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    • just to be clear here..... the DVLA do not send letters if a drivers licence address differs from any car's V5C that shows the same driver as it's registered keeper.
    • sorry she is a private individual, the cars are parking on her land. she can clamp the cars. only firms were outlawed from doing it bazza. thats what the victims of people dumping cars on their drives near airports did and they didn't not get prosecuted.    
    • The DVLA keeps two records of you. One as a driver and one for your car. If they differ you might find out in around a month when they will send you a reminder as well as to your other half for their car. If you receive nothing then you can be fairly sure that you were tailgating though wouldn't explain why they didn't pick up your car on one of drive past their cameras. However even if you do get a PCN later then your situation will not change. The current PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4 which is the main law that covers private parking. It doesn't comply for two reasons. 1. Section 9 [2][a] states  (2)The notice must— (a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates; The PCN states 47 minutes which are the arrival and departure times not the time you were actually parked. if you subtract the time you took to drive from the entrance. look for a parking place  park in it perhaps having to manoeuvre a couple of times to fit within the lines and unload the children reloading the children getting seat belts on  driving to the exit stopping for cars pedestrians on the way you may well find that the actual time you were parked was quite likely to be around ten minutes over the required time.  Motorists are allowed a MINIMUM of ten minutes Grace period [something that the rogues in the parking industry conveniently forget-the word minimum] . So it could be that you did not overstay. 2] Sectio9 [2][f]  (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; Your PCN does not include the words in brackets and in 2a the Act included the word "must". Another fail. What those failures mean is that MET cannot transfer the liability to pay the charge from the driver to the keeper. Only the driver is now liable which is why we recommend our members not to appeal. It is so easy to reveal who was driving by saying "when I parked the car" than "when the driver parked the car".  As long as they don't know who was driving they have little chance of winning in court. This is partly because Courts do not accept that the driver and the keeper are the same person. And because anyone with a valid motor insurance policy is able to drive your cars. It is a shame that you are too far away to get photos of the car park signage. It is often poor and quite often the parking rogues lose in Court on their poor signage alone. I hope hat you can now relax and not panic about the PCN. You will receive many letters from Met, their unregulated debt collectors and sixth rate solicitors threatening you with ever higher amounts of money. The poor dears have never read the Act which states quite clearly that the maximum sum that can be charged is the amount on the signs. The Act has only been in force for 12 years so it may take a  few more years for the penny to drop.  You can safely ignore everything they send you unless or until they send you a Letter of Claim. Just come back to us if they do send one of those love letters to you and we will advise on a snotty letter to send them. In the meantime go on and enjoy your life. Continue reading other threads and if you do get any worrying letters let us know. 
    • Hopefully the ANPR cameras didn't pick up the two vehicles, but I don't think you're out of the woods just yet. MET's "work" consists of sending out hundreds of these invoices every week so yours might be a few days behind your partner's. There is also the matter of Royal Mail.  I once sold two second-hand books to someone on eBay.  Weirdly the cost of sending them separately was less than the cost of sending them in one parcel.  So to save a few bob I sent them seperately.  One turned up the next day.  One arrived after four days.  They were  sent from the same post office at the same time! But let's hope I'm being too pessimistic. Please update us of any developments.
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Just found out I have a CCJ ...can I set a side?


KJames
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Hello.

 

Any help or advice would be amazing.

 

I had a loan in 2011 which I knew I had a couple payment remaining on when I moved house,

I sent all of my creditors a letter confirming my change of address on

but received nothing in writing from my loan company.

I wasn't too concerned as there was only around 4 payments remaining.

 

At this point I lost my job and could't make any further payments and I didn't receive anything in writing from them to chase payment

so stupidly I assumed it was all forgotten.

 

I have since got back onto work and have a good job now and

recently applied for car finance which was declined,

 

 

it was at this point that I checked my credit report and have realised I have a CCJ.

I don't agree with the amount they claim I owe them

but I would do anything to have it taken off my credit report.

It was issued in 2012 to an address that I didn't live at

so I had no clue about it otherwise I would have defended it.

 

Do I have any grounds to get this set aside, what do I need to do?

 

Please help me

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As you have not lived at the address that the court papers where sent to, then you will have grounds for set aside the form you will need is N244.

it will be best to ring the court who dealt with the CCJ to get the case number and any further details you can about the CCJ sent to you.

 

i am sure others will more knowledge will be around soon to advise further.

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Thread moved to the appropriate forum.

 

Welcome to CAG KJames

 

Regards

 

Andy

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Have you retained a copy of the letter re change of address and proof of postage........if not last known previous address will be accepted as good service

We could do with some help from you.

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Have you retained a copy of the letter re change of address and proof of postage........if not last known previous address will be accepted as good service

 

I just put it in the post box, had no clue I would ever need proof of postage, I have my tenancy agreement which proves I had moved. Would that be appropriate?

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If you have letters from the claimant after you changed address but before the claim was issued...that would be proof...and even if you can prove that they knew...you would also need a proposed valid defence as to why you dont owe the amount of the money judgment.

We could do with some help from you.

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If you have letters from the claimant after you changed address but before the claim was issued...that would be proof...and even if you can prove that they knew...you would also need a proposed valid defence as to why you dont owe the amount of the money judgment.

 

I don't even have the loan paperwork anymore, the amount being disputed is £400. I believe I owed around £100 but I would literally pay whatever to have this removed.

 

Is there any way I can speak to the creditors and get them to agree to a set aside if I agree to pay?

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Who was the claimant.....who was the creditor?

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So the original creditor.....if you can get hold of the paperwork from the court that issued the default judgment ( most probably MCOL Northampton) you will get all the details...particulars of claim...solicitor etc...then you can move it to the next stage and decide if you wish to proceed.

 

I theory you can set a side and negotiate with the claimant not to oppose the set a side on the understanding that you will make full payment...they wont agree obviously if you try to dispute the amount.If you wish to dispute the amount then it must go through the court and be judged.

 

I would try to recover the paperwork first...then review your position......the fee to set a side would be £155.00.

 

Andy

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Just to add - if the objective here is to clean up your credit file, then even if you get the CCJ removed, there is a strong possibility - 80%+ that they will default your credit file and you will be left in exactly the same position.

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So the original creditor.....if you can get hold of the paperwork from the court that issued the default judgment ( most probably MCOL Northampton) you will get all the details...particulars of claim...solicitor etc...then you can move it to the next stage and decide if you wish to proceed.

 

 

 

I theory you can set a side and negotiate with the claimant not to oppose the set a side on the understanding that you will make full payment...they wont agree obviously if you try to dispute the amount.If you wish to dispute the amount then it must go through the court and be judged.

 

 

 

I would try to recover the paperwork first...then review your position......the fee to set a side would be £155.00.

 

 

 

Andy

 

 

 

 

Thank you so much for your advice. One last question, what grounds would I use to argue the set aside, the fact that I didn't receive the paperwork?

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Just to add - if the objective here is to clean up your credit file, then even if you get the CCJ removed, there is a strong possibility - 80%+ that they will default your credit file and you will be left in exactly the same position.

 

 

 

Surely a default isn't as negative as a ccj?

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