Forgot to inform dvla

nosferatu1001

Doubt youll get that through
What about the draft order where they have to file detailed PoC within 14 days of the defence, with costs reserved - but that if they fail to serve PoC, or discontinue, costs will be awarded?

Quentin

Wiljuk wrote: »

can i use saggis draft version?

.

See #14 for advice not to use saggis old thread


Look for more recent set aside threads (and a "6 point draft order")

Wiljuk

Ammended draft, ok???

2) Draft order text is here: -
DRAFT ORDER

IN THE XXXXXXXXXX COUNTY COURT

Claim No. XXXXXXXXXX

BETWEEN:

XXXXXXXXX Claimant

-- and --

XXXXXXXXXXX Defendant

District Judge


IT IS ORDERED THAT:

Upon reading the Defendant's application dated XXXX and the annexed witness statement of xxxx dated xxxxxx.

It is ordered that:

1. The judgment dated XXXXX be set aside.
2.Costs to be reserved.

3. The Defendant shall file and serve its Defence by 4pm following 14 days after the date on which the judgement is set aside.

4. The Claimant to pay the Defendant's costs of this application to the sum of £255.

5. Should the Claimant discontinue the claim after the CCJ is set aside, paragraph 1 shall cease to have effect and the Claimant shall pay the defendant!!!8217;s costs summarily assessed at £255.
6. that all enforcement be put on hold pending the outcome of the application.

Wiljuk

Will this work and makes sense with the above draft. Thanking you all for advice.

This my Witness Statement in support of my application dated xxxxxx18 to:

· Set aside the Default Judgement dated xxxxx 2018 as it was not properly served at my current address;
· Order for the Claimant to pay the Defendant £255 as reimbursement for the set aside fee;
· Order for the original claim to be dismissed.

1. Default Judgement
1.1. I understand that the Claimant obtained a Default Judgement against me as the Defendant in xxxxxx 2018. However, this claim form has not been served at my current address and I thus was not aware of the Default Judgement until xxxxx 2018 when I was doing a routine check on my credit file. I understand that this Claim was served at previous address (xxxxx). However, I moved to a new address in December 2016. In support of this I can provide confirmation from xxxxx County Council showing my updated details for the purposes of paying Council tax. The Claimant did not show reasonable diligence in finding a current address when applying to the courts and thus I did not receive any correspondence regarding this matter. 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."
1.2. I have also never received any previous documentation from the Claimant in this matter and I thus was never able to challenge the Claimant!!!8217;s claim. The reason the PCN was issued was for an overstay on the car park of some 12 minutes. Had I have received the original Notice To Keeper I would have appealed at that time.
1.3. On the xxxxxxx/2018 I contacted Northampton County Court to request information regarding the Default Judgement. I immediately, also on xxxx/2018 contacted Civil Enforcement LTD for further information. As the registered keeper of the vehicle i have taken steps to resolve this matter as soon as I became aware.

1.4. Considering the above I was unable to defend this claim. I thus believe that the Default Judgement against me was issued incorrectly and thus should be set aside.

2. Order dismissing the Claim

2.1. I further believe that the original Claim by the Claimant has no merit and should thus be dismissed. I understand that the Claimant is a Parking Company which seeks to claim for !!!8220;Parking Charge Notices!!!8221; which the Claimant believes are due because of an alleged breach of contract for parking by a motorist.

2.2. If the Claimant has obtained details of the vehicle for which the Defendant is the Registered Keeper and used those details to make a claim for a !!!8220;Parking Charge Notice!!!8217;!!!8217;, I thus dispute the claim in its entirety as I do not know the wording of the contract nor do I know the means by which the contract was alleged to come into force.

2.3. If the Claimant can evidence that the alleged incident relates to a vehicle for which the Defendant is the Registered Keeper, any Notice to Keeper served by the Claimant must comply with Schedule 4 of the Protection of Freedoms Act 2012. Otherwise, the Claimant is required to prove the driver of the vehicle they claim was involved in the alleged incident. I submit that the Claimant cannot provide such evidence and further submit that the Claimant does not include !!!8216;Protection of Freedoms Act 2012!!!8217; wording on the Parking Charge Notices they issue and therefore cannot hold the Defendant automatically liable for the alleged incident merely for being the Registered Keeper of a vehicle.

2.4. A requirement of the Protection of Freedoms Act 2012 is that this any Notice to Keeper served by the Claimant must be served within 14 days of the date of the alleged incident. Since I have not received any documentation from the Claimant prior to finding out about the Default Judgement, I submit the Claimant will not have complied with the requirements of t2.5. I further submit that the Claimant!!!8217;s claim is without merit due to substantial issues in law. This is for the following main reasons:
2.5.1. Lack of Standing by Claimant: The Claimant is unlikely to be the landowner of the car park in question and will have no proprietary interest in it. This means that the Claimant, as a matter of law, will have no locus standi to litigate in their own name. Any consideration will have been provided by the landholder, and only they would have been able sue for any damages or trespass.
2.5.2. Claimed charge is an Unenforceable Penalty: I further submit that the Parking Charge that the Claimant claimed, given it is not based on any loss suffered due to the alleged breach, is nothing but an unenforceable penalty.
2.5.3. No contract with the claimant: Any contract must have offer, acceptance and consideration both ways. There would not have been consideration from the Claimant to the motorist; the fee for parking benefits the landowners, not the Claimant. Therefore, there is no consideration from the motorist to Civil Enforcement Ltd.

2.6. On this basis I believe that the Claimant has not provided any reasonable cause of action and thus the claim should be dismissed in its entirety.

2.7. In order to make informed decisions and statements in my defence as keeper of the vehicle, I will require copies of all paperwork and pictures of all signs from the Claimant.

Statement of Truth:
I believe that the facts stated in this Witness Statement are true. he Act and thus cannot claim this charge against me as the Registered Keeper in any case.

Quentin

Now 8 days since you started this thread

If you have read up on set aside then you know that to be successful you must apply promptly!

How long did you know about it before your thread?

nosferatu1001

It is ordered that:

1. The judgment dated XXXXX be set aside.
2.Costs to be reserved.

3. The Defendant shall file and serve its Defence by 4pm following 14 days after the date on which the judgement is set aside.


5. Should the Claimant discontinue the claim after the CCJ is set aside, paragraph 2 shall cease to have effect and the Claimant shall pay the defendant!!!8217;s costs summarily assessed at £255.
6. that all enforcement be put on hold pending the outcome of the application



You cant reserve costs and order them paid, and then in 5 say para 1 - whcih is that the set aside is granted - no longer applies.
You will need to renumber.

Wiljuk

Thanks all, will take another look.
Found out 9 days ago and the CCJ has been on my file since the middle of March so past the 30 days. I'm hoping to have this ready to go by Friday. Is that too late?

Wiljuk

So do I remove point 2 altogether or just put it after point 5. If I keep point 5 is paragraph 1 correct to refer to?

Quentin

Wiljuk wrote: »

I'm hoping to have this ready to go by Friday. Is that too late?

That should be OK (assuming you mean this Friday!)

Wiljuk

Yes I sure do. This is not the easiest of tasks to get my head around. Whilst I'm on here if this is good to go, do I email one copy of the form to the ccbc?