We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including number plates, reference numbers and QR codes (which may reveal vehicle information when scanned).
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Is it too late?

1235715

Comments

  • Umkomaas
    Umkomaas Posts: 43,790 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    It is UK car park limited.
    No recognised company with such a name. Can you have a recheck.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • If by "some letters" he ignored the county court claim form, then yes

    Youre trying to persuade the court to waste time on you when as far as teyre concerned youve ignored them. If you havent ignored them then that definitely helps matters.

    No we had no idea about the county claim form at all, it was sent to our old address.
  • Umkomaas wrote: »
    No recognised company with such a name. Can you have a recheck.

    Apologies uk car park management (CPM)
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Then no, it matters not what you ignored from the claimant.

    The set aside grounds are that you didnt recieve the papers because the claimant failed ot ensure service. They sent to an address they knew, or should have known, was out of date

    You also need to include that you have a reasonable prospect of success in defending this, so you must include a defence. Yes, you can write a defence, we wouldnt say you could if this wasnt possible. DOZENS of CCJ set aside threads here!
  • Okay so i am struggling with my WS
    Coupon-mad wrote: »
    No, not at all. In fact each WS should also state that it is wholly unreasonable that the claimant appears to have filed two claims for matters of essentially the same facts, and that you ask for ONE hearing to set aside both CCJs and that the Claimant be required to explain why two claims were filed, which not only wastes the court's resources but has cost an extra £255 court fee to set aside two claims, when they should have been heard as one matter all along (ref: Johnson v Gore Wood & Co).

    Include BOTH claim numbers in your OH's WS where he talks about getting two CCJs, and ask specifically in the DRAFT ORDER for both claims to be merged.

    In your case, the Draft Order will be a SEVEN point one!

    As per the thread you gave me the link for i am basing my WS on that. I am unsure where to include the above. Would it go in somewhere here??....

    WITNESS STATEMENT

    8. I am XXXX and I am the defendant in this matter. This is my supporting statement to my application dated XX November 2018 requesting to:

    a. Set aside the default judgment dated XX November 2017 as it was defectively served using an old address.

    b. Merge the default judgement dated XX November 2017 with the default judgement dated XX September 2018 as the claimant has filed two claims for matters of essentially the same facts.

    c. Order for the claimant to pay the defendant £255 as reimbursement for the set aside fee.

    d. Order for the original claim to be dismissed.


    Any help appreciated?
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 21 November 2018 at 2:33AM
    I would state the point about both claims being merged and one hearing for both set asides, in the actual Witness Statement itself, where you talk about the facts as you know them.

    The bit you quoted there is the intro to a WS, but it's not the WS itself, where your OH explains that he has now updated his address and mentions the Government's intervention into CCJs arising from parking firms doing this, and how he was not avoiding any known debt and was there to be found, by a simple trace, as the DVLA have told parking firms they should use before starting claims.

    Like the other cases on the forum - there are hundreds of threads about successful set asides you could read, not just the ones I linked. The forum search works well.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Coupon-mad wrote: »
    I would state the point about both claims being merged and one hearing for both set asides, in the actual Witness Statement itself, where you talk about the facts as you know them.

    The bit you quoted there is the intro to a WS, but it's not the WS itself, where your OH explains that he has now updated his address and mentions the Government's intervention into CCJs arising from parking firms doing this, and how he was not avoiding any known debt and was there to be found, by a simple trace, as the DVLA have told parking firms they should use before starting claims.

    Like the other cases on the forum - there are hundreds of threads about successful set asides you could read, not just the ones I linked. The forum search works well.

    Thank you, sorry I parked this as it was my birthday!
    I'm just having trouble wording things. The part about the DVLA, do I need to quote where I got this from (as in is there a reference anywhere)?
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    There is a FOI publicly available; maybe someone can find it as I struggled the other day when looking for it.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Coupon-mad wrote: »
    There is a FOI publicly available; maybe someone can find it as I struggled the other day when looking for it.

    I hope so, I have spent ages searching Google and I can't find anything relevant. :(
  • Okay so i have read and read and this is what i have come up with. I found it really hard to know if the WS i read in other threads were relevant to my case but here goes....

    DRAFT ORDER

    IN THE COUNTY COURT AT: xxxxxx

    UK-Car park Management Ltd (Claimant)

    And

    MR (Defendant)

    CLAIM No:**********

    IT IS ORDERED that:

    1. The default judgment dated XX/XX/2018 be set aside along with the other default judgement dated xx/xx/xx which is the subject of a concurrent set aside application (see point #7 below).

    2. Costs to be reserved.

    3. Unless the Claimant serves a copy of the claim form on the Defendant by 4pm on XX/XX/18 paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £255 and the claim shall be struck out.

    4. If the Claimant serves the claim form as directed in paragraph 3 the Defendant shall file and serve a defence by 4pm on XX/XX/2018.

    5. Should the Claimant discontinue the Claim after the CCJ is set aside, paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £255 plus the Defendant's costs for attending the hearing.

    6. All enforcement be put on hold pending the outcome of the application.

    7. The Draft Order for Claim number *********** be merged with Claim number ************, with one hearing to set aside both claims.

    WITNESS STATEMENT

    8. I am XXXX and I am the defendant in this matter. This is my supporting statement to my application dated XX November 2018 requesting to:

    a. Set aside the default judgment dated XX November 2017 as it was defectively served using an old address.
    b. Merge the default judgement dated XX November 2017 with the default judgement dated XX September 2018 as the claimant has filed two claims for matters of essentially the same facts. And have one hearing for both set aside claims.

    c. Order for the claimant to pay the defendant £255 as reimbursement for the set aside fee.

    d. Order for the original claim to be dismissed.

    DEFAULT JUDGMENT

    9. I understand that the claimant obtained a default judgment against me on XX November 2017 and XX September 2018 which is the subject of a concurrent set aside application. However, it was not served at my current address, therefore I was not aware of the county court judgment until 19/11/12018 when I checked my credit report with Experian as part of my remortgage process I noticed a negative change to my report. On further investigation I found that I had two CCJ’s on my file from UK-CPM.

    10. On XX/XX/XXXX I emailed the data protection officer at UK-CPM with a subject access request, requesting all details they have regarding any alleged incidents, but they have not as yet replied with any information regarding the claims. As the defendant I still do not have any details of the incident the Claimant alleges has taken place, other than the information I have within my credit file showing judgement amounts.

    11. I have never received any correspondence from the claimant, therefore I was never able to challenge the original charge nor the judgement.

    12. I moved to a new address on 30th March 2017. In support of this I can provide confirmation of completion statement from solicitors, mortgage statement, and I am present on the electoral role.

    13. I suggest the claimant did not make reasonable enquiries as to my current address before perusing the court order especially considering they had good reason to believe they did not hold my current contact details. Furthermore, considering they received no response from me to their correspondence this should have been a clear indication of the obsolescence of the address XXXX.

    14. Although all my details had been changed to my new address, I overlooked my driving licence, this has now been changed in good faith as soon as the issue came to light, there was no attempt to avoid any debt.

    15. I believe the claimant has behaved unreasonably by not ensuring they used my correct contact details. According to publicly available information my circumstances are far from being unique. UK Car Park Management Ltd’s persistent failure to use correct and current addresses results in an unnecessary burden for individuals and the justice system.

    16. Considering the above I was unable to defend this claim. Therefore, I believe that the default judgement against me was irregular and I respectfully request it is set aside.

    MERGE JUDGEMENTS

    17. The claimant has filed two claims for matters of essentially the same facts. As I had moved out of the address the claimant must have had details of a second incident (claim XXXX) at the same time they filed claim XXXXX. I request one hearing to set aside both CCJs and that the Claimant be required to explain why two claims were filed; which not only wastes the court’s resources but has cost me an extra £255 court fee to set aside two claims, when they should have been heard as one matter all along (ref: Johnson v Gore Wood & Co).

    ORDER DISMISSING THE CLAIM

    18. I further believe 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.

    19. The claimant has obtained details of the vehicle for which the defendant was the registered keeper and used those details to raise a parking charge notice. I dispute this charge 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 have come into force.

    20. If the claimant can evidence that the alleged incident relates to the vehicle XXXX XXX any notice to keeper issued by the claimant must comply with 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 registered keeper of the vehicle automatically liable.

    21. A requirement of the Protection of Freedoms Act 2012 is that any notice to keeper must be served within 14 days of the date of the alleged incident. Since I have not received any documentation I submit the claimant has not complied with the requirements of the Act and thus cannot claim this charge against me as the registered keeper in any case.

    22. There are no terms within the Defendant's tenancy agreement requiring tenants to display parking permits or park in a marked bay, or to pay penalties to third parties, such as the Claimant, for non-display of same, and there is a large body of case law which establishes this.
    In Pace v Mr N [2016] C6GF14F0 [2016] it was found that the parking company could not override the tenant's right to park by requiring a permit to park.
    In Link Parking v Ms P C7GF50J7 [2016] it was also found that the parking company could not override the tenant's right to park by requiring a permit to park.

    23. The residents car park displays unclear, ambiguous, inadequate and lack of International Parking Community (IPC) compliant signage. Therefore making it very difficult to understand where you can park and where not.

    24. I further submit 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 residents 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 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 driver of the vehicle of which I was the registered keeper. I further submit that any loss to the landowner (which would be the only party able to claim such losses) would be minimal.

    c. The Charge is an Unenforceable Penalty: I further submit that the parking charge is nothing but an unenforceable penalty as it is not based on any loss suffered due to the alleged infraction.

    d. 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. Therefore, there is no consideration from the driver to UK Car Park Management Ltd.

    25. 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.

    26. In order to make informed decisions and statements in my defence as former keeper of the vehicle I will require copies of all paperwork and pictures of all signs from the claimant.

    Statement of Truth:
    I believe that the facts stated in this Witness Statement are true.
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 352.1K Banking & Borrowing
  • 253.6K Reduce Debt & Boost Income
  • 454.2K Spending & Discounts
  • 245.1K Work, Benefits & Business
  • 600.8K Mortgages, Homes & Bills
  • 177.5K Life & Family
  • 258.9K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.