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Surprise CCJ (ParkingEye)
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Dear Sir/Madam,
In reference to the above parking charge notice I request the following information so that I may assess my options for getting the corresponding CCJ set aside:
All photos taken at the time of the event
[STRIKE]A close up of the signs on the day in question[/STRIKE]
[STRIKE]Evidence that a debt collector has been paid[/STRIKE]
[STRIKE]Clarification whether £60 has been added to the PCN[/STRIKE]
All letters sent regarding this PCN
All data held on this PCN, including data relating to the VRN and driver.
[STRIKE]All evidence that will be relied upon[/STRIKE]
A full copy of the PCN, NTK
A list of all PCNs you consider are outstanding against me and/or this VRN
These are more appropriate in a response to any re-issued Claim, where you will seek to narrow the issues before the case gets to a hearing.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 Street0 -
I've now sent off the revised SAR following Umkomaas' feedback and am now completing my draft order and witness statement. I appreciate that I am partly to blame for this mess - namely, not updating DVLA in a timely manner - should I acknowledge this in my witness statement?
I was planning on focusing on the following areas in the witness statement, would be be grateful to hear what your thoughts are:
- I was legitimately entitled to park in the location as confirmed by employer. Admittedly I didn't register my VRN, but I was also not prompted by the hotel staff, even though they host corporate events for us frequently.
- DVLA were able to trace me for a separate reason, so why was Parking Eye unable to?0 -
you could do in order to explain the initial postal issues, BUT the PPC should have used a tracing service to ensure they have the correct CURRENT address on file
and if you have issued the claimant with a data rectification notice as soon as possible after being notified of the problem then you can state this in any WS too
mistakes happen, its being seen to have done the right thing once its been pointed out or as common sense that is of essence here
yes, those types of statements are for your WS , ESPECIALLY HOW THE HOTEL FAILED TO NOTIFY YOU AS A PATRON OF YOUR OBLIGATIONS FOR PARKING THERE
you cannot be held to a contract that you were not aware of0 -
So, Draft Order and Witness Statement below. Whilst I have tweaked section 1 of the WS from StanString's thread I was less sure of how to tweak section 2 (if at all) - any advice would be much appreciated!
Draft order
IN THE COUNTY COURT AT: XXXXXXX
Parking Eye (Claimant)
And
XXXXXX (Defendant)
CLAIM No: XXXXXXXX
IT IS ORDERED that:
1. The default judgement dated 23/08/2017 be set aside.
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.
Signed…………………
Date…………………….
Witness Statement
I am XXXXXXXX and I am the Defendant in this matter.
This my supporting Statement in support of my application dated 03/12/2018 to:
· Set aside the Default Judgement dated 23/08/2017 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 August 2017. However, this claim form has not been served at my current address and I thus was not aware of the Default Judgement unit 02/01/2018 when I was doing a routine check on my credit file. I understand that this Claim was served at an OLD ADDRESS (XXXXXXXXXX), most likely because of delays from myself in updating DVLA due to personal and work reasons.
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 02/01/2018 I contacted Northampton County Court to find out details of the Default Judgement. The court papers were able to inform me that the Default Judgement was issued by the Claimant known as ‘Parking Eye’.
1.4 Having reviewed the location, date and time of the offence I have established that I was legitimately parked at the site as part of a corporate event being held there with complimentary parking provided to those attending the event. I recall that, when arriving at the building I requested directions to the correct conference room from the receptionist, and at this point I was not notified of my obligations for parking there.
1.5 On the 09/01/2019 I contacted Parking Eye directly to update my address on their system.
1.6. 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.
1.7. Whilst I acknowledge that I am responsible for updating the DVLA following a change of address I am surprised that the Claimant was unable to trace me to my correct address at the time. This is especially surprising, given that a different party was able to trace me to my new address around the same time for a separate vehicular reason. 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 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. If the Claimant can evidence that 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 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. 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.
2.5.4. 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 Parking Eye.
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.
2.7. In order to make informed decisions and statements in my defence as keeper of the a 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.
Full name: ***********
Dated: 09/01/20180 -
I thus was not aware of the Default Judgement unit 02/01/2018
And 2019 here; this level of detail checking is VITAL to show the Judge you didn't sit around for a year after finding out about the CCJ:On the 02/01/2018 I contacted Northampton County Court to find out details of the Default Judgement.
And remove ALL of this, where on earth is this old stuff about 'no loss' - which has no legs so never mention loss at the hearing(s) - coming from?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. 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).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Thank you for the eagle eyes Coupon-mad! Have made those amendments, I was using StanString's DO and WS as inspiration, not sure how far along they are in the process but I may give them a heads up of the errors you've identified.
I'm now compiling all of my documents, I just have a final few questions before I print and send everything off:
Draft Order Questions:- Which county court should I specify? Does it refer to the county court that holds the judgement (County Court Business Centre in Northampton) or my local county court where I will (hopefully) be defending my case?
- With regards to a Claim No. the only identifier I currently have is the case reference (an 8 character alphanumeric string) which was visible on my clearscore report and quoted to CCBC to identify the CCJ - are these the same thing? If not, will CCBC be able to provide this?
- Point 5 of my draft order states "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." - could somebody elaborate on what this means? Where/what is paragraph 2?
N244 Questions:- “Name of Court” field - I assume this will match the answer to question 1 in my draft order Qs.
- “Claim no” field - I assume this will match the answer to question 2 in my draft order Qs.
- Claimant’s name & Defendant’s name (including ref.) - I can put in the names, but are the “ref.”s in question?
- Question 8 - “What level of Judge does your hearing need?” - I guess this remains blank as the hearing won’t be going to High Court or a District Registry?
- Question 9 and 9a - “Who should be served with this application?” - Should I add anything here?
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''I thus was'' is a split infinitive (ouch!) and is not English. And you mean 'until 2019' not 'unit 2018'!
Ignore the lady, there is nothing wrong with split infinitives, especially your rather elegant example.
The Deep M.A. (Eng Lit)You never know how far you can go until you go too far.0 -
LOL! ''I thus was'' is truly horrible to read!
'Thus, I was' is OK.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 THREAD0 -
Can't help but feel this has got a little off topic :P
If anybody has any thoughts on my previous reply (post #17) I'd be really grateful in hearing them - I was hoping to get everything sent off today, if possible.0 -
I'm now compiling all of my documents, I just have a final few questions before I print and send everything off:
Draft Order Questions:- Which county court should I specify? Does it refer to the county court that holds the judgement (County Court Business Centre in Northampton) or my local county court where I will (hopefully) be defending my case?
- With regards to a Claim No. the only identifier I currently have is the case reference (an 8 character alphanumeric string) which was visible on my clearscore report and quoted to CCBC to identify the CCJ - are these the same thing? If not, will CCBC be able to provide this?
- Point 5 of my draft order states "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." - could somebody elaborate on what this means? Where/what is paragraph 2?
- The CCBC.
- the eight character string is the Claim Number.
- 'paragraph 2' refers to point 2 in your draft order. It means that should the Claimant discontinue then the £255 fee must be paid by the Claimant immediately.
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