Please help! ***I WON***

KeithP

chunkrock wrote: »

Does leasing mean its different to purchasing then?

Yes. You are not the Registered Keeper. The leasing company is.

The PPC get the RK's address from the DVLA.

Leasing co tells the PPC your contact address.

chunkrock

KeithP wrote: »

Yes. You are not the Registered Keeper. The leasing company is.

The PPC get the RK's address from the DVLA.

Leasing co tells the PPC your contact address.

Wowza, this is getting complicated

KeithP

chunkrock wrote: »

Wowza, this is getting complicated

You aint seen nothing yet.

Wait until you start on the set-aside.

Coupon-mad

chunkrock wrote: »

Wowza, this is getting complicated

Not really, told you what to do and gives you an extra phone call in the morning to get copies of those letters sent to PPCs, and to tell the lease firm to 'rectify' your data.

Two phone calls, then one email, are your tasks for tomorrow, as explained above.

chunkrock

Coupon-mad wrote: »

Not really, told you what to do and gives you an extra phone call in the morning to get copies of those letters sent to PPCs, and to tell the lease firm to 'rectify' your data.

Two phone calls, then one email, are your tasks for tomorrow, as explained above.

It shall be followed to the letter

chunkrock

Ok so here is my to-do list...

Court ref: E9GM3J24 22/06/18

Contact lease company to ask they rectify my address details & ask for any correspondence between them and parking scammers

Call court and find out who issued fine (probably CEL but best to check)

E-Mail fine issuer (DO NOT PHONE) and request all paperwork (subject access request) be sent to my current address.

Email the court and asked them to hold any further action while I work out what has actually happened

Fill in set-aside form

Statement
I am xxxx and I am the Defendant in this matter.
This my supporting Statement in support of my application dated XXXXX to:
• Set aside the Default Judgement dated 22nd June 2018 as it was not properly served at my current address;
• 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 June 2018. However, this claim form has not been served at my current address and I thus was not aware of the Default Judgement until 13 September 2018 when I was doing a routine check on my credit file. I understand that this Claim was served at an OLD ADDRESS (xxxxx). However, I moved away from that address in November 2016, was "of no fixed abode" for 3 months and moved to my new property in February 2018. In support of this I can provide confirmation from Salford County Council showing my updated details for the purposes of paying Council tax as well as changes to my DVLA records and entry into the land registry

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. On the 13/09/2018 I contacted Northampton County Court to find out details of the Default Judgement.

1.4. I believe the Claimant has behaved unreasonably in pursuing a claim against me without ensuring they held the Defendant’s 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.

1.5. 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.

1.6. 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 I am 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. If the Claimant can evidence that the alleged incident relates to a vehicle for which I am 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 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. 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. I further submit that any loss to the landholder (which would be the only party able to claim such losses) would be at most a few pounds.

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.

Coupon-mad

Call court and find out who issued fine (probably CEL but best to check)

...and ask the court clerk to please email or post to you, a copy of the claim form. So you can see everything I said it shows, including the location of the car park, date of the PCN, et al.

Email the court and asked them to hold any further action while I work out what has actually happened

No you can't do that.

You can only do a set aside next week, not waste time emailing.

chunkrock

Thank you so much for your guidance so far, if this works I will paypal you enough money for a few beers on me!!

Can i clarify, when do I send the N244 form in to the court? I have filled it out apart from Claimant's name cos I don't know the company yet and copied it in triplicate including my attached statement.

chunkrock

UPDATE

I just got home from work (night shifter) and I dug out my V5C to see that I actually AM the registered keeper and it is my old address on it

I had no idea, I got the car the week I moved out of that house so assumed I would have registered it to the new address but I guess not.

Where does this leave me? Am I screwed?

I don't mind paying fees or even the fines I just dont want that CCJ on my record

[Deleted User]

Ok. What this means is:

1. You're on #39 posts when this really should've been done before post #1. If you don't help yourself any thoughts expressed here will be incorrect.

2. It's most definitely your fault that notice was served on the wrong address. The court may have little sympathy since it's a legal requirement to keep it updated and, in fairness, proceedings appear to have been commenced relatively promptly.

NB/ if you got a ticket last night it's still going to go to your old address. CHANGE IT!!!

The solution would, I suggest, be to liaise with the ppc to get the judgment set aside (which they'll only agree to if you pay the charges and court fees). It should, however, clean up the credit record - although you'll need to ensure the default is de-registered (others can better comment on how you do that).

In the set aside order you could add some preamble, something similar to the below:

UPON being notified that proceedings were not served at the claimant's current residential address

AND UPON the defendant agreeing to meet the parking charges incurred on [date]

IT IS ORDERED THAT:

1. Judgment for the claimant be set aside.

2. The defendant do pay to the claimant the sum of [£. ] In full and final settlement of all claims brought by the Claimant