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  • FIRST POST
    • zebrarose
    • By zebrarose 17th Mar 17, 1:41 AM
    • 79Posts
    • 10Thanks
    zebrarose
    CCJ and my Credit Score- All correspondence sent to address from 2013
    • #1
    • 17th Mar 17, 1:41 AM
    CCJ and my Credit Score- All correspondence sent to address from 2013 17th Mar 17 at 1:41 AM
    Apologies if this has been covered. I've tried to locate relevant threads.

    Last weekend I was to move into a new property, but failed the reference checks due to a CCJ. I was absolutely dumbfounded as to what it would be for and the landlord completing the check would not give any information.

    I contacted the CCJ Business Centre to find out what it was relating to and discovered that it was for a parking charge from a PPC. The CCJ BC said that it was relating to an address I lived at 4 years ago. Since then I have moved twice and had always had my address up to date with the DVLA. Any correspondence should have been sent to the correct address.

    The CCJBC said that the case was submitted by Gladstones. Gladstones then said that the case is out of their hands and now with DCBL (debt collectors). The CAB and debt collectors advised I apply for the CCJ to be set aside, which I understand costs £255.00? What about my credit score though? I am unable to move (repossession of rented property due to lardlord requirements) and unable to get a new lease due to this CCJ.

    The original parking charge was for not displaying a residence permit. The charge was disputed with the PPC and the landowner and both rejected it (More Information can be provided regarding the charge if required/relevant).

    The CCJ was issued in September 2016 and I have just found out about it. The time frame to appeal the CCJ has passed (as I did not receive any correspondence- due to them using address from 4 years ago). I have been reading, researching and been to the CAB ever since and have not found what the next step should be.

    Any help would be greatly appreciated. I really feel overwhelmed with this stress
    Last edited by zebrarose; 17-03-2017 at 1:44 AM.
Page 6
    • zebrarose
    • By zebrarose 17th Jun 17, 8:48 AM
    • 79 Posts
    • 10 Thanks
    zebrarose
    Draft order is just this or something like this (dates to be inserted by judge):


    [court heading as you've set it out in your ws]


    then in the "tramlines" as we call them (where you've put WS in your WS)
    DRAFT ORDER


    Then under that:


    Before DJ sitting at on the day of 2017


    IT IS ORDERED THAT:-


    1. The order dated [date of default judgment] be set aside
    2. The Claimant do file full Particulars of Claim setting out the cause of action and including its authority to bring the claim, by 2pm on
    3. The Defendant do file and serve a Defence by 2pm on
    4. The parties do serve any evidence and documents on which they seek to rely by 2pm on
    5. The matter be assigned to the small claims track and transferred to [insert your home county court]
    6. The Claimant do pay the Defendant's costs of and incidental to this application in the sum of £255 within 14 days hereof




    They require a draft order saying what it is you want them to order, in the case of every application.
    Originally posted by Loadsofchildren123

    Do I send this draft order in with the N244 form and WS?
    • zebrarose
    • By zebrarose 17th Jun 17, 8:52 AM
    • 79 Posts
    • 10 Thanks
    zebrarose
    Is anyone able to help me please?
    Where do I get the 'reference from particulars of claim' to complete the N244?
    Number 4 of the N244 'Have you attached a draft of the order you are applying for?' I've ticked 'No'. Is that ok?
    Number 9a: 'give the service address'- Is that the address of Gladstone's OR Parking and Property Management?
    Originally posted by zebrarose

    Any help would be much appreciated please.
    • Coupon-mad
    • By Coupon-mad 17th Jun 17, 8:36 PM
    • 47,054 Posts
    • 60,422 Thanks
    Coupon-mad
    Do I send this draft order in with the N244 form and WS?
    Originally posted by zebrarose
    Yes I reckon so.
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the trail, top of this page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    DON'T read old advice to ignore, unless in Scotland/NI.

    • Loadsofchildren123
    • By Loadsofchildren123 18th Jun 17, 10:30 PM
    • 890 Posts
    • 1,498 Thanks
    Loadsofchildren123
    The ref is THEIR ref that they have put on the claim form

    Point 4 tick yes

    Point 9, yes put Gladstones address that they've put on the claim form
    • zebrarose
    • By zebrarose 19th Jun 17, 4:51 PM
    • 79 Posts
    • 10 Thanks
    zebrarose
    I'm not sure if the IPA CoP was breached regarding the dates:
    7/11/15 Parking Charge received
    26/11/15 appeal with PPC sent
    13/12/15 rejected by PPC
    9/16 default judgement
    Originally posted by zebrarose

    Is Gladstones address:


    22 Market Place, Arnold, Nottingham. Nottinghamshire, NG5 6ND
    OR
    The Terrace, High Legh Park Golf Club, Warrington Road, High Legh, Knutsford, Cheshire, WA16 6AA?


    Also, is the Claimants name Gladstones or the PPC?


    I don't have a claim form as the got a default judgement, I guess I am going to have to call them to find out what it is.


    When referencing the Beavis case regarding the signage, is it this part:

    2.3 At all material times since then, the Claimant has displayed about 20 signs at
    the entrance to the car park and at frequent intervals throughout it. The Defendants
    do not dispute that the signs are reasonably large, prominent and legible, so that
    any reasonable user of the car park, including themselves, would be aware of their
    existence and nature and would have a fair opportunity to read them if they wished.
    2.4 The signs are worded as follows (the words I have underlined being especially
    large and prominent, and the words I have italicised being in small print but still
    legible if one wished to read them)


    I also revisited the site and they have 5 very conspicuously placed signs covered by foliage and with small print. I took pictures to bring into court for when I finish this WS. My WS is so big it seems more or less the same as a skeleton. Is a skeleton necessary? I know it is supposed to help you and the judge see it clearly, but it is so overwhelming.


    Could anyone please have a look at the link to what I have so far:
    https://1drv.ms/w/s!Apr4KxqM2VPBmHQsX8O_RCz9JbBr



    Last edited by zebrarose; 19-06-2017 at 5:38 PM.
    • zebrarose
    • By zebrarose 20th Jun 17, 1:42 PM
    • 79 Posts
    • 10 Thanks
    zebrarose
    Also, what is it that gets sent off with the N244 set aside application?
    So far I have:
    -Draft order
    -Witness Statement
    - Schedule of costs
    - PoFa schedule 4
    - Part 27 of the Small Claims Track
    - Annual 2015 Greenway understanding keeper liability
    - Beavis case signage
    - Case Law:

    • PCM v Mr Bull
    • Excel v Lamoureux
    • Jopson v Homeguard
    • Pace v Mr N
    • Saeed v Plustrad
    • Link Parking v Mrs P
    - Copy of my Tenancy agreement
    - Photographic evidence of the site and the signage
    - Video evidence of the site and the signage
    - Copies of each of my drivers licence's at every address I've lived at as a gesture of compliance


    Thanks in advance for any assistance
    Last edited by zebrarose; 20-06-2017 at 5:03 PM.
    • zebrarose
    • By zebrarose 20th Jun 17, 5:34 PM
    • 79 Posts
    • 10 Thanks
    zebrarose
    Also, I have contacted the tenancy agency and they said that they cant provide the contract that they have with the PPC to me...
    • Coupon-mad
    • By Coupon-mad 21st Jun 17, 12:28 AM
    • 47,054 Posts
    • 60,422 Thanks
    Coupon-mad
    No they probably can't, but the PPC will have to produce it in court.

    Your set aside is well prepared, with a lot more to back your case than most people supply, I expect.
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the trail, top of this page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    DON'T read old advice to ignore, unless in Scotland/NI.

    • zebrarose
    • By zebrarose 21st Jun 17, 1:05 AM
    • 79 Posts
    • 10 Thanks
    zebrarose
    Is the skeleton argument prepared after they get served and is that the time both sides get 14 days to prepare a Defence against each other?

    Could I claim for loses due to the default judgement? I.e I failed a tenancy check due to the ccj and lost £175.
    • zebrarose
    • By zebrarose 21st Jun 17, 2:08 PM
    • 79 Posts
    • 10 Thanks
    zebrarose
    Could anyone help with these questions please?
    [QUOTE=zebrarose;72723702]Also, what is it that gets sent off with the N244 set aside application?
    So far I have:
    -Draft order
    -Witness Statement
    - Schedule of costs
    - PoFa schedule 4
    - Part 27 of the Small Claims Track
    - Annual 2015 Greenway understanding keeper liability
    - Beavis case signage
    - Case Law:

    • PCM v Mr Bull
    • Excel v Lamoureux
    • Jopson v Homeguard
    • Pace v Mr N
    • Saeed v Plustrad
    • Link Parking v Mrs P
    - Copy of my Tenancy agreement
    - Photographic evidence of the site and the signage
    - Video evidence of the site and the signage
    - Copies of each of my drivers licence's at every address I've lived at as a gesture of compliance


    Thanks in advance for any assistance
    Is the skeleton argument prepared after they get served and is that the time both sides get 14 days to prepare a Defence against each other?

    Could I claim for loses due to the default judgement? I.e I failed a tenancy check due to the ccj and lost £175.
    Originally posted by zebrarose


    Would anyone be able to look through my WS please?
    https://1drv.ms/w/s!Apr4KxqM2VPBmHQsX8O_RCz9JbBr

    Would anybody be able to assist with these questions please...
    Last edited by zebrarose; 21-06-2017 at 2:32 PM.
    • Coupon-mad
    • By Coupon-mad 21st Jun 17, 4:54 PM
    • 47,054 Posts
    • 60,422 Thanks
    Coupon-mad
    Could I claim for loses due to the default judgement? I.e I failed a tenancy check due to the ccj and lost £175.
    Originally posted by zebrarose
    Yes but you'd have to write a counter-claim. You can tell the Judge at your set aside hearing that you intend to counter-claim once the case is set aside to start again, and ask if his/her Directions can take account of the intended counter-claim. You'd have to have details of that loss with you as well, to prove you have the basis of a case to counter-claim. Be prepared, take it all with you.

    Alternatively, claim afterwards, once you've got through this, defended and won this case.
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the trail, top of this page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    DON'T read old advice to ignore, unless in Scotland/NI.

    • zebrarose
    • By zebrarose 22nd Jun 17, 1:28 PM
    • 79 Posts
    • 10 Thanks
    zebrarose
    Also, what is it that gets sent off with the N244 set aside application?
    So far I have:
    -Draft order
    -Witness Statement
    - Schedule of costs
    - PoFa schedule 4
    - Part 27 of the Small Claims Track
    - Annual 2015 Greenway understanding keeper liability
    - Beavis case signage
    - Case Law:

    • PCM v Mr Bull
    • Excel v Lamoureux
    • Jopson v Homeguard
    • Pace v Mr N
    • Saeed v Plustrad
    • Link Parking v Mrs P
    - Copy of my Tenancy agreement
    - Photographic evidence of the site and the signage
    - Video evidence of the site and the signage
    - Copies of each of my drivers licence's at every address I've lived at as a gesture of compliance


    Thanks in advance for any assistance




    Would anyone be able to look through my WS please?
    https://1drv.ms/w/s!Apr4KxqM2VPBmHQsX8O_RCz9JbBr

    Would anybody be able to assist with these questions please...
    Originally posted by zebrarose

    Could anyone please proof read the WS?
    • Timothea
    • By Timothea 22nd Jun 17, 5:46 PM
    • 129 Posts
    • 256 Thanks
    Timothea
    Regarding rights of audience, I found two other sources that may help to clarify matters. The first is an article by District Judge Robert Hill in The Law Society Gazette in 2010, which is most illuminating:

    https://www.lawgazette.co.uk/law/right-of-audience/57199.article

    DJ Hill is (or was) a member of the Civil Procedure Rules Committee.

    The second is statement by the Chartered Institute of Legal Executives of its members' rights of audience, which are basically the same as any other unqualified advocates:

    http://www.cilex.org.uk/membership/practice_advice/rights_of_audience/members_rights_of_audience

    I think that both of these could be helpful in court.
    • zebrarose
    • By zebrarose 22nd Jun 17, 6:00 PM
    • 79 Posts
    • 10 Thanks
    zebrarose
    Regarding rights of audience, I found two other sources that may help to clarify matters. The first is an article by District Judge Robert Hill in The Law Society Gazette in 2010, which is most illuminating:

    https://www.lawgazette.co.uk/law/right-of-audience/57199.article

    DJ Hill is (or was) a member of the Civil Procedure Rules Committee.

    The second is statement by the Chartered Institute of Legal Executives of its members' rights of audience, which are basically the same as any other unqualified advocates:

    http://www.cilex.org.uk/membership/practice_advice/rights_of_audience/members_rights_of_audience

    I think that both of these could be helpful in court.
    Originally posted by Timothea

    Thank you for those. I have those printed for the judge.
    Any help with the below:


    In the County Court at Hertford


    Claim No.: Xxxxxxxxx


    Between:


    Parking & Property Management Limited (Claimant)




    -v-




    Defendant Name


    (Defendant)





    DEFENDANT’S SCHEDULE OF COSTS





    Ordinary Costs





    Loss of earnings/leave, incurred through attendance at Court …../….../2017 £72.00

    Return mileage from home address to Court (e.g. 2 miles x £0.45) £0.90

    Parking near Court £5.00

    Sub-total £77.90 ======




    Further costs for Claimant’s unreasonable behavior, pursuant to Civil Procedure Rule 27.14(2)(g)

    Research, preparation and drafting of documents (10 hours at Litigant in Person rate of £19 per hour) £190.00

    Stationery, printing, photocopying and postage: £15.00



    Reimbursement of Set Aside fee: £255.00


    Loss of tenant referencing fee: £175.00

    Sub-total £635.00 ======





    £ 712.90 TOTAL COSTS CLAIMED
    Last edited by zebrarose; 22-06-2017 at 6:53 PM.
    • Coupon-mad
    • By Coupon-mad 22nd Jun 17, 8:43 PM
    • 47,054 Posts
    • 60,422 Thanks
    Coupon-mad
    Yes, go for it. Including this bit:

    Loss of tenant referencing fee: £175.00
    Will mean you must take evidence for your planned counter-claim, to court with you, and ask for suitable Directions including the counter-claim once the CCJ is set aside.
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the trail, top of this page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    DON'T read old advice to ignore, unless in Scotland/NI.

    • zebrarose
    • By zebrarose 22nd Jun 17, 10:33 PM
    • 79 Posts
    • 10 Thanks
    zebrarose
    Ok, I will prepare a counter claim. From my research, a counter claim is submitted with the defence after being served, right?
    • Coupon-mad
    • By Coupon-mad 22nd Jun 17, 10:36 PM
    • 47,054 Posts
    • 60,422 Thanks
    Coupon-mad
    Yes, with the defence. And you would need to ask the court when to pay the £25 for your claim.
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the trail, top of this page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    DON'T read old advice to ignore, unless in Scotland/NI.

    • zebrarose
    • By zebrarose 22nd Jun 17, 10:48 PM
    • 79 Posts
    • 10 Thanks
    zebrarose
    First things first though.... is anyone free to check my Witness Statement?

    https://1drv.ms/w/s!Apr4KxqM2VPBmQPbNrOIeve2fBmQ
    • zebrarose
    • By zebrarose 22nd Jun 17, 11:00 PM
    • 79 Posts
    • 10 Thanks
    zebrarose
    Is the skeleton submitted with the WS or defence?
    • zebrarose
    • By zebrarose 22nd Jun 17, 11:07 PM
    • 79 Posts
    • 10 Thanks
    zebrarose
    Yes but you'd have to write a counter-claim. You can tell the Judge at your set aside hearing that you intend to counter-claim once the case is set aside to start again, and ask if his/her Directions can take account of the intended counter-claim. You'd have to have details of that loss with you as well, to prove you have the basis of a case to counter-claim. Be prepared, take it all with you.

    Alternatively, claim afterwards, once you've got through this, defended and won this case.
    Originally posted by Coupon-mad



    Is Gladstones address:


    22 Market Place, Arnold, Nottingham. Nottinghamshire, NG5 6ND
    OR
    The Terrace, High Legh Park Golf Club, Warrington Road, High Legh, Knutsford, Cheshire, WA16 6AA?


    Also, is the Claimants name Gladstones or the PPC?


    When referencing the Beavis case regarding the signage, is it this part:

    2.3 At all material times since then, the Claimant has displayed about 20 signs at
    the entrance to the car park and at frequent intervals throughout it. The Defendants
    do not dispute that the signs are reasonably large, prominent and legible, so that
    any reasonable user of the car park, including themselves, would be aware of their
    existence and nature and would have a fair opportunity to read them if they wished.
    2.4 The signs are worded as follows (the words I have underlined being especially
    large and prominent, and the words I have italicised being in small print but still
    legible if one wished to read them)


    I also revisited the site and they have 5 very conspicuously placed signs covered by foliage and with small print. I took pictures to bring into court for when I finish this WS. My WS is so big it seems more or less the same as a skeleton. Is a skeleton necessary? I know it is supposed to help you and the judge see it clearly, but it is so overwhelming.


    Could anyone please have a look at the link to what I have so far:
    https://1drv.ms/w/s!Apr4KxqM2VPBmHQsX8O_RCz9JbBr



    Originally posted by zebrarose
    Do I submit the photos and video with the WS? What is an acceptable form of video I.e cd, USB or on your phone at the hearing?
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