PCN CCJ in default already, need some pointers

fayerie

So lets start from the beginning.

at the beginning of the week i checked my credit report (i get notifications and monitor activity frequently) and my heart near stopped. My score had gone from 500+ to below 300! WHAT THE F*** ....

After looking into matters it seems i had acquired a CCJ ....

I was not aware of this until i saw it on my score. Delving into the matter i found a court reference number and called the county court to find out what this nonsense was all about. They kindly informed me that it was an application made by VCS. and that i needed to take it up with them.

At this point i realised it was for a windscreen ticket i had acquired in my company car park, that i had passed on to the company and had heard no more about.

I then re contacted the court and asked them to send me a copy of the (now in default) CCJ so i could work out how to proceed.

I spoke to VCS (did not admit liability but did offer to pay to get rid of the problem) and was told that they are refusing payment as the matter had already been passed on to a collection agy (i dont recall which one but im sure to get a letter at some point (briefly read about breech of privacy etc but this will have to wait as its another thing to overwhelm me right now)

Spoke again to the court and they have no record of the collection agency being involved (which sounds like they should have done) and also they have not got listed legal representation.

Another point when i asked for the contact details from the court they said that no phone number was listed and that they would often recommend in situations like this to google them.

i have read and reread the newbie thread and i THINK im at the set aside application stage.

Been looking into all of the fantastic work put in by the boards members in the last few years and i can see i only need to be pulling RELEVANT and RECENT paragraphs and points for my witness statement.

Looked up parkingprankster and now know how to fill in the set aside request.

so here are my idiot questions.

1 what goes with the N244 form other than the fee?

2 How do i submit my witness statement?

3 When do i ask the other party for evidence to support their claim (for me to rip apart) and how do i do this?

4 any other business. Never done anything like this before so i am flying a little blind here. need as much guidance as i can get as im feeling a little overwhelmed by all of this.
Im also considering making a counterclaim for special damages and personal injury (as a person with diagnosed severe clinical depression and anxiety the suffering and emotional damage has caused deterioration in my condition etc ... but again this will have to be scheduled later as im having enough difficulty with this.)

Thankyou in advance for reading and assisting with my problem

Newbie xxx

pogofish

Set-Aside is fully covered in the Newbies Sticky. Please read it now.

fayerie

and i have read the sticky newbie post, several times in fact, but as i have already explained im feeling a little overwhelmed by the sheer volume of information. What i would like is clear cut steps, specific to my case above, that i need to follow. As my condition causes confusion and feelings of panic and hopelessness i have more difficulty than people without mental illness in ordering and controlling my thought patterns or concentrating.

Le_Kirk

Here is what you would have found about Set Aside if you had gone to the NEWBIE sticky and used Ctrl F with the words Set Aside. You need to read it and follow the links, one at a time until you understand it.

HAVE YOU FOUND OUT ABOUT A CCJ (JUDGMENT FOR CLAIMANT) AND NEED IT SET ASIDE?

Here's how - DO NOT ring the parking firm up...and do not just pay them:

https://forums.moneysavingexpert.com/discussion/5581374

https://forums.moneysavingexpert.com/discussion/5585047

And read this thread:

https://forums.moneysavingexpert.com/discussion/5619965

...which includes the OP's statement in support of his/her set aside, and an outcome which included the £255 being refunded. They were in and out in 5 minutes and he/she just asked for the £255 to be reimbursed by the non-attending claimant (quite often they don't attend).

And the Judge agreed, all over, claim struck out entirely!

IamEmanresu's summary of your choices:

https://forums.moneysavingexpert.com/discussion/comment/71776504#Comment_71776504

https://forums.moneysavingexpert.com/discussion/comment/72001618#Comment_72001618

https://forums.moneysavingexpert.com/discussion/comment/72212851#Comment_72212851

All the above is useful information but you might like to start with this one.

Quentin

fayerie wrote: »

and i have read the sticky newbie post, several times in fact, but as i have already explained im feeling a little overwhelmed by the sheer volume of information. What i would like is clear cut steps, specific to my case above, that i need to follow. As my condition causes confusion and feelings of panic and hopelessness i have more difficulty than people without mental illness in ordering and controlling my thought patterns or concentrating.

Maybe you could get someone to assist you with this

The set aside process is set out for you, and there are many successes reported here!

It is important to act quickly as soon as you know about the ccj

You really need to get your application in by the end of next week

fayerie

OK so i have just about compiled a witness statement to enter with my form.

May someone please take the time to read through and edit as needed.

Quentin

You need to post it here for comments

Remove all identifying text

fayerie

IN THE COUNTY COURT

CLAIM No: xxxxxxxx

BETWEEN:

KNUCKLE-DRAGGERS R US LTD (Claimant)

-and-

xxxxxxxxx

________________________________________
DEFENCE STATEMENT
________________________________________

I am xxxxxxx of xxxx, xxxxxx, defendant in this matter.
It is admitted that the defendant was the registered keeper of the vehicle noted at the date of alleged breach. However, the claimant has no cause of action against the defendant on the following grounds: -

1. Notwithstanding that the claimant claims no right to pursue the defendant as the registered keeper under The Protection of Freedoms Act 2012 (PoFA 2012); the Claimant has failed to meet the conditions of the Act and has never acquired any right to pursue the Defendant in this capacity if they cannot identify the driver. No lawful right exists to pursue unpaid parking charges from the keeper of the vehicle, where an operator cannot transfer the liability for the charge using the PoFA.


2. The signage terms fail the test of 'large lettering' and prominence of the parking charge, as established in ParkingEye Ltd v Beavis, which is fully distinguished. The signs in this car park are not prominent, clear or legible and there is insufficient notice of the sum of the parking charge itself.


3. The reason for this parking company's presence on this gated site can only be for the sole purpose of deterring parking by uninvited persons, for the benefit of drivers authorised by the leaseholder businesses. Instead, contrary to various consumer laws, this Claimant carries out a predatory operation on those very people whose interests they are purportedly there to uphold.

4. The right of the on-site businesses to allow authorised vehicles to load/unload pre-dates the arrival of this Claimant and the Jopson Appeal case found that signs added later by a third party parking firm are of no consequence to authorised visitors to premises where other rights prevail and supersede any alleged new 'parking contract'.


5. The driver was allowed the right to load/unload by the leasehold business, relying on an express agreement. This permission created the prevailing and overriding contract - the only contract - and the business was concluded as agreed, at no cost or penalty. Loading or unloading with the permission of the landholder is not 'parking' and signs cannot override existing rights enjoyed by landowners and their visitors, as was found in the Appeal case decided by His Honour Judge Harris QC in June 2016 at Oxford County Court, in a similar case number B9GF0A9E: 'JOPSON V HOME GUARD SERVICES'.


6. It is denied that the Defendant received the required documents with statutory wording as prescribed under the PoFA and as such couldn't defend it due to circumstances that were outside the defendants control and as such, there can be no keeper liability.


8. The place of the alleged breach is given as a restricted area in a car privately owned car park at which there contains many registered leaseholds on parts of the land, therefore strict proof is required as to the exact site of the breach.


9. Vehicle Control Services Limited are not the lawful occupier of any land around the area in question. Absent a contract with the lawful occupier of the land being produced by the claimant, or a chain of contracts showing authorisation stemming from the lawful occupier, I have reasonable belief that they do not have authority to issue charges on this land in their own name and that they have no right to bring action regarding this claim.


10. No attempt was made by the claimant to provide suitable information or evidence of this breach.

11. PoFA 2012 only allows the recovery of the parking charge stated on the Notice to Keeper and not court fees, damages, indemnity costs or legal representative costs


12. No contract, terms and conditions or sum payable were never accepted by any driver.


13. The Defendant believes that their personal details have been obtained unlawfully by the Claimant and asks that the Court does not to assist the Claimant to benefit from a wrongdoing.


14. There is no contract. The signage forbids parking, even for an instant, and therefore there is no consideration. There have been a number of similar cases recently including UKPC v Masterson and PCMUK v Hall et al.


15. Even if the signage did offer a contract, the font size is too small and the words too many to be safely read while driving. They can therefore only be read while stopped and the normal time allowed in these situations is 5-10 minutes in car parks to allow for a genuine meeting of minds and for the driver to understand and comprehend any potential contract. There can therefore be no contract entered into by consideration.


16. Even if a contract was entered into by consideration, the signage does not contain the information required by the Consumer Contracts (Information, Cancellation And Additional Charges) Regulations 2013, enacted 13 June 2014. As per clause 13(1), without this information any contract is not binding on the consumer.


The facts stated in this defence are true, to the best of my knowledge and belief.

Signed,


Dated

Quentin

That looks to be a defence, not a ws to accompany a set aside application!

fayerie

ok, not sure of the difference

Quentin

Take your time to read up on applying for a set aside in the FAQ #2

Then follow the links provided there to other set aside cases.

As previously advised, ask a friend to help if you get stuck

Don't try to do it all in half an hour ( or half a day)!!