Will i stand a chance if i try to get this ccj set aside? Help!

[paw21]

Hello,

 

I was completing a credit check after being refused to get a specific type of finance and to my horror I found out I had been issued a CCJ on the 2/10/18.

 

After ringing Northampton they informed me that the CCJ was issued over a parking ticket issued on the 30/01/17 by JD parking.

correspondence to do with this had been sent to a previous address, and even when I was living at this address at the time of the alleged incident I never received any letters about receiving a parking ticket.

 

Now the location that this occurred was at my friends flat where he has a parking permit that was in my car at the time.

I have received the evidence from JD parking's solicitors and there are a few reasons why I think their evidence is not credible,

 

firstly the photo of the windscreen is not a full photo and has clearly been taken to omit the parking permit from the photo,

the timestamps on the photos have also clearly been manipulated and added after they were taken

- the timestamps state it is 22:45 yet in the photo you can tell it is the middle of the day,

not that the time makes a difference to being allow to park there it just shows they are not credible.

(if anyone wishes to see the photos I am more than happy to share them).

 

I am on the electoral role and I pay council tax and many other utility bills so I feel like they have not even tried to find me in my absence of a reply and just let it all happen.

 

I know I need to fill out a N244 form but I need help to make sure I complete all the sections correctly and that I have a strong chance of being awarded with it being set aside

 

My hopes is that I can get the money for the N244 for back from either JD parking or their solicitor and also having their claim thrown out for being absolutely false.

After reading the guide on this site I should also contact JD parking and ask for their consent to set aside?

this seems bizarre because they are surely going to say no?

 

I am looking to be applying for a mortgage in the next few years and fear that this will seriously affect my chances of being successful, so thank you for all and any help.

 

This is a template letter I am going to email to JD Parking to get their consent to set aside the default judgement.

 

"Dear JD Parking,

 

Reference: Claim xxxxxxxxx JD Parking v xxxxxxxx

Your Reference: parking ticket ref from POC

 

I have recently become aware of a County Court Judgment in Default obtained by yourselves/your client on 2nd October 2018 for an alleged private parking charge from 30/01/2014 for Vehicle Registration xxxx xxx.

 

I am writing to request JD Parking/your client consent to set-aside the Judgement. I am currently drafting my formal application to the court to request the judgement be set-aside pursuant to CPR 13.3 for the following reasons;

 

1) According to your Particulars of Claim in the case the alleged incident took place on 30/01/2017.

At this time, DVLA records would show that the vehicle xxxx xxx, was registered at my current address, with myself as the registered keeper.

2) I have never received any communication from JD Parking and was entirely unaware of any Private Parking Charge being made against my vehicle until finding the CCJ registered against me when checking my credit file, and obtaining copies of the original claim and judgement document from the court.

3) After reviewing the evidence received from your solicitor it is clear that I should not have been issued with a private parking charge, I had a permit to park where I did but that was blatantly omitted from the photo taken of my car parked in the bay.

 

The time stamps have also been manipulated and added on after the photos were taken, there is no seconds displayed and the time stamps state it to be 22:45 which is clearly wrong as it is broad day light outside, this proves your evidence is not credible enough to have served me with this private parking charge.

 

According to publicly available information my circumstances are far from being unique.

The industry’s persistent failure to use correct and current addresses results is an unnecessary burden for individuals and the justice system across the country.

 

This is a topical issue: I note that the Justice Minister The Rt Hon Sir Oliver Heald QC MP announced on the 23rd December 2016 a consultation and information campaign to help protect consumers from debt claims. The consultation will look at ways to; better protect consumers who are sent mail to inaccurate addresses and verify addresses again before a claim is sent. The Minister added that In the digital age, we must ensure companies pursuing unpaid debts make every reasonable effort to contact individuals, rather than simply relying on a letter to an old address.

 

I therefore request you/your client consents to set-aside the judgement and provides me with all documentation / information relating to the original parking charge so that I may consider my position. Had I received the original charge it is likely it would have been settled immediately.

 

You will be aware that this application without consent will cost a £255 court fee. As it is your/your clients failure to take reasonable care that any letters and the subsequent court claim were issued to the correct address I will be asking the court to order you/your client pay the costs of the application along with any further costs allowed by the court.

 

I look forward to hearing from you/your client within 7 days after which time I shall be submitting my application to the courts.

 

Yours sincerely

 

 

xxxxxxxxxxxxx"

Edited November 23, 2018 by dx100uk
format.

[dx100uk]

you don't need their consent and don't tell them you are doing it.

 

just do the N244

provide a brief defence of the above

 

they will know that they will lose any hearing as claimform was sent to the wrong address and want to settle without a hearing.

at a hearing they will end up paying the £255 set aside costs plus your costs for the actual hearing.

if you don't.. they walk away scot free for their misadventures.

 

You can tell the court you want a hearing because they failed to show due diligence in ascertaining the correct address for the service of papers and thus entirely of their doing that you have ben forced to pay for set aside so want those costs back as they have been unreasonable in the way they have conducted this so far.

[ericsbrother]

Did you update you details as soon as you moved? they are obliged to send stuff to the address they get from the DVLA but being a good boy as far as updating all public records will guarantee that you get the set aside as you can show a decent prospect of overturning the original judgement.

 

The law allows them to abuse the old address for service and will be changed soon.

 

As said, spnd the monety on the set aside and even if they decide they want to drop the matter like a hot potato you get a clean credit file for less then the cost of paying the bandits in the first place and stand a chance that they foot the bill for your application if you can convince the judge that they did indeed manipulate the images. You will need witnesses for this and other corroborating evidence like proof you were elsewhwere at the alleged time ( debit card records or the like)

Edited November 23, 2018 by honeybee13
Paras

[paw21]

Hello thanks for your response,

 

so when the parking ticket was issued my address was up to date on driving license and VC5,

I then moved a few months later, didn't update it straight away but i stopped driving the car and eventually sold it,

 

I no longer own the car and have moved twice since the parking ticket was issued,

but way before the CCJ was issued I had my details updated on the electoral role/council tax/utilities/DVLA in regards to my driving licence.

 

The main point I need the court to understand it that there was a permit in my car and the evidence they took purposefully missed it out therefore leaving them thinking they could charge me and that I had no way to dispute it as they were sending everything to an old address

- how do i go about this?

 

Thanks!!

Edited November 24, 2018 by dx100uk
spacing

[dx100uk]

ah right so the claimform was sent to the correct address for the time.

 

lets see these photo's

have you the ORIGINAL JPG files or is this on paper

read upload remove pers info like ref no's number plate etc but leave everything else.

PDF ONLY PLEASE

[paw21]

No no, the claim form was sent to my old address where my details were registered when I received the parking ticket

I have moved twice since the parking ticket was allegedly issued and that old address is where they issued the CCJ to

 

I have the .jpgs I received from JD parkings solicitors Gladstone's

 

Will upload photos asap

 

Thanks

[dx100uk]

yes yes...read what I said carefully.. the claimform was sent to the correct address for the time [of the incident,]

 

the jpg should have data attached to it that says when and who adapted it.

 

it might be that uploading here removes that info.

 

I have a secure email if this is the case

[Gick]

You misunderstand dx's post. He is confirming that the PPC have complied with the requirement, unless notified of a change, to issue proceedings to the address supplied by DVLA as the registered keeper at the time of the alleged offence. The situation of moving following receipt of a PCN is one where ignoring is not the best course of action. However it is what it is and you must now deal with the situation in hand.

 

dx says 'but being a good boy as far as updating all public records will guarantee that you get the set aside as you can show a decent prospect of overturning the original judgement.[/i]'

 

Edit note - sorry dx I was compiling my post whilst you were answering.

[dx100uk]

[paw21]

Apologies, yes they apparently sent the claimform to the address I lived at at the time of the alleged parking charge, so as long as I was upto date on electoral role/council tax/utilities i should be fine?

 

pics attached too!

 

thank you!

car evidence.pdf

[dx100uk]

if I give you a secure email

can you attach the JPG's please?

[paw21]

Absolutely!!

[dx100uk]

the photos you have sent me are not the originals from the PPC

they've been redacted by you.

do you have the unredated originals?

[dx100uk]

nope they are still dated now.

 

how did you get them from the PPC?

[paw21]

Yeah ive just sent them!!

[paw21]

I go them from jd parking solicitors those are the images they have used as evidence of me parking to the court?

 

whats the issue

[dx100uk]

how did you get them

by email

on a penstick

 

need the originals you got not ones you have viewed/changed?

as that changes the properties

[paw21]

I got them by email from the solicitors, the second email I sent you is exactly what I received from them...

I redownloaded the images when I sent them to you to be sure it removed my changes when hiding licence plate?

[dx100uk]

the created, modified and access dates of each image are timed the same as the time of the email

 

the earlier ones are timed 13:37 24/11/2018.

 

do you use a photo editing software that can tell you the time the original image was taken?

[paw21]

The only edit on the photos I made was too redact the number plate other that that I have done nothing else so I'm not sure what's happening, only other thing I can do is forward you the email from the solicitors and see if that's any different?

 

No I don't have photo editing software!

 

What do you think of the photos though so you agree they are not credible?

 

Thanks

[dx100uk]

yes forward the email ensure that attachments come too.

 

I can deal then.

[paw21]

Okay, just forwarded it. Thank you!

[dx100uk]

thank you

 

sadly all exif data has been removed from the files

why do that!!

 

yes in my expert opinion they have been doctored

that time stamp is afterwards.

 

and ofcourse they are not taken at 10:45 PM and ofcourse cant all have been taken in one munite

 

impossible!

[paw21]

Good and what about the windscreen photo?

 

it doesn't conclusively show I didn't have the permit in my car?

 

And so what do I need to do now?

fill out the n244 form, a witness statement and a draught order?

 

Thanks

Edited November 26, 2018 by dx100uk
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