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Surprise CCJ from UKPC
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ansteyb
Posts: 5 Forumite
Over 2 years ago I lived in a gated estate- £25 was paid to UKPC for a permit to park the car that was shared between all residents living at the address outside the house at the time (I was registered keeper of the vehicle).
There were a few times where the permit had partially slipped down the windscreen and a ticket was given or the car wasn't parked completely straight and again a ticket given (there are no actual marked bays so this one seems particularly stupid!) At the time none of these tickets were chased but it seems 2 years later I have been slapped with a CCJ.
I didn't get any of the court papers or the 'chasing letters' from UKPC as these seem to have gone to my old address. I have been registered on the Electoral Role at a different address since I moved.
I only found out about the CCJ when UKPC seem to have got hold of my new address and sent a letter demanding the sum of £2,007.00.
I spoke to UKPC to ask for the evidence- they have sent me the court order (with my old address on) and pictures of the 8 separate parking fines (again to the old address).
I have read the Newbie thread and believe that they only way I can resolve this is to get it set-aside or I'll be left with the CCJ (it was over a month ago).
Is the below enough to send- any guidance before I submit my N244 would be really appreciated.
I am XXXXXXXXXX and I am the Defendant in this matter.
This my supporting Statement in support of my application dated XXXXXXX to:
· Set aside the Default Judgement dated XXXXX 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. However, this claim form has not been served at my current address and I thus was not aware of the Default Judgement XXXXXX when I was doing a routine check on my credit file. I understand that this Claim was served at an OLD ADDRESS (XXXXXXX). However, I moved to a new address in XXXXXXXX. In support of this I can provide confirmation from XXXXXXX 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’s claim.
1.3. 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. According to publicly available information my circumstances are far from being unique. The Claimant’s persistent failure to use correct and current addresses results is an unnecessary burden for individuals and the justice system across the country.
1.4. 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.
1.5. Considering the above I was unable to defend this claim properly. 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 “Parking Charge Notices” which the Claimant believes are due as a result 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 “Parking Charge Notice’’, 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. The alleged incident relates to a vehicle for which the Defendant is the Registered Keeper, any Notice to Keeper served by the Claimant would have needed to comply with the requirements of 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 ‘Protection of Freedoms Act 2012’ 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 the Act and thus cannot claim this charge against me as the Registered Keeper in any case.
2.5. I further submit that the Claimant’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 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 sue for any damages or trespass.
2.5.2. No Loss Suffered by Claimant: Their claim is presumably based on damages for alleged breach of contract. It is a fundamental principle of English Law that a party who suffers damages through breach of contract can only seek through court action to be put back in the same position as they would have been if the breach had not occurred. In order to do so, they must demonstrate their actual, or genuine, pre-estimate of loss. I submit that no loss has been suffered by the Claimant as a result of any alleged breaches of contract on the part of any motorist of the vehicle of which I am the Registered Keeper. 2.5.3. 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 [name of claimant].
2.4. 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.
Thanks in advance!
There were a few times where the permit had partially slipped down the windscreen and a ticket was given or the car wasn't parked completely straight and again a ticket given (there are no actual marked bays so this one seems particularly stupid!) At the time none of these tickets were chased but it seems 2 years later I have been slapped with a CCJ.
I didn't get any of the court papers or the 'chasing letters' from UKPC as these seem to have gone to my old address. I have been registered on the Electoral Role at a different address since I moved.
I only found out about the CCJ when UKPC seem to have got hold of my new address and sent a letter demanding the sum of £2,007.00.
I spoke to UKPC to ask for the evidence- they have sent me the court order (with my old address on) and pictures of the 8 separate parking fines (again to the old address).
I have read the Newbie thread and believe that they only way I can resolve this is to get it set-aside or I'll be left with the CCJ (it was over a month ago).
Is the below enough to send- any guidance before I submit my N244 would be really appreciated.
I am XXXXXXXXXX and I am the Defendant in this matter.
This my supporting Statement in support of my application dated XXXXXXX to:
· Set aside the Default Judgement dated XXXXX 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. However, this claim form has not been served at my current address and I thus was not aware of the Default Judgement XXXXXX when I was doing a routine check on my credit file. I understand that this Claim was served at an OLD ADDRESS (XXXXXXX). However, I moved to a new address in XXXXXXXX. In support of this I can provide confirmation from XXXXXXX 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’s claim.
1.3. 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. According to publicly available information my circumstances are far from being unique. The Claimant’s persistent failure to use correct and current addresses results is an unnecessary burden for individuals and the justice system across the country.
1.4. 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.
1.5. Considering the above I was unable to defend this claim properly. 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 “Parking Charge Notices” which the Claimant believes are due as a result 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 “Parking Charge Notice’’, 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. The alleged incident relates to a vehicle for which the Defendant is the Registered Keeper, any Notice to Keeper served by the Claimant would have needed to comply with the requirements of 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 ‘Protection of Freedoms Act 2012’ 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 the Act and thus cannot claim this charge against me as the Registered Keeper in any case.
2.5. I further submit that the Claimant’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 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 sue for any damages or trespass.
2.5.2. No Loss Suffered by Claimant: Their claim is presumably based on damages for alleged breach of contract. It is a fundamental principle of English Law that a party who suffers damages through breach of contract can only seek through court action to be put back in the same position as they would have been if the breach had not occurred. In order to do so, they must demonstrate their actual, or genuine, pre-estimate of loss. I submit that no loss has been suffered by the Claimant as a result of any alleged breaches of contract on the part of any motorist of the vehicle of which I am the Registered Keeper. 2.5.3. 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 [name of claimant].
2.4. 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.
Thanks in advance!
0
Comments
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One assumes you did not update your records with the
DVLA ??
Interesting that UKPC can now write to you at the new
address but they did not do the same search when they
issued a court claim ????0 -
UKPC are correct (by the law as it stands at present) by just using the info from KADOE
the OP states " At the time none of these tickets were chased " , which to me reads , they did not reply to them0 -
One assumes you did not update your records with the
DVLA ??
Interesting that UKPC can now write to you at the new
address but they did not do the same search when they
issued a court claim ????
I sold the car that the tickets were issued for after I moved. My current address is the one that the DVLA have now and I updated this before the CCJ was issued.
Agree its interesting they seem to be able to get my address right now but not before they issued the CCJ- giving me no chance to defend it.0 -
they used a tracing agent to get your info now
they are playing the "mortgage ransom" game , knowing full well that you need to pay this , they also know full well that had this have gotten to court they would have lost
caution: the figure is over £600 , so you may get knocks on your door (punch Bohill in the face if he turns up , slimy git)
seriously you need to act ASAP !! as bailiff action will be live untill your set aside is accepted by the court0 -
twhitehousescat wrote: »they used a tracing agent to get your info now
they are playing the "mortgage ransom" game , knowing full well that you need to pay this , they also know full well that had this have gotten to court they would have lost
caution: the figure is over £600 , so you may get knocks on your door (punch Bohill in the face if he turns up , slimy git)
seriously you need to act ASAP !! as bailiff action will be live untill your set aside is accepted by the court
Would you be able to look over the statement posted in my oringal message and offer some advice on if this is likely to be enough for it to be set aside. Is there anything you recomend adding to it?
I want to move quikcly but also wanted to seek peoples advice before rushing to submit something and then being unsuccessful.0 -
I sold the car that the tickets were issued for after I moved. My current address is the one that the DVLA have now and I updated this before the CCJ was issued.
Agree its interesting they seem to be able to get my address right now but not before they issued the CCJ- giving me no chance to defend it.
Well of course you need to set this aside which costs £255
The court should be advised of the fact that UKPC clearly
did not attempt to trace but as soon as they are owed money,
they can trace you.
If successful, no reason why not, UKPC will have to pay
you the £255 back0 -
sorry I am not a court expert however , the fact that paperwork for such a large amount was served to a unconfirmed address would not go down well with a judge , if you can stand a swear you never received court papers , that would (or should) be enough of a reason for a set aside , if UKPC want to re press charges , you fight the !!!!!!s0
-
You need a Draft Order. One which halts enforcement action.
Look at this post for a sample of such an Order:
0 -
twhitehousescat wrote: »sorry I am not a court expert however , the fact that paperwork for such a large amount was served to a unconfirmed address would not go down well with a judge , if you can stand a swear you never received court papers , that would (or should) be enough of a reason for a set aside , if UKPC want to re press charges , you fight the !!!!!!s
Thank you- wish me luck!! Should be easy enough to prove I never got the court papers as I haven't lived or been registered at that address for over 2 years0 -
You need a Draft Order. One which halts enforcement action.
Look at this post for a sample of such an Order:
Do the above, you NEED those words in a draft order to halt enforcement action and to mention your £255 costs that are in play.
Remove this completely of course, NOTHING about ''no loss'' has any legs since ParkingEye v Beavis:2.5.2. No Loss Suffered by Claimant: Their claim is presumably based on damages for alleged breach of contract. It is a fundamental principle of English Law that a party who suffers damages through breach of contract can only seek through court action to be put back in the same position as they would have been if the breach had not occurred. In order to do so, they must demonstrate their actual, or genuine, pre-estimate of loss. I submit that no loss has been suffered by the Claimant as a result of any alleged breaches of contract on the part of any motorist of the vehicle of which I am the Registered Keeper. 2.5.3. 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.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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