OBS PCN CCJ/Judgement - set aside now rehearing

[dx100uk]

thread title updated

 

it is not a FINE!!

 

it's a speculative invoice for breaking some imaginary contract you entered into by entering the private land with which they MIGHT have a signed and paid for contract with the land owners to manage parking....that I very much doubt.

[dx100uk]

don't think they had an upto date signed and paid for contract for 2015 the car park with the land owners.

look at the other threads here for the same place and parking prankster site

 

 

[dx100uk]

stop worrying about bailiffs.

they would need to return to court to invoke court bailiffs use..

DCBL the TV crownies can't get involved as the 'debt' is less than £600.

 

it's all very nice sending SAR's off to uncle tom and all but those aren't really going to help you any.

 

the only thing I can see that is going to help you is sight of the signed contract with the landowner and you won't get that via an sar as it doesn't involve you in it.

 

imho I don't think you stand much of a chance.

I cant see the signs nor the paperwork being faulty after this:

 

 

[dx100uk]

 

On 29/05/2020 at 14:29, Dizzy blonde said:

After several weeks away looking after my mother and unable to travel the 3 hours home due to lockdown,

 I recently arrived home to find both the Claim Forms and the Judgement For Claimant

 

the relevant paperwork was not sent to any wrong address, you simply didn't see it as were not resident due to caring for you sick mother during Covid-19 Lockdown

 

3 hours ago, Dizzy blonde said:

Are saying that Obs cannot send anyone at all around to attempt to collect the debt or seize any goods, and if they did it would be illegal? 

 

even if OBS did, they have zero legal powers, their only option is to return to court and ask the court to assign court bailiffs to enforce the debt, of that you would get notification from the court first. As for DCBL, they can't involve their HCEO wing as the judgement is less than the high court £600 limit.

 

3 hours ago, Dizzy blonde said:

I am hoping the judge will Set Aside my CCJ based on the fact that I was away from home due to the lock down so was unable to respond to Claim or the CCJ .

 

that is your only set aside reason I can see, but you also need a basic defence against the claim itself, to date I see no credible reason other than the claimant has failed to actually quoted what T&C you broke in their POC? overstay, didn't buy a ticket, outside lines etc etc.

 

3 hours ago, Dizzy blonde said:

Some have suggested SAR's may help to find loopholes in the PCN, to encourage the judge to give me a Set Aside, what are your thoughts on this.

 

you indicate earlier this might have been double dipping (2 visits) so an sar to OBS might help once you have the PCN and or the Notice to Keeper/driver.

 

3 hours ago, Dizzy blonde said:

Should I be going for a Consent?

 

can't see any harm in trying for a consent order to DCBL FOC to you on the basis their POC fails to state what you did wrong. they might agree.

if not it's gonna cost you £255 for the N244 set aside, but i'd get this in Monday.

 

reason for set aside - could not return home due to caring for your sick mother during Covid-19 Lockdown.

defence - the claimant has failed to adequately particularise their claim by not stating what part of their parking contract T&C's I have allegedly broken.

 

eitherway, by contacting DCBL with the above (free option - worth a try)

or Sending the court an N244 to northants bulk (£255)

 

for either you do not need to wait.

 

dx

 

 

 

[dx100uk]

no your credit file.

 

dx

[dx100uk]

11 minutes ago, Dizzy blonde said:

I will read more about Consent to Set Aside today. I found it confusing, does the Consent have to be done by a solicitor to be accepted by the court?

 

you ring dcb(l) directly and ask if they will agree to a consent order FOC to you because..

 - you did not return home due to caring for your sick mother during Covid-19 Lockdown.

 - their claimant has failed to adequately particularise their claim by not stating what part of their parking contract T&C's you have allegedly broken.

 

they might agree, we have seen it. nothing for you to do regarding the court, they do it all.

[dx100uk]

they will draft the consent order if they agree.

can't see the point in DVLA sar pers.

p'haps one to OBS but hats about it IMHO.

 

priority is to get ahold of DCB legal.

this could save you £255.

 

is your wife currently employed still?
 

 

 

[dx100uk]

they didn't have to as the claim was not defended.

they can write what twaddle they like as 85% of the 750'000 speculative invoice claimforms go undefended each year.

 

 

 

[dx100uk]

only what is in post 27......

don't play your cards in the open yet.!!

pers i'd await to see if they return to work tomorrow

 

it's better to speak, catch them on the hop whilst they have no time to think about it.

simply state (as you will in the email too,) 

 

if you fail to agree to set aside CCJ NO. xxx by mutual consent FOC to me

I will have no other option but to raise an N244 setaside and I will sue you for the fee and consequential costs.

 

 

 

[dx100uk]

stop calling it a fine it is NOT..

 

are you on benefits?

 

 

[dx100uk]

if you are on low/no income you can use the ex160 form?

 

https://www.consumeractiongroup.co.uk/topic/347307-legal-ex160160a160c-court-fees-are-you-exempt-correct-as-at-april-2018/

 

 

[dx100uk]

no.

as long as you used their registered address - not your problem.

their failure to respond within 30days can be escalated to the ICO and or court action.

[dx100uk]

they have 30days if they don't comply complain to the ico

or raise a failed sar court claim.

 

dx

[dx100uk]

what did ericsbrother say in the post above yours............

[dx100uk]

its their std dca letter...ignore.

its here in several threads already.

 

no-one can add anything to a court judgement, only bailiffs

and as DCBL are not court court bailffs but HCEO's and the CCJ debt is not above £600 , they can't ever be involved as bailiffs here anyway

 

get the set aside running!!

 

dx

 

[dx100uk]

forget the letter

forget dcbl DCA letter totally

 

 

 

 

[dx100uk]

22 hours ago, dx100uk said:

its their std dca letter...ignore.

its here in several threads already.

 

no-one can add anything to a court judgement, only bailiffs

and as DCBL are not court court bailffs but HCEO's and the CCJ debt is not above £600 , they can't ever be involved as bailiffs here anyway

 

get the set aside running!!

 

dx

 

over 22hrs ago you were told this.^^^

why are you dwelling on it.

 

there is no post judgemental interest nor any other collection fees than can be added UNLESS court bailiffs get involved

and obs would have to return to court to action that and you'd be told by the court too that they are...

 

stop falling for the scams these companies try and pull.

they also pretend to be joe public and post horror stories on other sites too like facebook..

 

not on CAG they won't..

 

 

[dx100uk]

On 31/05/2020 at 00:32, dx100uk said:

stop worrying about bailiffs.

they would need to return to court to invoke court bailiffs use..

DCBL the TV crownies can't get involved as the 'debt' is less than £600.

 

it's all very nice sending SAR's off to uncle tom and all but those aren't really going to help you any.

 

the only thing I can see that is going to help you is sight of the signed contract with the landowner and you won't get that via an sar as it doesn't involve you in it.

 

imho I don't think you stand much of a chance.

I cant see the signs nor the paperwork being faulty after this:

 

 

 

sorry to be the bummer

but i repeat what i said more than 1 month ago.

 

unless anyone thinks diff

 

[dx100uk]

I think the set aside is a given thing you'll get that just with the basic stuff above. Also make sure you sue for return of you fee.

 

But what makes me wonder i s iF the claimant does latterly continue the case to a new hearing (as the set aside resets things to as if you'd just received the claimform) if they did prove contract existed and signs were ok it could cost you bad.

[dx100uk]

22 hours ago, Dizzy blonde said:

One more thing, don't OBS have to produce photographic evidence of the vehicle/offence at the said times?

 

yes they will and the contract if they request a further hearing.

 

.......................

 

n244

.......

 

i do not believe the claimant had a valid and paid for contract covering the year of the offence with the land owner or their agents.

 

i do not believe the Claimant ANPR System had the relevant council planning permission to be used or erected on poles at the site.

 

i do not believe the Claimant signs at the site neither had the required council planning permission nor suitably conveyed the legal terms of any contract the driver at the time of parking could ever be able to agree to by reading them.

 

i claim the cost of my set aside fee from the claimant should i be successful.

 

 

[dx100uk]

can we see the order by the judge please 

particularly where it says ( or doesn't) you have to liaise with the other party?

have you both got to pit in bundles or is the judge asking for a joint bundle?

 

if the set aside is successful then the CCJ is gone .. it's one way or the another.

until/unless the claimant requests a subsequent hearing (if they choose too) it remain gone should your set aside be successful.

then if so the case is reheard as if you'd just received the Claimform.

 

 

[dx100uk]

On 07/07/2020 at 01:23, dx100uk said:

n244

.......

 

1."I did not receive court papers and was therefore unable to defend the claim because from xxxxx to xxxxx I was away from my address due to the recent lockdown.  I was staying with my elderly mother at xxxxx".

 

On 07/07/2020 at 01:23, dx100uk said:

 

2 i do not believe the Claimant ANPR System had the relevant council planning permission to be used or erected on poles at the site.

 

3. i do not believe the Claimant signs at the site neither had the required council planning permission nor suitably conveyed the legal terms of any contract the driver at the time of parking could ever be able to agree to by reading them.

 

4.i claim the cost of my set aside fee from the claimant should i be successful.

 

 

 

can i confirm the above 4 points were included in your N244

 

dx

 

[dx100uk]

not sure why you did the n244 online, its better by paper..as andyorch pointed you too.

 

liaise means ask, well demand they produce things, else the judge doesn't have the full picture infront of them.

 

so things like.

 

points of note:

"D is liable as the driver or keeper" that part of POC is naughty 

sight of the signed and annual confirmed payment schedule of the contract with the landowner 

proof of planning permission from the relevant county council for the erection of ANPR CAmeras and Poles.

proof of planning permission for all OBS signed and poles 

proof of: you were not resident due to caring for you sick mother during Covid-19 Lockdown
 

you can demand these are produced by say 5  days before court hearing to you and the court by sending the claimants solicitor an email now.

that all you need to liaise over.

[dx100uk]

1. no..thats not what the judge ordered.

2. should already be on your N244

3.doesn't matter..not an important part of the set aside process..

 

i really wished you'd not used the online form..or atleast copied what you put

you were advised to use the paper one.

we don't know what you put but can only guess.

 

you don't have to produce any exhibits as far as i'm aware, only OPC has 

simple send their sols a copy of the docs i've listed that you require to be in front of the judge.

thats as far as your liaison needs to go.

 

 

[dx100uk]

its only a basic N244 set aside hearing is it not?

so you only need ...

 

a: a reason to set aside the judgement - you were unaware of the claimform due to shielding under covid19 - you have evidence of this .

b: a basic defence for the original claimants poc. - well you didnt even see the poc - so i cant see the judge wanting to see or discuss anything really.

but the fact that they ,

probably have no planning permission for either cameras or signs or their poles

probably have no current signed and paid to date contract with the landowner

have intimated in their POC that as the keeper you MUST have been the driver, so the claim is valid...again all against the POFA rules..is quite laughable.

 

but and sorry ...i'll be brutally honest here DB, ....after 120 post and 2mts of being here...

to me you've not clicked yet upon how tenuous their position really is in the whole story