CCJ - SCS Law - UKPC

[noeland]

Hi,

I am hopeful someone may be able to offer some advice, guidance.

I have recently been reviewing my Credit File and after many years trying to repair it after the errors of my youth. I've come to find a CCJ posted in November 2019 by SCS Law - UKPC.

The CCJ is for £729

I believe it refers to parking charges issued around 4/5 years ago at a Car Park I used to use at my work place. The car park was private and only used by managers, employees of the shopping centre. The parking was free and permits were issued by the shopping centre management.

The management took very little interest in facilitating any simplicity or logic in issuing the permits. It was stickly one per retailer and the parking space was allocated and no other space was to be used. There were about 3 of us that drove in the workplace at times sharing the permit.

I recall a time when a researched for some guidance after having received the Parking Charge and come to the understanding that the charges were just speculative invoices and that such could be ignored.

There were however a couple of instances that my coleagues were issued tickets and on there request we i had to speak with UKPC. It was at this time I found there correspondence and strategy to be purely about money. It reaffirmed my understand that they were simply unreasonable in their ractice.

Furthermore I also recall an instance where a ticket was issued to my vehicle despite a permit being clearly on display. A picture was taken of the car in such a frame the passenger side top corner was cut on. This was where the permit was displayed. (Difficult for me to evidence now)

The last challenge is that around 18 months ago I moved out of the address that all the courts correspondence was sent to. The house was a shared one. I did leave a forwarding address with the previous landlord but never had anything forwarded. I occasionally would get a randomn message from previous housemates that mail had arrived to the address, the most recent instance was prior to Xmas last year.

I received a letter from the courts that referred to this CCJ being filed against me in error. The error was on the courts part and they were very apologetic about it. It suggested I was not given the opportunity to defend the case and therefore they would take action to ensure it was removed.

I kept contact with my housemate for the month or so proceeding that date to check up on any further correspondence. There was nothing and therefore I came to the conclusion the issue was resolved.

I noticed the judgement about a week ago and contacted the courts to seek guidance given the note above. The courts agreed that had sent correspondence about the error but that SCS and made another entry.

I belive I now have a number of options -

1 - pay the fine and have the judgement satisfied.
2 - Submit to have the order set aside N244
3 - approach SCS - UKPC for a Consent order to pay and remove the judgement.

- Option one seems very unfair
- Option to will still cost me £255 and I don't have a legal background so I don't know if the detail I have provided make a sufficient defence. If I pursue with option 2 may not then be able to proceed to option 3.
- Option 3 means the judgement is removed from my file but at a significant cost just for going to work. It also means I may have been better not to have followed the previous guidance. As now I have now choice but to engage with UKPC.

if you've got this far thank you so much for being patient.

I would appreciate any advice or guidance.

[charitynjw]

Hi & welcome to LB

.

I received a letter from the courts that referred to this CCJ being filed against me in error. The error was on the courts part and they were very apologetic about it. It suggested I was not given the opportunity to defend the case and therefore they would take action to ensure it was removed.

When was this & can you recall the wording? (Close as possible.)

Do UKPC still operate on that site?

Did you inform DVLA of your change of address, & if yes, when?

[noeland]

Hi,

Thank you for the reply. I only recall that the letter stated an error was made and that as I hadn't been given the opportunity to defend any judgement would be removed. I know that the judgement was entered in November. I could ask the court to send me a copy?

Yes, I believe UKPC are still on the site.

I actually haven't updated my address with the DVLA. I have updated my address with the bank and I could use this to evidence the change in my address.

Many Thanks.

[charitynjw]

Hi,

Thank you for the reply. I only recall that the letter stated an error was made and that as I hadn't been given the opportunity to defend any judgement would be removed. I know that the judgement was entered in November. I could ask the court to send me a copy?
Have you checked anywhere else to see whether there is a CCJ?
Try Trust Online.
It's possible that the credit ref agency haven't been updated.

Yes, I believe UKPC are still on the site.

I actually haven't updated my address with the DVLA. I have updated my address with the bank and I could use this to evidence the change in my address.
You should do so asap.
However, it would seem that the parking co have issued a court claim using the info which they probably obtained a short while after the alleged parking contravention.
Naughty.....people move, & no responses to communications, particularly ones which would have threatened a court claim, should have alerted them to the possibility that you might not be at that same address now.
Are you on the Electoral Register at your current address?

Many Thanks.

####

[noeland]

Have you checked anywhere else to see whether there is a CCJ?

Checkmyfile has the CCj reported on all 4 of the credit reference agencies.


It's possible that the credit ref agency haven't been updated.

Having spoken to the courts (Momday 10th June) to query the judgement they say the entry is correct as SCS reapplied for it.


Are you on the Electoral Register at your current address?

I've never competed the Electoral Road forms at my new address. Having looked at the credit file that still has me on the electoral roll at the old address.

Will have the updates the electoral rool and the DVLA as a matter of urgency.

Thanks again.

[charitynjw]

I've never competed the Electoral Road forms at my new address. Having looked at the credit file that still has me on the electoral roll at the old address.

Ah....you could have a bit of a problem then.
Although they do have a duty of due diligence in finding the correct address to serve a county court claim, if they cannot, with reasonable care, find an up-to-date address, they can serve on the last known address.

What current address is on the credit ref agencies' databases?

[noeland]

I haven't made any applications for credit at my new address. I have been very prudent because I am looking to obtain credit early next year with a clean file and no prior searches.

I have updated my Bank and Credit cards to reflect my new address. These are affiliated to my credit file.

As much as it would plain me to do so is it worth pursuing with an order of consent? How would that process work in terms of payment? Is payment made after consent from both the claimant and the court?

Is a judge likely to reject a request to set aside based on the detail above?

[charitynjw]

Best bet is to write to the Judgment Creditor (formerly the Claimant) & request their consent for a set aside, as the claim form was sent to an old address.
With a bit of luck they won't check specifics & will agree.
The set aside app will then only cost £100, as opposed to £255 without consent.

[noeland]

Hi,

Thanks again for the reply.

Having a looked through the forum/web I haven't found anything around a template letter of consent? Is it something that should be detailed with my rationale for the set aside? Or set out as a request? Is it worth making the suggestion that prior to putting a defence to the courts I'd see the opportunity to set aside by consent? Including some of the detail in the original post.

The Claimant would be UKPC or SCS.

Apologies if these are low level questions?

Many Thanks again.

[charitynjw]

I don't know of a templated consent letter, as obviously details will differ from person to person.
But in your case, if it were me, I'd keep it simple & just state that the claim was served on an incorrect/old address, thereby denying you the opportunity of defending it.
& it's only just come to your notice because...........

[noeland]

Hi,

Thanks again for your guidance, I have received a reply from UKPC/SCS law. I'm not sure what some of terms of content the set out mean.

Would you be willing to review the detail if I sent it to you as a private message? I could post it here as a retracted version of the email.

Many Thanks.

[charitynjw]

Hi,

Thanks again for your guidance, I have received a reply from UKPC/SCS law. I'm not sure what some of terms of content the set out mean.

Would you be willing to review the detail if I sent it to you as a private message? I could post it here as a retracted version of the email.

Many Thanks.

No problem with the PM, but probably best to post a redacted version on here, as you then have the benefit of other views as well.

[noeland]

Thanks again for your reply.

Email as below.

Without Prejudice Save as to Costs

I write further to your email below.

It is our client's position that the Judgment dated 9 November 2018 was validly entered against you, as your last known address was obtained from the DVLA and therefore all the documentation was deemed served on you in accordance with the Civil Procedure Rules. In addition, the parking charge notices would have been affixed to your vehicle at the time and therefore you would have been aware of this matter.

In light of the above, our client will consent to the set aside of the Judgment on the condition that the full Judgment amount of £792.00 is paid within 14 days from the date of this email (and prior to the consent order being signed). Further, our client requests that the consent order is drafted and lodged with the court by you (a court fee of £100.00 will need to be paid by you for the application). (Is it normal to pay in prior to the consent being signed?)

I also understand a judge must agree to set aside the judgement? In submiting the set aside is it necessary for me to put forward a defence? I have stated some of the grounds above, is the grounds that the address was incorrect and the consent from the solicitor likely to be sufficient?


Our client will agree for the consent order to be drafted on the following terms:-

(a) That the Judgment dated 9 November 2018 is set aside.

(b) That upon the Judgment being set aside, the claim is marked as settled. - (Does this mean the judgement is marked settled in my credit file or the claim against me is settled and the judgement is removed)

(c) No order as to costs.


Please confirm if you are agreeable to the above and I look forward to hearing from you within 14 days from the date of this email, as in the absence of such, I anticipate instructions from our client to proceed with enforcement action.

I would advise seeking independent legal advice in respect of this matter

[charitynjw]

Intriguing.
They seem to be admitting that they've used info which they obtained 4/5 years ago to issue a
(fairly ) recent court claim, & thereby securing a default CCJ.
But the admission is within a WP offer.....which imho is no offer at all.
But it will get rid of the CCJ.....at the cost of about £900
How do you want to play it?

[noeland]

I would much sooner not pay the £900, the fines are simply unjust although I'm not legally trained to evidence that in court. I really appreciate the help you continue to offer.

The CCJ on my credit file will inevitably cost me significantly more in the next 6 years though. There is potentially I could even lose my job and be turned away by future employers with it. I've also put a lot of effort into repairing my credit in the last 3 years after being a little indulgent in my younger years.

The Car Park the vehicle was in is was free, solely for employees of the retail park. I was there solely for the purpose of my work. There were likely times the permit had fallen from the windscreen onto the seat or footwell. The permit had to be shared between 2 or 3 cars as only 1 was issued. As mentioned earlier there were also times that the permit was on display and I was still issued a ticket. The pictures were just taken in a frame to cut it out. I worked at this location for 2 years 5 days a week. In that time I was issued these tickets.

I took advice online and that's put me to where I am now. If you think I could substantiate while remaining truthful I would be happy pursing for a set aside.

Will the request for consent play against me on that? Is it leading toward a plea of guilt in a case for defence?

Many thanks again.