CCJ - SCS Law - UKPC

[charitynjw]

If it were me I'd SAR both the sols & the parking co for all data held, & would ask the sols to extend their deadline for a response until the SARs were responded to plus suitable extra time allowed to review your legal position.
As the judgment was in Nov 2018, you've lost the opportunity of paying within a month anyway.

[noeland]

Hi,

Something that does come to mind is that the vehicle in question was never registered at the address the correspondence was sent to. I'm not sure how they have obtained my details? Is the fact they have potentially tried to trace me a case against me in court? How would they have obtained my address by a legitimate means?

Appologies I hadn't noticed the thread had moved into two pages.

if I pursue to a SAR request, is the case then that these documents are vetted for there compliance? I've seem a number of examples of this in similar threads.

Many thanks again.

[charitynjw]

Hi,

Something that does come to mind is that the vehicle in question was never registered at the address the correspondence was sent to. I'm not sure how they have obtained my details? Is the fact they have potentially tried to trace me a case against me in court? How would they have obtained my address by a legitimate means?

Appologies I hadn't noticed the thread had moved into two pages.

if I pursue to a SAR request, is the case then that these documents are vetted for there compliance? I've seem a number of examples of this in similar threads.

Many thanks again.

Perhaps more to the point is how come they didn't trace your current address before securing a judgment, then having done so, hey presto!............ they have no problem finding your current address

[noeland]

Thanks,

I've submitted a reply (via email) to SCS and requesting this be forwarded to UKPC. Including the SAR for both parties using the template from the forum.

Do I need to follow this up with a written letter via post?

Thanks again for your continued support.

[charitynjw]

Thanks,

I've submitted a reply (via email) to SCS and requesting this be forwarded to UKPC. Including the SAR for both parties using the template from the forum.

Do I need to follow this up with a written letter via post?

Thanks again for your continued support.

If it were me I'd send via land mail as well, & i'd obtain proof of posting. (The PO will give a free certificate of posting on request.)
Belt'n'braces for me!

[noeland]

Hi Charity,

In one of you're earlier replies your asked if UKPC were still operating at the location, it looks like this is a No. The Car Park is being demolished and undergoing redevelopment, the service yard I was in was managed as part of the same contract.. Is this something that changes my position?

I've had acknowledgement from SCS and they are consulting with UKPC about my SAR request. Is there anything I should be doing in the meantime, I understand timely action is appropriate for a judge to consider setting aside once a defendant is aware of the default CCJ.

Many Thanks.

[charitynjw]

Hi Charity,

In one of you're earlier replies your asked if UKPC were still operating at the location, it looks like this is a No. The Car Park is being demolished and undergoing redevelopment, the service yard I was in was managed as part of the same contract.. Is this something that changes my position?
Yep.
It means that it is now impossible for you to verify any evidence which they disclose & intend to rely on.
& as the alleged incident was 4 or 5 years ago & they've only recently decided to enforce, see laches.

I've had acknowledgement from SCS and they are consulting with UKPC about my SAR request. Is there anything I should be doing in the meantime, I understand timely action is appropriate for a judge to consider setting aside once a defendant is aware of the default CCJ.
The consent letter & SAR should really go direct to the judgment creditor. (Ex Claimant.)
I'd forward a copy of the email to them. (Being a pedant, like!)

Many Thanks.

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[noeland]

Hi Charity,

I hope you're well, I now have a response from UKPC to my SAR. They have sent across copies of 5 tickets, 4 NTK.

I mentioned in my earlier post that there was an instance that a charge was placed on my vehicle despite a permit being on display. It turns out I appealed this ticket and was sent a letter with the outcome being that there was evidence the permit was not on display. This simply is impossible, it was on the windscreen. They did offer to reduce the payment to £15 although I know I have never made a payment they haven't pursued the case.

I also have the correspondence between the courts and the Solicitors with both the judgements included.

Should I post the documents appropriately redracted here?

Many thanks again.

[charitynjw]

Should I post the documents appropriately redracted here?

Yes please.

[noeland]

####

[ostell]

Take down the PCN, remove the PCN number and repost (it appears twice)
The notice does not comply with POFA paragraph 8:

no period of parking
no statement that the driver is liable
no creditor identified.

And any others that you find. Short letter to the pointing out the deficiencies and you will not be naming the driver as there is no legal obligation to do so

[noeland]

Hi Ostell,

Thanks for the reply, I have followed you're instruction and removed previous post. Also attached now are the 4 separate PCN, Final Reminder, NTK and court documents from SCS that I have obtained with the advice from Charity to SAR. I apologise if its an overload of information, I think I've successfully redacted now.

As this claim has now been through the court and a default judgement issued, I'm not sure the short letter will be sufficient. I would like to understand the case I have should i seek to set aside the judgement. That would be on the basis of these documents being non compliant, documents being served on the incorrect address in addition to the latches suggestion previously made by Charity. The further consideration is that the keeper always held a permit to park in the location.

I'd appreciate any advice you may have, if there is a case I assume the next step is submitting the N244 for set aside to the court. If there is little or no case I would seek to resolve under consent with UKPC.

Many Thanks.

[noeland]

Hi Ostell,
Having read through a previous thread for a set aside I've noticed there's a timeliness required around submitting a N244. Is it wise that I submit an N244 to approach the set aside and follow up with a full defence later? Will the papers being served on the incorrect address be sufficient for now?

This way at least something is in motion.

[noeland]

Is anyone able to offer some guidance? I am unsure where to go next?

Thanks in advance.

[noeland]

Hi,

Please could someone offer some guidance for me.

Many Thanks in advance.

Neil