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


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can you just clarify..

 

the postcode in the POC above is just typed wrong by you when you put it up on CAG

or

has the claimant used the wrong postcode in the POC they filed to the court.

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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the claim particular form filed by claimant has wrong post code in it. My correct post code is TW10 5AP. I think it is a typo by them.

 

I think even the post code they used belongs to the same estate so they are not that wrong. Google shows this post code within the same complex.

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but never the less an error, as that postcode will not be the one on the management agreement the landowner signed up to with UKCPM.

very important!!

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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On 09/03/2020 at 15:11, FTMDave said:

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). 

 

so as above now then.

 

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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Could be enough to cost them a packet,  and blow the initial case away after set aside

We could do with some help from you.

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Thanks. I will fill the set aside form and post it. Would you suggest what words to use that are not open to challenge by the claimant? You used "de minimis" and "supremacy of contract" etc. I can write it up but want to be technically correct to the  use of legal jargon.

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I think the contract would have been unconscionable, in that there was no time given to acquire a ticket after parking.

The usual way a parking ticket is dispensed is, you park, you purchase a ticket, you stick it on your window.

I would have thought that time to do this would be an implied right on this kind of contract.

 

Was there any other way a driver is supposed to get a ticket, given that he was not aware he needed one until reading the on site signage.

By which time he was already committing a contractual breach .

Edited by Dodgeball

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

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1 hour ago, Manmeet said:

I can write it up but want to be technically correct to the  use of legal jargon.

 

Write up what you propose to send, and we will suggest what to tweak if necessary.

Edited by FTMDave
Typo

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personally  I would forget the "legal Jargon". If its usage is not spot on it will suggest internet help, we know that there is nothing wrong with this, however Judges have a distinct downer on it.

If you do get it right you may prejudice the LIP leeway which the court applies. Just say what you mean.

 

Instead of "de minima's" you could just say, it is unfair to say you have breached the contract over such a minor thing. Your own words. 

 

There is nothing stopping you using all the suggestions of course.

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Hi All, I was a bit under the weather (no corona virus thankfully) and could not send the N244 form.

I am filling it now.

 

It has many questions for which I am not sure what to fill from point 5 to 9.

 

Is there a sample available?

 

I am reading the guidance notes and will come back if I need further help.

 

Hi all, I have written my statement , which grateful if you could proof read it and advise anything to be added or removed. I intend to post it tomorrow.

 

Dear Sir,
I moved into UK in 2015 to work for my employer.

I became aware only in the month of March 2020 that a County Court Judgement was held against me, when I received a notice from debt collector.

 

I did not receive any notice from the court or the claimant regarding court hearing as I had moved residence on 14th Sep 2019 to my current address and missed out on informing out of innocent neglect not being aware of such requirements.


I was a legal resident of the gated complex at the time of this parking notice charge and had the right to park in front of my apartment building. I have the tenancy agreement which starts from 15th Aug 2018 as supporting evidence.

 

Although the tenancy commenced from 15th Aug 2018, I vacated my previous address of residence only on the 20th Aug late pm as per the tenancy agreed last date with previous landlord. I moved to this address, where the parking notice charge was given, on the 21st Aug afternoon, by which time the complex estate office had closed for the day and I could not collect the welcome pack, which included the parking token for the resident. 

 

The next day, 22nd Aug 2018, my wife after dropping the kid to school, went to the estate office to collect the welcome pack and parking token. When she returned to the car she was shocked to see the parking charge notice.

 

She immediately informed me office and within short time I wrote to UKCPM with image of my resident parking token, requesting them to withdraw the notice (evidence available). UKCPM did not accept my plea and went ahead with the threat that If I don’t pay up the charge then they will take legal action against me.

 

Absence of the parking token at the time of parking charge notice was beyond my reasonable control and the UKCPM not taking a pragmatic approach to a justifiable reason is unfair and undermines the process meant to prevent people who willfully ignore the law and not to hound genuine people for sake of making money off them.

 

I could have paid the easy route of £60 at the time of the notice but I saw it as unfair and a drive to dig money out of my pocket and so I chose the difficult route by having faith in the justice system.

I therefore put forward my prayer to set this judgement aside.

 

With Respect,

 

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Well done on getting all that together, although my impression is that it's a bit long & repetitive, with bits not directly relevant, so have tweaked it a little.

 

However, what do I know, I've never applied for a set aside in my life!

 

Wait for Ericsbrother to come on tomorrow, IIRC he has had recent experience of a set aside hearing.  Waiting 24 hours won't make any difference.

 

 

"I moved from (old address) on 14th Sep 2019 to my current address (new address).

 

I did not receive any notice from the court or the claimant regarding the court Claim (date) sent to the old address.  I only became aware in March 2020 that a County Court Judgement was held against me. 

 

I intend to defend this claim.  I was a legal resident of the gated complex at the time of this parking notice charge and had the right to park in front of my apartment building.  I have the tenancy agreement which starts from 15th Aug 2018 as supporting evidence.

 

I moved to the address where the parking notice charge was given, on the 21st Aug 2018 afternoon, by which time the complex estate office had closed for the day and I could not collect the welcome pack, which included the parking token for residents.  The next day, 22nd Aug, my wife went to the estate office to collect the welcome pack and parking token.  When she returned to the car she was shocked to see the parking charge notice.  Absence of the parking token at the time of the parking charge notice was beyond my reasonable control and an example of "de minimis".

 

I therefore request that this judgement be set aside".

 

We could do with some help from you.

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Looks OK, but as FTMDave says, let ericsbrother have a look first.

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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Hi Guys, waiting for final nod from Ericsbrother to post N244.

 

Which option should I choose from

- how do you want this application to be dealt with

- at a hearing OR without a hearing?

 

Am I supposed to mail copy of the evidence or that is to be taken at the time of physical hearing ?

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on papers only is £100

 

hearing is £255

 

you want a hearing.

you wont need evidence at the set aside hearing

you'll only need that should the claimant wish to request a further hearing.

 

1.just your basic reason for the set aside

and 

2.a very basic defence statement against the POC 

is all you need on the N244

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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the backdoor CCJ number.

 

so what have you put for the reason to set aside

and 

what basic statement are you making against the original POC?

better to put those up incase of silly errors.

 

dx

 

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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Share on other sites

What order are you asking the court to make and why? 

 

My answer: 

To set aside the County Court Judgement as there was no contravention and I was legal resident at the time of the noted contravention.

 

question 10- What information will you be relying on, in support of your application?

 

I have chosen the box

- the evidence set out in the box below AND not the option

- The statement case (pls advise if ok)

 

My comments

Dear Sir,

I moved from (xxxxxx) on 14th Sep 2019 to my current address (xxxxxxx).

 

I did not receive any notice from the court or the claimant regarding the court Claim (date) sent to the old address.

 I only became aware on 1st March 2020 that a County Court Judgement was held against me. 

I intend to defend this claim.  

 

I was a legal resident of the gated complex at the time of this parking notice charge and had the right to park in front of my apartment building. I have the tenancy agreement which starts from 15th Aug 2018 as supporting evidence.

 

With respect,

 

(Defendent)

 

oops, I will add the claim date which was 9th Dec 2019

I meant the case filed date 

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was not the claimform send to an incorrect address ?

 

 

 

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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Share on other sites

I've removed your real name from your draft as the fleecers spy on here.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 Have we helped you ...?         Please Donate button to the Consumer Action Group

If you want advice on your thread please PM me a link to your thread

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The initial threat letters were coming to my correct address but the debt collectors (after ccj judgement) was sent to incorrect address since the post code was wrong and also did not have my building name so i could never have received it.

Should I mention that in my statement?

 

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kindly advise so I could post it today before the virus shuts down govt.............

 

I have amended a bit with the incorrect address bit in it. Pls proof read it.

 

Dear Sir,

I moved from (…...) on 14th Sep 2019 to my current address (…...).

 

I did not receive any notice from the court or the claimant regarding the court Claim dated 9th Dec 2019 as the address was incorrect and I would not have received it even if I was staying at this address at the time. I only became aware on 1st March 2020 that a County Court Judgement was held against me. 

 

I intend to defend this claim.  I was a legal resident of the gated complex at the time of this parking notice charge and had the right to park in front of my apartment building. I have the tenancy agreement which starts from 15th Aug 2018 as supporting evidence.
 

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did you receive the claimform simple ans yes or no?

 

dx

 

 

 

 

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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Share on other sites

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