Unexpected CCJ From Civil Enforcement LTD

As follows is my version of the statement, please tell me your thoughts.

1.1 - Struggled to word correctly in my terms as i have generally moved around a lot because of work, still to the point though they used correspondence where i moved out from before the date the claim was set.

2.3 & 2.4 - Just to clear up on that subject, in simple terms, is it trying to prove that no matter who the registered keeper of the vehicle is, theres nothing they can do unless they prove who was driving at the time of the supposed incident?

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In The County Court Business Centre
Claim Number: (NUMBER)


BETWEEN:


Civil Enforcement LTD (Claimant)
And
(FULL NAME) (Defendant)


_____________________________________


WITNESS STATEMENT

______________________________________


I am (FULL NAME) and I am the Defendant in this matter.
This is my supporting Statement in support of my application dated (DATE) and wish that the following to be ordered:

1. The judgment dated (DATE) to be set aside and dismissed.

2. The Claimant do pay and reimburse the Defendant's costs of the court fee to the sum of (COST).


1. Default Judgement

1.1. I understand that the Claimant obtained a Default Judgement against me as the Defendant on (DATE). However, this Claim form has not been served at my current address or to my knowledge any of the addresses within the period until now and I was not aware of the Default Judgement until (DATE) when I was doing a routine check on my credit file. I understand that this Claim was served at an OLD ADDRESS (ADDRESS). However, I have moved from that particular address as from the (DATE) and between then upon till now I have moved various locations due to my job role (HM Armed Forces) and currently am situated between a work address and personal address. I can support my current personal address by providing details for the purposes of being named on the Council Tax and for work addresses can provide job related paperwork.

1.2. I have also never received any previous documentation from the Claimant in this matter and I was never able to properly challenge the Claimant’s Claim.

1.3. On the (DATE) I contacted County Court Business Centre to find out details of the Default Judgement, however The Particulars of Claim contain no details of the alleged incident and I do not know what the Default Judgement relates to.

1.4. On (DATE) I attempted to contact the Claimant using information given to me by County Court Business Centre. I was not able to get through to a member of the Claimant’s staff to discuss, nor have I received a response to my answer phone messages left on the Claimant’s answer phone. This means as the Defendant, I still do not have any details of the incident the Claimant alleges has taken place, other than the summary of charges now owed, which is shown on The Particular of Claim.

1.5. I believe the Claimant has behaved unreasonably in pursuing a Claim against me without ensuring they hold a correct and up to date correspondence for the Defendant. The Claimant’s persistent failure to use correct and current addresses results is an unnecessary burden for individuals and the justice system across the country.

1.6. On the basis provided above I would suggest that the Claimant did not fulfil their duty to use the Defendant’s correct address or act with genuine intention to alert the Defendant when bringing the Claim, therefor purposely using methods in which to win the Claimant’s Claim.

1.7. Considering the above, I was most definitely unable to defend this Claim and believe that the Default Judgement against me was issued incorrectly and should be set aside.


2. Order Dismissing the Claim

2.1. I further believe that the original Claim by the Claimant has no genuine honesty and should be dismissed. I understand that the Claimant is a parking company which seeks to claim for ‘Parking Charge Notices’ which the Claimant I can only assume believes are due to a result of an alleged breach of contract for parking by a motorist.

2.2. If the Claimant has obtained details of the vehicle for which the Defendant is the Registered Keeper and has used those details to make a claim for a ‘Parking Charge Notice’, I dispute the Claim as I do not know the wording of the contract nor do I know the means by which the contract was alleged to come into force.

2.3. If the Claimant can evidence that the alleged incident relates to a vehicle for which the Defendant is the Registered Keeper, any Notice to Keeper served by the Claimant would have needed to comply with the requirements of Schedule 4 of the Protection of Freedoms Act 2012. Otherwise, the Claimant is required to prove the driver of the vehicle they claim was involved in the alleged incident. I submit that the Claimant cannot provide such evidence and further submit the Claimant cannot hold the Defendant automatically liable for the alleged incident merely for being the Registered Keeper of a vehicle.


2.4. A requirement of the Protection of Freedoms Act 2012 is that this any Notice to Keeper served by the Claimant must be served within 14 days of the date of the alleged incident. Since I have not received any single correspondence from the Claimant prior to finding out about the Default Judgement, I submit the Claimant will not have complied with the requirements of the act and cannot claim this charge against me as the Registered Keeper.

2.5. I further submit that the Claimant’s Claim is without genuine purpose due to substantial issues in law. This is for the following reasons:

2.5.1. Lack of Standing by Claimant: The Claimant is unlikely to be the landowner of the car park in question and will have no proprietary interest in it. Any consideration will have been provided by the landholder and only they would have been able sue for any damages or trespass.

2.5.2. No Loss Suffered by Claimant: The Claimant’s Claim is based on outstanding debt and damages for alleged breach of contract. It is a fundamental principle of English Law that a party who suffers damages through breach of contract can only seek through court action to be put back in the same position as they would have been if the breach had not occurred. In order to do so, they must demonstrate their actual, or genuine, pre-estimate of loss. I submit that no loss has been suffered by the Claimant as a result of any alleged breaches of contract on the part of any motorist of the vehicle of which I am the Registered Keeper. I further submit that any loss to the landholder, they would be the only party in this case to be able to claim such losses.

2.5.3. Claimed Charge Is an Unenforceable Penalty: I further submit that the Parking Charge that the Claimant claimed, given it is not based on any loss suffered due to the alleged breach, is nothing but an unenforceable penalty.

2.5.4. No Contract with The Claimant: Any contract must have offer, acceptance and consideration both ways. There would not have been consideration from the Claimant to the motorist; the fee for parking benefits the landowners, not the Claimant. Therefore, there is no consideration from the motorist to Civil Enforcement LTD.

2.6. On this basis I believe that the Claimant has not provided any reasonable cause of action and that the Claim should be dismissed in its entirety and further believe the Claimant should reimburse the Defendant’s court fee costs.

2.7. In order to make informed decisions and statements in my defence as Keeper of the Vehicle, I will require as much picture proof evidence and copies of all paperwork from the Claimant.




Statement of Truth:
I believe that the facts stated in this Witness Statement are true.
Full name: (FULL NAME)

Dated: (DATE)

Signed:

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No worries, will do & shall let you know on my progress