CCJ set aside - now what?

sjm2018

Hi,

I had my CCJ that I knew nothing about successfully set aside on Monday thanks to many hours spent reading this forum.

Today I have received a particulars of claim from UKPC via SCS Law, but nothing else. Am I right in thinking that I need to wait for the actual claim to be sent to be along with a response pack before I can submit my defence?

Thanks for your assistance

Quentin

Did you get anything about when to submit your defence when the set aside was granted?

sjm2018

I was told I had until 4pm on 8th May to submit my defence.

I just don’t really understand it all. The CCJ was in relation to parking tickets in a residential bay for the flat I was renting back in 2013/2014.

Quentin

A set aside doesn't mean you won!

It means that the court agreed the original ccj should no longer stand - presumably because something was wrong with the service and you received a ccj against you that you knew nothing about.

Now it's been set aside the claimant and you get another chance to have the case heard again.

You must comply with the court and submit your defence by the due date otherwise the claimant will win again!

Coupon-mad

sjm2018 wrote: »

I was told I had until 4pm on 8th May to submit my defence.

So that's what you must do, in time, in the next fortnight, by reading the forum about other UKPC residential cases.

I just don!!!8217;t really understand it all. The CCJ was in relation to parking tickets in a residential bay for the flat I was renting back in 2013/2014.

Read the NEWBIES thread post #2 and look at lots of other residential defence cases. Use the forum search from tomorrow once it's back online, to find 'UKPC defence residential' cases or try 'Union Jack' as a forum search term (big hint, if this rubbish claim is about expecting you to fly the flag of a permit when at home!).

Did you own the flat? Did you rent it? Was did your agreement say about your right to park, or the Landlord's right to introduce regulations?

Was there a permit scheme before you moved in, or introduced as a nuisance afterwards, imposed on you?

I have received a particulars of claim from UKPC via SCS Law, but nothing else.

Show that to us and tell us what you do know (i.e. do you recall PCNs, and what this was about?).

The_Deep

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

Hospital car parks and residential complex tickets have been especially mentioned.

The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.

sjm2018

Coupon-mad wrote: »

So that's what you must do, in time, in the next fortnight, by
Did you own the flat? Did you rent it? Was did your agreement say about your right to park, or the Landlord's right to introduce regulations?

Was there a permit scheme before you moved in, or introduced as a nuisance afterwards, imposed on you?

Show that to us and tell us what you do know (i.e. do you recall PCNs, and what this was about?).

Thanks, I am working on my defence now. I had prepared a lot for the set aside hearing so a lot of it is already done.

I was aware of the PCNs, as they were left on my windscreen, but I contacted my letting agent who said it was being dealt with and I wouldn't get any more PCNs and a permit would be issued. I continued to get PCNs and a permit never appeared. I sent a few more emails but then moved out. I was also in and out of hospital at the time.

My check out notes clearly state that I was never given a permit during my tenancy and they suggest the next tenant is issued with one.

There apparently was a permit scheme in place, but I had no clue about it as I wasn't told, there is nothing in my tenancy and the only sign I recall was on the left hand wall of the entrance, and the keypad for the gate was on the right so didn't see it until I went looking for it.

The particulars of the claim just say that I didn't pay the PCNs on 16/10/13, 26/10/13, 24/11/13, 30/11/13, 30/12/13, 17/1/14, 13/2/14 and 22/2/14. I only lived there between 11/10/13 and 14/5/14.

The only reason I saw the CCJ was by checking my credit file and saw the CCJ from 17/9/17. The judge was unhappy with how long UKPC had taken to issue court action.

Coupon-mad

My check out notes clearly state that I was never given a permit during my tenancy and they suggest the next tenant is issued with one.

There apparently was a permit scheme in place, but I had no clue about it as I wasn't told,

Read PACE v Lengyel:

http://parking-prankster.blogspot.co.uk/2017/06/pace-given-pasting-in-manchester.html

http://www.parking-prankster.com/more-case-law.html

HTH

sjm2018

Thanks for all your help.

I am just trying to sort out my defence letter.

sjm2018

This is what I have drafted so far, I would appreciate your opinions. Thanks

1. The Defendant does not need to display a permit as there is no requirement to display a permit stated in the tenancy agreement, point 23. The tenancy agreement is attached.

2. Furthermore, the tenancy agreement states in part 26.2 that as long as the rent is paid and comply with the terms and conditions then the Defendant may peacefully hold and enjoy the premises during the term without any interruption by the landlord or any person rightfully claiming under or in trust for the landlord. This is a point that the Claimant repeatedly broke, and caused undue stress and worry which contributed to the worsening of the defendants ill health. Not only at the time, but also now, four years after the Defendant left the property.

3. The Defendant does not believe the claimant provided adequate signage in the car park. Only after receiving a PCN, the Defendant went looking for the signs and only saw one which was located in the dark entrance to the car park. The car park is gated and the keypad is on the right hand side whereas the sign is located on the left hand side so the Defendant was focused on putting the code in so never saw the sign.

4. The sign implies that the Defendant has agreed to their terms and conditions when entering the car park, however, the Defendant entered a contract with the landowner, which is also the owner of the flat who has agreed to let the defendant park in the allocated parking space as stated in the terms of the tenancy agreement point 23, which cannot be overruled by a private parking company. As has been the case in Link Parking v Ms P C7GF50J7 [2016] and Pace Recovery v Mr N [2016] C6GF14F0.

5. As the car park is gated, with a key code, only residents of the flats can access the car park, therefore there is no need for the car parking to be controlled by an outside firm. The Defendant requests evidence of their right to operate within the car park.
Please see enclosed photo of the entrance to the car park.

6. Once the Defendant received the initial PCN, the letting agent was contacted via email and the Defendant was under the understanding that the PCNs were being dealt with and a permit would be issued.
See enclosed e-mail.

7. The Defendant did not receive a permit, and once again contacted the letting agent who informed the matter was being dealt with and a permit would be issued and no more PCNs would be issued.
See enclosed e-mail.

8. Despite the assurances of the letting agent, the Defendant was never issued with a permit, as can be seen on the check out documents which are enclosed.

9. The claimant claims to have made a substantial loss by these PCNs remaining unpaid, however the Claimant has not explained what loss and/or damages they have incurred and are put to strict proof of any actual loss and/or damages. Furthermore, as the space in question is a private parking spot for the defendants private vehicle as stated in the tenancy agreement (With no mention of a parking permit needed), the defendant would like proof of the loss/damages incurred by parking in the private allocated space. Furthermore, given that the Claimant does not own the land, they have not incurred any damages.

Coupon-mad

You don't enclose evidence or emails at defence stage, unless the Judge at the set aside ordered that you have to serve a defence and all the information & evidence you intend to rely upon, by a certain date.

He/she didn't they just said DEFENCE by 8th May, yes? Or witness statement and all evidence you wish to rely on? What exactly does the line about 8th May say?

Your point #9 is dodgy, you can't argue 'no loss' since the Beavis case in 2015.

However you can argue no commercial justification and great deal more that you would have found in other defences, did you search and read the ones with the words Union Jack as I suggested? Another keyword search would be 75% consensus Landlord Tenant which would find some recent ones.

Hope you are not searching wrong, you simply put the keywords into 'search this forum' on page one and change the default to 'SHOW POSTS'. Read some recent residential defences with more to them and add to yours.