Gladstone Solicitors/ Civil Enforcement LTD - CCJs at old address

Quentin

When did you discover the CCJ against you from July 2017?


(When you say you notified dvla your new address in 2016, was this regarding your car, (not your licence), and was a new log book issued with the new address)

CBoogie

about a month before I discovered the one from Gladstones, so around July/Aug 2018.

Yes, when I notified DVLA it was in regards to my car and not my license, I think I did my license a month or two after I had received my log book with the new address.

Coupon-mad

Yes you can apply to set aside both, as you are acting within weeks of finding out. Do not delay at all now, but see all the set aside threads on the forum for the WS and six point Draft Order to fill out for both your N244s.

Check if you are eligible for reduced court fees (Google it), as £255 per CCJ is hefty.

CBoogie

I'm eligible for help with court fees. Do I need to ask the CCBC for info on the case or can I just make a WS? I'm not sure if I need a DO?

Coupon-mad

Please no more questions before reading other set aside threads. No you do not ask for more info - as long as you have the claim numbers - you CANNOT DELAY.

WE RECOMMEND a Draft Order. I did already say you need it, please read other threads. We know how to do this and there is pretty much nowhere else you can get advice like this from people who know how to win a set aside of parking cases. Follow what we say!

CBoogie

WITNESS STATEMENT:

I am xxxxxxxx and am the defendant in the matter.

This is my Statement in support of my application dated xxx to:

i) Set aside the Judgement dated xxx Court case number xxx
on the basis that it was not properly served at the Defendants’ current address.
ii) Order for the Claimant to pay the Defendant £255 as reimbursement for the set aside fee;
iii) Order for the original claim to be dismissed on the basis that the Defendant has a reasonable defence; or to be re-heard at a new hearing.


1. Set Aside Default Judgement

1.1. I understand that the Claimant obtained a Default Judgement against me as the Defendant on xxx. However, this claim form has not been served at my current address and I thus was not aware of the Default Judgement until a check on my credit file uncovered it on xxx 2018. I understand that this Judgement was served at an OLD ADDRESS (xxx).

1.2. At the time of the County Court Judgement, I was on the electoral roll at a new address, and was registered at a new address with the DVLA and with HMRC. As Gladstone Solicitors had received no correspondence from me at any point, I believe they had reasonable cause to question whether they were using an accurate address and that simple searches could have provided them with the correct address.

1.3. I believe the Claimant has behaved unreasonably in pursuing a claim against me without ensuring they held the Defendants’ current and correct contact details. According to publicly available information my circumstances are far from being unique. The industry’s persistent failure to use correct and current addresses results is an unnecessary burden for individuals and the justice system across the country. This is a topical issue: I note that the Justice Minister The Rt Hon Sir Oliver Heald QC MP announced on the 23rd December 2016 a consultation and information campaign to help protect consumers from debt claims. The consultation will look at ways to better protect consumers who are sent mail to inaccurate addresses and verify addresses again before a claim is sent; He added:

"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."

Confirmation of this will be provided at the set aside hearing, in the form of utility bills and a Council Tax/ Rent statements bills from Croydon Council. The Defendant has at no time tried to avoid paying for any known debt, and was at all times there to be found by a simple trace. It is submitted that the Claimant should have taken those reasonable steps, and would have known or should have surmised that it was likely that the Defendant was not at the old address, given the length of time from the alleged parking charge and the fact that the Claimant was receiving no reply from the Defendant.

1.4. On the basis provided above I would suggest that the Claimant did not fulfil their duty to use the Defendants’ current address when bringing the claim.

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

I have a real prospect of defending this claim because:-

2.1 On discovering this CCJ, I promptly contacted the County Court Business Centre on the Sunday xxx 2018, to find out details of the Default Judgement. The court papers contain no details of the alleged incident, nor the vehicle this related to. Before receiving this CCJ, I contacted Gladstone Solicitors via letter regarding this claim after I had received two letters in the post from the Claimant, one which had my previous address and another which had my current address stapled together to form one letter. I also attempted to use their contact form on their website, however both methods have been unsuccessful as I did not hear any further correspondence from them. Only to check my credit file and see that a CCJ had been lodged at my previous address. This constitutes a deliberate attempt to thwart any efforts to defend the claim, in total contradiction to the guidance outlined in the Pre-Action Protocol for Debt Claims (2017) to support the efficient management of proceedings that cannot be avoided

2.2. I understand Gladstone Solictiors to be a LLP which act on behalf of Private Parking Companies that use ANPR in order to issue Parking Charge Notices. 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. This includes the requirement to issue the Notice to Keeper within 14 days of the alleged incident. If the Claimant has not complied with the requirements of the Act they cannot claim this charge against me as the Registered Keeper in any case.

2.3. If the Notice to Keeper was not issued within 14 days, then the Claimant is required to prove who the driver of the vehicle was at the time of the alleged incident. The vehicle to which I am the Registered Keeper was at the time insured to be driven by two adults and was on occasion driven on their own comprehensive insurance. I submit that the Claimant cannot provide such evidence of the identity of the driver.

2.4. I 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.

2.5. 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.

2.6. I submit that this is not a penalty charge notice but a private one based on contract law and therefore the Claimant must:

a) show evidence that they have complied with the POFA or alternatively, show evidence of the driver's identity, to prove that this is the right defendant
b) set out the facts on which it is asserted that the claimant has a cause of action against this defendant, and
c) identify the 'relevant obligation' of the defendant to pay parking charges and the 'relevant land' on which the parking is said to have occurred
d) state whether the claim is in relation to a 'relevant contract' or in respect of an alleged trespass or other tort (as per the POFA 2012 Schedule 4)
e) disclose full particulars and a contract, in order to evidence a claim in law
f) evidence how a parking charge which the BPA Code of Practice sets a ceiling for, of not more than £100, has escalated to a brazen attempt at triple 'recovery' reaching over £350 despite the POFA also stating that a keeper can only be pursued for the sum on the Notice to Keeper (double recovery not being allowed).

2.7. On this basis I believe that the Claimant has not provided any reasonable cause of action and absent the above being produced in short order, the Defendant asks the court of its own volition to strike out this claim and to order the Claimant to refund the Defendant's costs for attending, namely the £255 Court fee in bringing this set aside case, despite not being shown to be liable for any parking charge at all.

2.8. If required to defend at a further hearing, the Defendant will require all copies of paperwork, letters and other documentation including pictures of all signage from the Claimant in order to make informed decisions and statements in a comprehensive defence as keeper of a vehicle.

Statement of Truth:
I believe that the facts stated in this Witness Statement are true.

Signed


XXX





_______


i tried my best, could you please have a read and see if thats ok? I will submit this asap

KeithP

Have you seen how others have approached this?

For example, this poster, and many others, have also provided a six point Draft Order to help the Judge:

forums.moneysavingexpert.com/showthread.php?p=74830861#post74830861

As C-m said, you really do need a Draft Order.

CBoogie

oh I’ve got the draft order already I used the six point one, I just wanted the WSto be through enough to possible not need to be reheard

Quentin

The WS draft above nevertheless refers to a 3 point application and needs amending

CBoogie

So just an update, I filed both my N244. Got acknowledgment from the counts and transferred to my local county court. I have received a further letter from Gladstone saying they've updated my details to my current address. (I had already asked them to do so when I received two LBCCC one with my old address and one with my current one, stapled together to form one letter in July 2018). This letter is dated 19.11.2018. Today, I've received a letter from enforcement agents saying that I've failed to respond to any of their previous letters, I'm guessing they sent it to my old address given to them by GS - and that theyre going to turn up if I dont pay the full balance due within 7 days or ask them to transfer it to the high court. So, what do I do now?