Help please! setting aside CCJ. Is it worth it?

stungbyrogues

Hi there,

I received PCN from Gemini parking solutions last November. I was using a leisure centre at the time which stated on their website "free parking for centre users". I was there approximately 1 hour 30 mins. When I received the PCN, I took a screenshot of the website and complained directly to the leisure centre who took a photocopy of the PCN and said that they'd deal with it (which they clearly didn't). Rightly or wrongly, I decided to take the "militant" approach and have no direct contact with Gemini parking solutions thinking if they take me to court, I have enough evidence against them. Since then, I moved house.

Fast forward 12 months and and my dad who lives at my former address informed me that I have CCJ stating I did not reply to the claim form (which I never received because of the change in address...although he swears he never saw anything at the old address either, just this CCJ)

On the CCJ it says that I owe the claimant £269 (£172 for debt and £97 for fees).
Obviously now I have to get the CCJ set aside which will cost me a court fee of £255 (which is not much less than the £269 with the risk of losing, plus time, stress etc.) The CCJ is dated from a couple of days ago so I want to act quick.

Here lies my problem. It makes me sick to think that out of ease I should just pay up. Out of principal I want to fight this case tooth and nail as I feel I have strong evidence why I don't owe this thieving company a penny. I still have the Screenshot from the time stating that the leisure centre car park is free to users (this has subsequently been changed on their website) I have the invoice for the football pitch to show i was indeed using the facilities. I also have photos of the car park from the time showing that there were no clear signs on the entrance. I even have a photo of the only ticket machine in the area that was covered with a plastic and clearly out of order!

Is it worth pursuing out of principal and risk losing which may mean paying the set aside fee and Gemini (totalling over £500)?
Would there be a chance of claiming the set aside fee back from Gemini?
I'm worried it might work against me as I never updated the DVLA with my new address and also never contacted Gemini telling them I moved (I didn't see why I should as I feel I owe them nothing)
Or should I just cut my loses and be robbed by this company?

Here's a draft of how I was thinking of arguing my case to have it set aside.

"I did not receive initial court papers in the post and I wish to defend this case. I feel I do not owe the parking company any money as it stated on the leisure centre website at the time of parking, that the car park was "free to users" (please see bottom line of attached 1. screenshot from 1/12/16). This has subsequently been changed. I have the booking receipts from the time to prove I was indeed, using the facilities during the length of stay (please see attached 2. invoice). To add, there was no visible signs on the entrance saying I had to pay and the only machine in the area was covered by plastic and not in use (please see attached photos 3. and 4. taken on 1/12/16). I took this up with the leisure centre at the time (also 1/12/16) and a member of staff took a photocopy of the parking fine and said that they would deal with it (which clearly was not carried out on their part). Therefore, I feel the claimants so called debt of £172 and £97 costs for a less than 2 hour stay that was advertised as free is completely ludicrous."

Do I have a case?

Would really appreciate your help.

Thanks

[Deleted User]

If it were me I'd apply to set aside. Especially if I could also produce a statement from someone at my old address saying it's possible court docs were sent but I didn't see any and if I had, I would've forwarded them.

stungbyrogues

I think I will fight this case and apply to set aside. I can get that statement but it would be from a relative with the same surname. Should I send that statement when applying for the set aside or just say that I can provide one? Also, I'm thinking of adding on the end "I will also be looking for claimant to reimburse my set aside fee of £255." so that they know my intentions early on.

Ralph-y

this is the newbies thread

https://forums.moneysavingexpert.com/discussion/4816822

please have a read through .... there several sections that will help you...

good luck

Ralph:cool:

nosferatu1001

You need to provide a draft order with the N244 (newbies thread should show this) and you ask that the £255 is reimbursed within 14 days of the set aside hearing. Some judges defer costs until the actual claim hearing, but if the claimant discontinues you never get that far, and you dont get your costs back.

stungbyrogues

Thanks guys, I'm going to write up a more formal statement using successful statements from the newbies thread as a rough template. Would I be able to post here after to have it checked through by you all? Thanks

nosferatu1001

Of course, just dont give away driver identity, etc here or elsewhere. Not even a hint. Theyre called "the driver"
You will need a witness statement (at least one, the defendant, plus any others) , and evidence etc you have, and all this is included in the applicaiton

You MUST give a draft defence (to show you have a good chance of defending the claim (youre asking the court to spend more time setting aside the judgement and creating a new hearing, so you have to show the hearing would be worthwhile) of no more than one page of A4.

stungbyrogues

Ok here's the draft. Anything you think I need to change or add please let me know. I used a template for the reasons it should be set aside so it may seem a bit familiar (but tried to reword a few things.....might have to do this a bit more) but the second part Is in my own words. Many thanks for your help!

My name is DRIVER and I am the Defendant. This my supporting Statement in support of my application dated

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to:

1. Set aside the Default Judgement dated

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as it was not sent to my current address and order for the Claimant to reimburse the Defendant £255 set aside fee within 14 days of the set aside hearing.

2. Order for the original claim to be heard at a re-hearing.

1. Default Judgement

1.1. I understand that the Claimant obtained a Default Judgement against me as the Defendant.
The claim form was not served at my current address and I thus was not aware of the Default Judgement until

---

when the person living at the current address forwarded it to me. I can provide a signed statement from the person living at my former address stating it's possible the initial court documents were sent but they didn't see any as if they had, they would've forwarded them on to me.

I understand that this Claim was served at

---

. However, I moved to a new address at

---

on the

---

. In support of this I can provide a solicitor’s completion statement showing the date of completion.. The Claimant was also contacted on the phone by the person living at my former address and told that, I the defendant, did not live at

---

anymore. I can provide a signed statement from this person with regards to this.

1.3. I believe the Claimant has behaved unreasonably in pursuing a claim against me without ensuring they held the Defendant’s correct contact details at the time of the claim. They have used information that was at the time ---- months out of date.

1.4. The constant failure by companies to use correct and current addresses results is an unnecessary anxiety and grievance for many people in the U.K. Justice Minister Sir Oliver Heald pointed this out in December 2016 when stated:

"It cannot be right that people who are unaware of debts can see their lives and finances ruined by county court judgments. In the digital age, we must ensure companies pursuing unpaid debts make every reasonable effort to contact individuals, rather than simply relying on a letter to an old address."

1.5. I contest that the Claimant did not fulfill their duty to use the Defendant’s current address when bringing the claim and therefore I was unable to defend this claim. I believe that the Default Judgement against me was issued incorrectly and thus should be set aside and I ask the Court to kindly consider the reimbursement of the fee of £255 within 14 days of the set aside hearing from the claimant, should this request be successful, especially considering the following evidence I can provide with regards to the original claim.



2. I'd like to contend that I am not liable for the Parking Charge from Gemini Parking Solutions due to these points:

- Free parking for users stated on leisure centre website at time of parking.
- No indication I had to pay for my stay.
- Only pay and Display ticket machine in the area out of use and covered in plastic.

Summery of events.

2.1 I parked for less than 2 hours in

---

leisure centre car park from around 9:00pm -10:30pm . This car park was at the time of parking, advertised on the lesuire centre's website as "free to users". Please see exhibit A. - Screenshot of the leisure centre's website home page (from 1/12/2016). On the bottom line in brackets, it states "free to users". This has subsequently been changed on their current website.

2.2. Please see Exhibit B. - An invoice from the Leisure centre from November - December to our club representative, showing I was indeed using the facilities of the leisure centre at the time.

2.3 I was unaware of any signs saying that I needed to pay for the use of parking. A week later, on the

---

I revisited the site to see if there were any. Upon arriving, I took pictures of the entrance to the car park as there was no visible signs anywhere. I also took a picture of the only thing that resembled a pay and display machine in the area, which was covered in grey plastic and clearly not in use. Please see Exhibit C. and D. I still have these photos dated

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on my computer.

2.4 On the same evening of

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I took all the above evidence to the Leisure centre directly and pointed out on the website it stated "free to users" and that there were no clear signs and only one pay and display machine in the area which was covered and out of use. A member of staff on reception then took a photocopy of my PCN letter and said that she would deal with the PCN and get it rescinded by Gemini Parking Solutions (which was clearly not done) and I wouldn't have to pay.

2.5 Considering the evidence above, I feel I do not owe Gemini parking solutions for my stay in the car park.

[Deleted User]

To be honest, I'd get the statement from the relative now. What you're saying is that the claimant was on notice that the defendant had left and the claimant (a) ignored that and/or (b) failed to enquire during the call what the forwarding address was.

stungbyrogues

Brilliant, Thank you. I have now amended it to include the relatives statement to send at the same time as the set aside application.

Is there anything else I should change add? Also, do you think I have enough evidence in part 2. to contest the charge?

At the time I remember getting all this evidence (photos, screenshots etc.) thinking, if they do decide to take me to court, I've got more than enough to show I do not owe them a single penny (which is why it's so frustrating I did not receive the initial court papers!) But as this is the first time I've been in a situation like this, I don't know if even that is enough.

stungbyrogues

Hi again, sorry to go on again.

I've been so stressed by this whole situation since I found out about this CCJ I am considering a counter claim against the parking company. Would this be wise? Without giving you a sob story, I suffer from anxiety and depression and this whole situation has been unnecessarily detrimental to my mental health. I spent most of the weekend in bed a complete nervous wreck and I couldn't function as I was worried about the consequences of this case. I don't think these thieving car parking companies realise how something like this can affect a person. I don't understand how they can get away with putting out court claims against people for something that they do not owe. It boils my blood!

If I were to do this, what would I ask for? I don't really care about the money (apart from my £255 set aside fee) I just want to make these companies think twice before threatening people for something they do not owe. I know in reality that's not likely to affect them too much but if I counter claim and win I'd feel a lot better about this situation as I know this has affected me much more than it has them. For me and probably most people on here, it's about principal. I'm tempted to ask for something like what they have been pursuing me for.

So the question is, would it be worth adding this to my set aside application or could it make it worse and risk blowing the whole thing?

Many thanks in advance.