Excel parking charge notice

Le_Kirk

I understand this Claim was served at XXXX. I moved to a new address XXXX on 16/10/2019

Check your date, did you mean 2018?

I also changed my address with the DVLA on 11/11/2018, have my updated licence as proof and with Swansea city council.

Did you also update your V5C?

dufflers

thanks for that, the dates are confusing me,
the vehicle is a lease hire, I just contacted them now and even though i contacted them twice previously and updated my address they had my old address on file..
in terms of the v5c though it wouldn't be in my name

dufflers

Ok, I spoke to land registry and found the plot of land on a map.
The registered owner is:
CODA SA1 LLP (LLP Regn. No. OC323099) of 19 Bay Tree
Avenue, Sketty, Swansea SA2 8JN
Is there anything I can do with this info? They appear to be a Korean business

dufflers

Would anyone please take a look at my draft order and WS and let me know if I need to change anything? I plan on sending it on tuesday

Cheers

Fruitcake

dufflers wrote: »

Ok, I spoke to land registry and found the plot of land on a map.
The registered owner is:
CODA SA1 LLP (LLP Regn. No. OC323099) of 19 Bay Tree
Avenue, Sketty, Swansea SA2 8JN
Is there anything I can do with this info? They appear to be a Korean business

Did you complain to the landowner and asked for the charge to be cancelled?

You need to challenge the scammers regarding a contract with the landowner. If you get sight of it, which you should at some point, you check that the landowner's name appears on the parking contract, whether it was/wasn't dated to cover the date of the alleged event, and that it has been signed by two approved signatories or a director and witness as per section 44 of the Companies Act 2006. Any failure of these requirements means there was no valid contract in place and therefore the scammers have no proprietary interest in the land.

Fruitcake

A few comments.

dufflers wrote: »

Here's my witness statement to accompany the draft order, I've tried to make it as factual and detailed as possible, please let me know if it's satisfactory
for reference, Excel are the claimant, having taken the claim back from BW legal (who i had contact with when i sent all previous emails)

WITNESS STATEMENT

I am XXXX and I am the Defendant in this matter.
This is my [STRIKE]supporting[/STRIKE] statement in support of my application dated 23/08/2019 to:
A. Set aside the Default Judgement dated 23/05/2019 as it was not served to my current address.
B. Order for the Claimant to pay the Defendant £255 as reimbursement for the set aside fee.
C. 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 on 23/05/2019. However, this claim form has not been served at my current address, therefore I was not aware of the Default Judgement until 22/08/2019 when I was rejected credit and subsequently checked my credit file online. I understand this Claim was served at XXXX. I moved to a new address XXXX on 16/10/2018.

1.2 The Claimant originally passed the Claim over to BW Legal, they also issued me with a letter on 22/08/2018 stating that all correspondence should now go through BW Legal.

Do you still have this letter?

I followed their instruction and advised BW Legal by email that I had moved address immediately after moving. Since moving address, I have received correspondence from BW Legal via post to my current address, this confirms that they were aware that I was no longer at XXXX. All correspondence is evidenced. I also changed my address with the DVLA on 11/11/2018, have my updated licence as proof and with Swansea city council.

1.3 Unbeknownst to me, BW Legal was instructed to withdraw their proceedings and the Claim was passed back to the Claimant, I do not know when this was, I was not notified in any way.

The defendant holds the reasonable belief that the claimant had been provided with the new address by their agent at the material time, therefore acted unreasonably and negligently in using an old address to make a claim against the defendant.

1.4 I have since become aware that the Claimant has continued proceedings against me directly, sending all correspondence to my previous address. I had no reason to expect to have to contact the Claimant, I also had no reason to expect that it had gone to court.

1.5 I believe the Claimant has behaved unreasonably in pursuing a claim against me without ensuring they held the Defendant’s current and correct contact details, especially considering:

a. I was in direct correspondence with their agent, BW Legal and notified them of my change of address without delay.
b. I updated my address with all relevant credit agencies, ensuring that there was no valid reason for the Claimant to be unable to contact me.
c. Both the Claimant and BW legal had my email address – This was the primary method of communication throughout the process – and I received no notification that my information had been incorrectly passed back to the Claimant.

1.6 According to publicly held information, my circumstances are far from being unique. The Claimant’s persistent failure to use correct and current addresses results in an unnecessary burden for individuals and the justice system across the country.

1.7 On the basis provided above I would suggest that the Claimant did not fulfil their duty to use the Defendant’s current address when bringing the Claim.

1.8 Considering the above I was unable to defend this claim properly. I believe that the default judgement against me was issued incorrectly and should be set aside.

2. Order dismissing the Claim.

Fruitcake

I would write to Boris Johnson (I am serious) pointing out that his predecessor promised the country that this sort of thing where claims were issued to an old address would be stamped out.

This was over two years ago and it is still happening, causing untold distress and misery.

Send a copy to your MP as well. It's not as if either of them have much else to do at the moment.

My opinion is that in your case it was deliberate and the scammers knowingly told BW to withdraw the claim specifically so they could issue a new claim themselves to an old address.

Other opinions are available.

dufflers

Yes I do still have the letter in question
I'll get on everything you've suggested. Thank you

dufflers

Please could anyone critique this before I send it today? I've tried to make it as comprehensive as possible but any further advice would be great

1. SET ASIDE DEFAULT JUDGEMENT
1.1 I understand that the Claimant obtained a Default Judgement against me as the Defendant on 23/05/2019. However, this claim form has not been served at the Defendant’s current address, therefore they were not aware of the Default Judgement until 22/08/2019 when they were rejected credit and subsequently checked their credit file online. I understand this Claim was served at XXXX. The Defendant moved to a new address XXXX on 16/10/2018.

1.2 The Claimant originally passed the Claim over to BW Legal, they also issued the Defendant with a letter on 22/08/2018 stating that all correspondence should now go through BW Legal. (Annex A). The Defendant followed their instruction and advised BW Legal by email that they had moved address immediately after moving. (Annex . Since moving address they have received correspondence from BW Legal via post to their current address, this confirms that BW were aware that the Defendant was no longer at XXXX. (Annex C). The defendant also changed their address with the DVLA on 11/11/2018, have their updated licence as proof (Annex D) and with Swansea City Council.

1.3 Unbeknownst to the Defendant, BW Legal was instructed to withdraw their proceedings and the Claim was passed back to the Claimant, the Defendant does not know when this was, they were not notified in any way. The Defendant holds the reasonable belief that the Claimant had been provided with the new address by their agent at the material time, therefore acted unreasonably and negligently in using an old address to make a claim against the Defendant.

1.4 The Defendant has since become aware that the Claimant has continued proceedings against them directly, sending all correspondence to their previous address. The Defendant had no reason to expect to have to contact the Claimant. They also had no reason to expect that it had gone to court.

1.5 The Defendant believe the Claimant has behaved unreasonably in pursuing a claim against them without ensuring they held the Defendant’s current and correct contact details, especially considering:

a. The Defendant was in direct correspondence with their agent, BW Legal and notified them of any change of address without delay.
b. The Defendant updated their address with all relevant credit agencies, ensuring that there was no valid reason for the Claimant to be unable to contact them.
c. Both the Claimant and BW legal had the Defendant’s email address – This was the primary method of communication throughout the process – and they received no notification that their information had been incorrectly passed back to the Claimant.

1.6 According to publicly held information, the Defendant’s circumstances are far from being unique. The Claimant’s persistent failure to use correct and current addresses results in an unnecessary burden for individuals and the justice system across the country.

1.7 Former Prime Minister May publicly pledged to investigate “abuse” of the CCJ System and so-called “Credit Clamping” as reported in the Daily Mail article dated 12/09/2016. The Right Honourable Sir Oliver Heald QC MP on 23 December 2016 announced a crackdown on unresolved debts which can damage people’s credit ratings without them knowing. The action comes after concerns were raised that companies were issuing claims to consumers using incorrect addresses. The Minister added:

"It cannot be right that people who are unaware of debts can see their lives and finances ruined by county court judgements. That 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.”

1.8 The above points show that the Claimant has not adhered to CPR 6.9 (3) (4) where they had reason to believe that the address of the Defendant is an address at which the Defendant no longer resides. The Claimant was incorrect in assuming that this was still the Defendant’s current address and did not take reasonable steps to ascertain the address of the defendant’s current residence from their agent despite the Defendant following all instruction while disputing the claim and remaining in communication from the date of the alleged incident (June 2018) and the default judgement (May 2019). This has led to a defective service and an irregular judgement and the Court must set aside the claim.

1.9 Considering the above, the Defendant was unable to defend this claim properly. They believe that the default judgement against them was issued incorrectly and should be set aside.

1.10 A further reason to set aside the claim is that if the claim form was received and the Defendant was given sufficient details about the claim against them, it was more likely than not that the Defendant would have defended the claim and/or satisfied the outstanding debt, however the Defendant was not given this chance. In the Court of Appeal case Godwin v Swindon Borough Council [2001] EWCA Civ 1478 LJ May said the following:
“Rule 13.3 (1) (b) has a disjunctive alternative, so that the court may set aside or vary judgement entered in default if it appears to the court that there is some other good reason why the judgement should be set aside or varied or the Defendant should be allowed to defend the claim. In my view, this is plainly extendable to circumstances where the Defendant has not received the claim form and particulars of claim before judgement was entered against him. It is not an absolute right but does not have to depend on the Defendant having a real prospect of successfully defending the claim. The Court therefore has sufficient power to do justice in these cases and will, no doubt, normally exercise this discretion in favour of a Defendant who establishes that he had no knowledge of the claim before judgement in default was entered unless it is pointless to do so. The Defendant, for instance, may justifiably want to have the judgement set aside on the basis that, had he known about the claim, he would have satisfied it immediately without having an embarrassing judgement recorded against him.”

1.11 In summary, the Defendant has acted promptly when they found out about the judgement. The Defendant has explained why they did not respond to the claim issued. The Defendant believes that service of the claim form was invalid, and that there is also a real prospect of defending the claim (Please see paragraphs 2.1-2.6 below). The prejudice the Defendant would suffer by not being allowed to defend this claim greatly exceeds the prejudice to the Claimant if the judgement is set aside. For these reasons, the Defendant respectfully asks the Court to set aside the judgement under CPR part 13.

2. ORDER DISMISSING THE CLAIM
2.1 The Defendant believes that the original parking charge notice has no merit and should thus be dismissed. The Claimant is a parking company which seeks to claim for parking charge notices which the Claimant believes are due as a result of an alleged breach of contract for parking by a driver.
2.2 The Defendant further submits that the parking charge notice is without merit due to substantial issues in law. This is for the following reasons:


a. Lack of Standing by Claimant: The Claimant is not 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 claim for any damages or trespass.

b. 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 driver; the fee for parking benefits the landowners, not the Claimant. Therefore, there is no consideration from the driver to Excel Parking Services LTD.

2.3 Any alleged breach of contract was entirely de minimis, as parking was fully paid for. The Claimant is fully aware that parking was correctly and completely paid for.

2.4 The Defendant has evidence that a ticket was purchased at the material date and time. (Annex E). Upon discovery of the parking ticket the Defendant contacted the Claimant and explained that part of the vehicle registration number was entered incorrectly. This is also evidenced on the ticket purchased through the Ringgo app which the Claimant has received as proof.

2.5 Given the fact that this Claimant is an International Parking Community (IPC) AOS member, it is not surprising the appeal was outright rejected because it is reported in the public domain that the IPC attracted AOS membership away from the rival ATA, by allegedly promising an 80% 'appeal win rate' in favour of operators. The Defendant has since discovered the conflict of interests behind the Trade Body and the so-called 'IAS' was exposed by MPs in the second reading of the Private Parking Code of Practice Bill, proposed legislation that has unanimous cross-party support in order to stamp out rogue 'tickets' such as this one.

2.6 On this basis the Defendant believes that the claimant has not provided any reasonable cause of action and thus the claim should be dismissed in its entirety and to allow such Defendant’s costs as are permissible under Civil Procedure Rule 27.14.
Statement of Truth:

I believe that the facts stated in this Witness Statement are true.
Full name: ---
Dated 27/08/19
Signed

Annex A: Letter from Excel stating that all correspondence should now go through BW Legal.
Annex B: Email advising BW Legal of change of address.
Annex C: BW Legal letter to my current, correct address.
Annex UK Driving Licence with issue date 4a. 11/11/2018
Annex E: Parking ticket receipt from Ringgo app.

dufflers

Can anyone please take a look at this? I'll be posting it to my local county court today
Cheers