagree but in my view they should have made sure they sent to your current address in the first place as they are going to be out of pocket over this if your Set Aside is successful, because it was solely there fault you should be able to ask for your Court Fee back + any costs of the day.

 

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They probably thought you would be so scared of the effect of the CCj on your credit rating that you would pay it and the fees off to "satisfy" the disputed debt, and they would be able to bury your complaint. The thought you would consult on CAG and be told they had been very naughty indeed getting a default judgment by using your former address, and you have the right to apply for it to be set aside didn't even enter their tiny minds imho

We could do with some help from you.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Would that be why their solicitor hasn't replied to my email detailing my correspondence with them; asking for the recordings or at least transcripts of these apparent calls; and saying I'll be seeking independent legal advice then? They were very excited to talk to me yesterday. Now, not so much!

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Would that be why their solicitor hasn't replied to my email detailing my correspondence with them; asking for the recordings or at least transcripts of these apparent calls; and saying I'll be seeking independent legal advice then? They were very excited to talk to me yesterday. Now, not so much!

 

Have you printed out any emails from the solicitors claiming they have recorded phone call evidence of them speaking with you? If not do so and put them on burden of proof that these exist, so that if they don't this can be used in your defence pack, as any statement to the effect that the recordings are "lost" or "deleted" completely devalues and renders any purported transcript as fiction

 

i would say they are anxiously looking for a way out at this stage, and are a little worried

We could do with some help from you.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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No emails. They told me this over the phone.... Is it likely that they said they had recordings from me in the original hearing??

 

It's making more sense. On the phone yesterday when I started asking questions, we got cut off, I thought maybe he's caught the phone accudently an hung up. Maybe it wasn't an accident and they just wanted me to go away.

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Solution as said by others - send them £10 for a Subject Access Request - well worth a tenner for the fright it may give them. The boot is on the other foot now but do not mention anything about applying for Set Aside or any other action.

 

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Aren't they likely to just take out the dodgy bits if I do a SAR?

 

As I'm thinking about this - won't a judge ask why I didn't make sure they cashed the cheque? - I just assumed they had.

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I have used that, I was worried about the wording as in do I speak in first person 'I' and them? Or third person 'The defendant' and 'the claimant'. Or 'I' and 'the claimant' or 'I' and 'the claimants name'? Kind of thing....

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I have used that, I was worried about the wording as in do I speak in first person 'I' and them? Or third person 'The defendant' and 'the claimant'. Or 'I' and 'the claimant' or 'I' and 'the claimants name'? Kind of thing....

 

 

Ohh cant help you with that but im sure PT will be on later

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I guess anyone can help me with this... how much evidence do I put in the evidence box. Everything that's happened? (I can be concise). Do I send copies of email correspondance, letters etc, or is that for another time?

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The correct terms to use are Claimant & Defendant. In the Witness Statement you should bullet each point and list everything you have that you will rely on. Don't forget it is sometimes easier to do this on a sheet(s) of paper but you must sign & date it as a Statement of Truth at the end as well as again completing the Statement of Truth on the Form. Don't forget you will need 1 copy for the Court, 1 copy for your Claimant & 2/3 copies for yourself.

 

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Thank you - would you mind at all if I pm'd you with what I'm about to print off. I really want to get it set aside

 

I don't mind but for the sake of clarity you should copy in one of the site team. This keeps everything above board, I understand why you would be reluctant to publish on a public forum as the other side may then get advance warning.

 

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Went to court but the County Court bit was closed (I went straight after work). I have to go again at 9.30am and drop it in again. The lady there told me the warrant of execution would be suspended pending the set aside application - phew. She also told me not to worry about bailiffs anyway, she said not to let them in and they're powerless (didn't expect the court to say that). She did say the judge would decide whether or not I owed money - I do owe the original sum though.... Will I not still end up with a CCJ then anyway? Or not if I pay the original amount there and then? Is it likely they will make me pay costs? Or does only one person pay all the costs?

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Well that sounds like a good start. It's not so much whether you owe the money - you have already admitted that - but the way in which it was done. They had your new address but still wrote to the old - a lot do this on the basis of knowing they will get an automatic Judgment against you which is easier to enforce, most would probably pay up and put it down to bad luck.

 

If you win your set aside then the process winds back to the situation where the documents are issued and if even if found against at that stage any CCJ paid with 30 days is not registered. Your Claimant may object and point out they have been subjected to costs - Solicitors costs, Court Fee, Bailiffs Fee - your counter argument will be if they had used the correct address in the first place none of these costs would have been necessary and therefore why should you pay them, and as you have had to go through this process you have incurred the costs of the Set Aside application + day off work? parking? mileage? childcare costs? etc.

 

If sense prevails then the Solicitor should realise he is in a corner and advise his client accordingly. Whatever happens you must go to the Hearing and take everything with you, make copies of everything so if the Judge asks you can provide him with what he wants.

 

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Application was made yesterday morning. Court said they'd be very surprised if bailiffs came back....

 

The court only took one copy of the application (I took in 4). I had written the wrong claim numbers on it though as I haven't seen the original documentation - the numbers that ibhad weren't right. Also found out it was heard at a court 150 miles away from me, not at my local court!

 

The guy said I could tell the other side if I wanted (I think I'll leave it as a nice surprise though).

 

Will they just photocopy my application and send out copies then?

 

I keep getting mixed emotions about whether or bot a judge will be sympathetic to my case or whether he'll just judge me as 'another debtor'.

 

They said I was unlikely to be able to claim back my £80 fee.

 

Will keep you updated.

 

Ezy

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The Court will notify the Claimant of the date for hearing your set aside, its then up to them if they want to turn up and support their original application, if they do not bother they will not get a second chance.

 

If you have applied for set aside and are successful you CAN claim your £80 fee back when if/asked by the DJ to give your costs , make sure you write down every penny it has cost you to date and keep all receipts in case they are asked for in support of your costs claim.

 

WD

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