CCJ from parking Eye Help!!

Coupon-mad

You don't send PE £100. You said he'd already gone and paid them (Equita) in a panic.

The £100 is the court fee for the set aside application, once PE have signed your partner's consent order. Your partner then applies and pays the court £100 to nod it through and remove the CCJ.

I wish he had not paid PE, this could have been set aside and fought.

jo6677

Thank goodness you cleared that up coupon-mad, I'd have sent it to them! Yes in hindsight it would have been better not to have paid. I think when he rang Equita they originally said the fine was nearly £650 but they then 'let him off' the bailiff fee as he as contacted them. I told him not to pay until after some research but I think he panicked about the CCJ and threat of bailiffs.

jo6677

Is there any argument if the driving license was updated 2 weeks after moving? Guessing they aren't linked to the V5 but seems illogical that they couldn't check this to confirm right address when they were getting no response. The more i'm researching the more i wish the fine wasn't paid as i feel confident we could have got a set aside on numerous reasons.

Quentin

No argument as far as your case is concerned.


Your DL is nothing to do with you notifying dvla about your vehicle

jo6677

In anticipation that P.E might agree to a set aside with consent I have drafted this w.s. Please could someone have a quick read. I'm not sure if all the detail in 1.8 is appropriate. Many thanks in advance:

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.


Preliminary

1. The claimant has failed to prove reasonable steps taken to ascertain the address of the defendant!!!8217;s current residence or place of business (!!!8216;current address!!!8217;) 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!!!8217;s current residence or place of business (!!!8216;current address!!!8217;).

(4) Where, having taken the reasonable steps required by paragraph (3), the claimant !!!8211;
(a) ascertains the defendant!!!8217;s current address, the claim form must be served at that address; or
(b) is unable to ascertain the defendant!!!8217;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 has not been served at my current address and I thus was not aware of the Default Judgement until January XXXX when I received a letter from Equita. I understand that this Claim was served at an OLD ADDRESS (xxxxx). 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.

1.2. I have also never received any previous documentation from the Claimant in this matter and I thus was never able to properly challenge the Claimant!!!8217;s claim.

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. On 20/01/2017 I contacted the Claimant online by using information given to me by Equita to find out what the claim was for. Once I was informed of the date and location of the incident I explained to ParkingEye that my overstay had been the result of a medical emergency where my friend had had a diabetic hypoglycaemic attack and could not be left until his blood sugars had stabilised (please see evidence 2). In any case I was informed that it was too late to appeal as the Default Judgement had been granted.


1.5. I believe the Claimant has behaved unreasonably in pursuing a claim against me without ensuring they held the Defendant!!!8217;s correct contact details. According to publicly available information my circumstances are far from being unique. The Claimant!!!8217;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. 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.

1.7. On the basis provided above I would suggest that the Claimant did not fulfill their duty to use the Defendant!!!8217;s current address when bringing the claim.

1.8. Considering the points above I was unable to defend this claim properly 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. I had changed my address details with the DVLA for the purpose of my driving license in December 2016 and for the council tax and electoral role. This oversight occurred as a result of our stressful personal circumstances as after we moved we had to live between my parents-in-law and sister-in-laws house from January 2017 whilst our property underwent asbestos removal and refurbishment and we moved back into our property in early summer. We were also dealing with another legal issue that had been going on for 3 years regarding cavity wall insulation. (relevance??)[/I][/B]

1.9. As a result I made the payment on January 2018 two days after I received the letter from Equita and asked if they would agree to a set aside with consent (please see evidence 1).

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:!



DATED:

Quentin

You don't need all that for a set aside by consent!


Read up on set aside by consent to see what is needed - eg. the creditor is unlikely to consent if you intend telling the court you believe they are unreasonable etc!

jo6677

Do I not have to present the argument as to why it happened in the witness statement as I thought the judge may not agree with the consent order?

Quentin

jo6677 wrote: »

Do I not have to present the argument as to why it happened in the witness statement as I thought the judge may not agree with the consent order?

Yes you send in an explanation (not an "argument") of how the default happened, but not a defence to the claim!


If you now want to challenge the CCJ then you should apply for a set aside (as opposed to a set aside by consent)

Coupon-mad

Yes, set out how come you never had a chance to respond to the claim, so the court knows that 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 your part.

Show that you didn't get the claim and that you acted quickly to resolve the issue.

jo6677

Thank you Quentin and coupon mad. I'll amend it!