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    • jo6677
    • By jo6677 5th Feb 18, 1:56 PM
    • 16Posts
    • 7Thanks
    CCJ from parking Eye Help!!
    • #1
    • 5th Feb 18, 1:56 PM
    CCJ from parking Eye Help!! 5th Feb 18 at 1:56 PM
    Hi all

    We returned from a weekend away to a letter from Equita demanding money and threatening bailiffs. We had absolutely no idea what this was about, initially thinking it was a scam. Anyhow we rang them first thing Monday morning to find out my partner was being chased for a CCJ and bailiff fees. This was a total shock. It turns out it was for overstaying in a car park for 45 mins in April 2017 (a legitimate reason as friend had had a hypo and couldn't be left but as he didn't get a ticket on the car he didn't think twice about it). Anyway, the letter was received from Equita January 19th 2018. The CCJ was applied in August 2017. We received no correspondence from parking Eye. This was because we moved in December 2016 and did not update the V5 document. It was a genuine mistake as it completely slipped our mind due to the property we purchased needing updating and we lived between my parents and sisters house until may/june 2017. My partner payed the fine the following day as Equita said they would let him off the Bailiffs fees if he did.

    I'm wondering where we might stand with the CCJ, whether we can apply to get it removed given that we never received any communication. We still don't know which court it was with or have a case number. Of course had we received the letters we would have dealt with it immediately. This is causing my partner a lot of stress. It seems unfair that it can mar your records for 6 years. The time frame between the Parking infringement and the CCJ doesn't seem long either for them to have made several attempts to contact us i.e. Parking infringement April 3rd to CCJ August 20th or am I clutching at straws. Also to note I have contacted parking on 3 occasions to ask for copies of all previous communications to be forwarded to our new address to make sure they followed procedure and they are yet to comply.
    Any advice will be greatly appreciated. Thank you!!
Page 2
    • jo6677
    • By jo6677 12th Feb 18, 4:22 PM
    • 16 Posts
    • 7 Thanks
    Thank you Quentin and coupon mad. I'll amend it!
    • jo6677
    • By jo6677 13th Feb 18, 12:20 PM
    • 16 Posts
    • 7 Thanks
    I have altered the statement. Please could you tell me if I should remove the "Preliminary Section" :

    I am XXXXXX and I am the Defendant in this matter and this is my supporting Statement in support of my application dated XXXXXXX.

    With the consent of both parties to set aside the Default Judgement dated XXXXX as it was not properly served at my current address and not due to failure to respond on my behalf.


    1. The claimant has failed to prove reasonable steps taken to ascertain the address of the defendant’s current residence or place of business (XXXXX ) as outlined in Civil Procedure Rules 6.9(3)-(4):

    (3) Where a claimant has reason to believe that the address of the defendant referred to in entries 1, 2 or 3 in the table in paragraph (2) [i.e. referring to the Defendant's usual or last known address] is an address at which the defendant no longer resides or carries on business, the claimant must take reasonable steps to ascertain the address of the defendant’s current residence or place of business (‘current address’).

    (4) Where, having taken the reasonable steps required by paragraph (3), the claimant –
    (a) ascertains the defendant’s current address, the claim form must be served at that address; or
    (b) is unable to ascertain the defendant’s current address, the claimant must consider whether there is
    (i) an alternative place where; or
    (ii) an alternative method by which, service may be effected.

    1.1. The claimant should assume that lapse of time, or a failure to respond to correspondence, gives rise to a risk that the defendant has moved.
    1.2. The claimant took no due diligence to check that the details that they had on their systems were up to date!
    1.3. The claimant had no correspondence from the defendant to allow them to assume the address was still current;!
    1.4. Despite having no affirmation that the address was current and ample time to check, The claimant issued proceedings anyway.!

    1. Default Judgement
    1.1. I understand that the Claimant obtained a Default Judgement against me as the Defendant in August 2017. However, this claim form had not been served at my current address and I thus was not aware of the Default Judgement until 22nd January 2018 when I received a letter from Equita. I understand that this Claim was served at an OLD ADDRESS (XXXXXX). However, I moved to a new address in December 2016. In support of this I can provide confirmation from East Sussex County Council showing my updated details for the purposes of paying Council tax (Please see evidence 4).

    1.2. The claimant did not take reasonable steps to ensure the address was still current despite having no affirmation from the defendant and having ample time to check. The claimant still issued proceedings anyway. I thus believe that the Default Judgment against me was issued incorrectly.

    1.3. I have not seen any details of the Default Judgment and I did not know to what the Default Judgement related until I contacted Equita in response to their letter.

    1.4. After some investigating I found out what this related to, an overstay in a carpark in Stockton-on-Tees in April 2017. This was due to a medical emergency as my friend had had a diabetic hypo and could not be left until he had stabilised so I could not leave to top up the meter (please see evidence 3). We moved house in 2016 and because it required asbestos removal and refurbishment we lived between friends until we moved in, in the late spring 2017. Unfortunately this meant a delay in updating our V5 document, a genuine mistake and therefore I did not get an opportunity to respond to the claim or defend our position. I appreciate however that this was due to my error and as such, as soon as I was aware, I promptly paid the debt off in full two days after receiving the letter from Equita (Please see evidence 2). If I had received any of the letters I would have had the opportunity to appeal and/or I would have paid sooner.

    1.5. Considering the points above I was unable to defend this claim and I believe the grounds of the medical emergency would have enabled a dismissal. However I do concede that I made a genuine error of not updating my V5 document until October 2017.
    1.6. I acted quickly to resolve the issue and made the payment two days after I received the letter from Equita and asked ParkingEye if they would agree to a set aside with consent (please see evidence 1).
    1.7. I am hoping that the court agrees a set aside is fair, under the circumstances, and to leave the CCJ would be unfair and not due to any failure to respond on my part.

    2. Order dismissing the claim.
    2.1 The claimant has been paid in full (please see evidence 3).
    2.3 The claimant has agreed to set aside with consent mutually.
    2.4 The Claimant has sent me a signed consent order.
    2.5 Considering the above I request for the judgment made against me to be set aside.

    Statement of Truth:
    I believe that the facts statedin this Witness Staement are true.
    Full Name:!

    • Coupon-mad
    • By Coupon-mad 13th Feb 18, 4:46 PM
    • 53,902 Posts
    • 67,581 Thanks
    'Default Judgement' needs to be paragraph 2, because you have two sets of #1.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • jo6677
    • By jo6677 13th Feb 18, 5:32 PM
    • 16 Posts
    • 7 Thanks
    thank you. Would you keep the preliminary part?
    • Quentin
    • By Quentin 13th Feb 18, 6:19 PM
    • 34,497 Posts
    • 18,463 Thanks
    You are still blaming the claimant who you want to consent to your set aside application.

    When you apply for a set aside by consent you are agreeing that you did owe the claimant and would have settled the claim if you had known about it.

    All the mitigating circumstances etc are irrelevant now.

    Unless as posted you want to fight the claim. In which case you don't apply for set aside by consent, but a set aside.
    • Coupon-mad
    • By Coupon-mad 13th Feb 18, 6:41 PM
    • 53,902 Posts
    • 67,581 Thanks
    thank you. Would you keep the preliminary part?
    Originally posted by jo6677
    I would keep it because it shows the failure to serve the documents was not just yours.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

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