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    • Makers of insect-based animal feed hope to be able to compete with soybeans on price.View the full article
    • Thank you for posting up the results from the sar. The PCN is not compliant with the Protection of Freedoms Act 2012 Schedule 4. Under Section 9 [2][a] they are supposed to specify the parking time. the photographs show your car in motion both entering and leaving the car park thus not parking. If you have to do a Witness Statement later should they finally take you to Court you will have to continue to state that even though you stayed there for several hours in a small car park and the difference between the ANPR times and the actual parking period may only be a matter of a few minutes  nevertheless the CEL have failed to comply with the Act by failing to specify the parking period. However it looks as if your appeal revealed you were the driver the deficient PCN will not help you as the driver. I suspect that it may have been an appeal from the pub that meant that CEL offered you partly a way out  by allowing you to claim you had made an error in registering your vehicle reg. number . This enabled them to reduce the charge to £20 despite them acknowledging that you hadn't registered at all. We have not seen the signs in the car park yet so we do not what is said on them and all the signs say the same thing. It would be unusual for a pub to have  a Permit Holders Only sign which may discourage casual motorists from stopping there. But if that is the sign then as it prohibits any one who doesn't have a permit, then it cannot form a contract with motorists though it may depend on how the signs are worded.
    • Defence and Counterclaim Claim number XXX Claimant Civil Enforcement Limited Defendant XXXXXXXXXXXXX   How much of the claim do you dispute? I dispute the full amount claimed as shown on the claim form.   Do you dispute this claim because you have already paid it? No, for other reasons.   Defence 1. The Defendant is the recorded keeper of XXXXXXX  2. It is denied that the Defendant entered into a contract with the Claimant. 3. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. 4. In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5. The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 6. In a further abuse of the legal process the Claimant is claiming £50 legal representative's costs, even though they have no legal representative. 7. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all. Signed I am the Defendant - I believe that the facts stated in this form are true XXXXXXXXXXX 01/05/2024   Defendant's date of birth XXXXXXXXXX   Address to which notices about this claim can be sent to you  
    • pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’.  Choose ‘Create sign in details’ to register for the first time.  You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID.  You should make a note of your memorable word, or password as these are not included in the email.<<**IMPORTANT**  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .get a CPR 31:14 request running to the solicitors https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim type your name ONLY no need to sign anything .you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform.
    • well post it here as a text in a the msg reply half of it is blanked out. dx  
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Backdoor PCN CCJ help please


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Just today received a CCJ for £350 quid, for parking in a hotel car park.

 

This is the first bit of paperwork that i've had, other than them asking me for money (the pcn) thing.

 

I wrote back to them stating that i was a guest of the hotel at the time, they replied with a letter saying 'we don't care'

 

What steps do i now have to do to get the court to reverse this?

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Two quick questions. Are you sure it's a CCJ, i.e. that a court is ordering you to pay this sum? I would presume the regulars would like the document uploaded (with your personal details removed).

 

Also, have you moved since you stayed in the hotel? Moving is the chief reason these con artists are able to get a backdoor CCJ.

We could do with some help from you.

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Its a judgement for Claimant (in default)

 

from a PCN

 

Doing some searching..

as i understand it.. i can defend the CCJ with an N244 form, and EX160 form.. but doing so will cost me £255, and its money i won't get back.. even if i win.. its a crazy system, where defending yourself costs almost as much as they want.

 

I'm tempted to pay the £350, and then raise a claim against the hotel to get the moiney back... as the parking company are their agents, and i was a customer of the hotel.

Edited by dx100uk
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All those questions are about a PCN - Dx.. this is for overturning a judgement ?

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All those questions are about a PCN - Dx.. this is for overturning a judgement ?

 

 

All those questions need answering so they can be ripped apart, that will then make the set aside easier.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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The problem here, is the CCJ is already given.. and it's pointless having to pay £255 that you don't get back, to try to get it set aside. - i might as well pay the £350

 

Has anyone seen anything about receiving a fine like this.. and then successfully suing the hotel ? (as the parking company acts as an agent for the hotel).. and my 'contract' as it were, is with the hotel. ?

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It wasn't a fine it was an invoice, why did the hotel not lean on the PPC to cancel?

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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nothing to do with the hotel but the land owners that MIGHT have signed a contract with these fleecers

yes we need those q's answered as best.

 

if you've not got a copy of the CCJ

ring northants bulk and ask for a copy of the CCJ and the claimform by email pdf

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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you will get the money back when you beat them in round 2.

They may well drop the matter and you will then be £100 better off and no CCJ ruining your credit files.

 

 

Its a judgement for Claimant (in default)

 

from a PCN

 

Doing some searching..

as i understand it.. i can defend the CCJ with an N244 form, and EX160 form.. but doing so will cost me £255, and its money i won't get back.. even if i win.. its a crazy system, where defending yourself costs almost as much as they want.

 

I'm tempted to pay the £350, and then raise a claim against the hotel to get the moiney back... as the parking company are their agents, and i was a customer of the hotel.

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Use an N244 to get a set-aside hearing pronto - then contact the court and explain you need the hearing within 28 days of the initial judgment to ensure the CCJ will not exist and you're back to defending the initial claim. Then you can beat them and attempt to recover costs - possibly by a counterclaim depending on circumstances.

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Use an N244 to get a set-aside hearing pronto - then contact the court and explain you need the hearing within 28 days of the initial judgment to ensure the CCJ will not exist and you're back to defending the initial claim. Then you can beat them and attempt to recover costs - possibly by a counterclaim depending on circumstances.

 

if you have some way of attracting the courts attention and getting them to run your case according to your timescales, then we would all be very keen to hear about it.

 

In the meantime, I think that this advice is completely wrong

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I understand what numnumnum means, if the appeal is submitted in a certain time then the CCJ never gets as far as making it into the public domain. It will depend on how busy that particular court is as to whether the set aside can be heard in that time. The OP hasnt given us enough information to be helful on that.

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Surely if you submit an N244 and then go on to get the set aside, the CCJ disappears anyway.

 

Although it would be nice to just rock up at court one morning, N244 in hand, and get yourself in front of a Judge, it's pretty unlikely.

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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Only if the application is successful...which may takes weeks for a hearing....Judgements are registered instantly to the CCJ Trust...but pending subject to the payment allowance date.

We could do with some help from you.

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Need that link doing and the poc from the claimform

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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An n244 only needs to show a reasonable chance of successful defence to get a set-aside. Talk to the court staff when submitted and politely ask if there's anything they can do to get you a hearing as soon as possible - I know someone who did just that hence the suggestion. Court staff are often friendly, understand your predicament and appreciate being spoken to like humans.

 

If you're set-aside after 28 days from default judgement, the CRAs will have the ccj and you need to work to ensure they're removed.

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An n244 only needs to show a reasonable chance of successful defence to get a set-aside. Talk to the court staff when submitted and politely ask if there's anything they can do to get you a hearing as soon as possible - I know someone who did just that hence the suggestion. Court staff are often friendly, understand your predicament and appreciate being spoken to like humans.

 

If you're set-aside after 28 days from default judgement, the CRAs will have the ccj and you need to work to ensure they're removed.

 

And if it was a default judgment from CCBC Northampton......?

We could do with some help from you.

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And if it was a default judgment from CCBC Northampton......?

 

Once the set-aside is received, it gets transferred to your local court - that's where they consider your written request and confirm a hearing to actually get it set aside. Time is of the essence if you want to beat the 28 days of course.

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You mean the application N244..which can take up to 3 weeks for MCOL to process and then transfer to your own local county court which again can take another 3/4 weeks to issue the Order and Notice of Hearing/ directions.

 

Interesting numnumnum

We could do with some help from you.

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You mean the application N244..which can take up to 3 weeks for MCOL to process and then transfer to your own local county court which again can take another 3/4 weeks to issue the Order and Notice of Hearing/ directions.

 

Interesting numnumnum

 

Yes, it can take time. I've seen a default judgement set aside within 20 days of the judgement - took some effort asking mcol staff to transfer ASAP and sweet talking local court staff to do their best with the court's diary.

 

Not saying it is easy and certainly not guaranteed but it can be done.

 

If you're paying £255 to try for a set aside, might as well try to get it done as quickly as possible and avoid the hassle of CRAs getting the ccj on their books - especially if you're thinking of applying for any kind of finance in the next few months.

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What if the set a side application fails after all that rushing to beat the payment date and stop it going on your credit files and paying out £255 numnumnum ?

We could do with some help from you.

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