Set aside defence help please

Igab17

I have found the 6 point set aside and have edited my draft order. The parking company knew my address as when I received notice to keeper I contacted them to appeal should I put that down in my draft order.

Yes I will qualify for reduced fees as I have no savings and only work part time due to my daughter having special needs. I should probably edit the part where it asks for £255 fees to be reimbursement. Thanks for all you help by the way

Umkomaas

1.4 The Claimant's claim relates to an incident on XXXX. At this time, DVLA records would show that the vehicle concerned in the matter, was registered at my current address, with myself as the registered keeper. Not at the address that has been served. I am also on the electoral roll for my current address.

How did they acquire your former address if the DVLA had been appraised of your new one?

Was the parking event very close to the time you moved to the new property? Or did you perhaps only update your driving licence and not your V5C (logbook) as well?

This is an important point in terms of you seeking a refund of your set aside fee.

Igab17

I didn’t move. I’ve been at my address for 8 years. Notice to keeper was sent to my current address and for some reason or another debt collector letters were being sent to my old address. I’m not sure if they done this because my credit file is still linked there and is active because it’s my mothers address and I didn’t change the address with the bank (I have a credit card). My car has never been addressed at my old address I acquired the car in 2016 I moved out of that address 2008.

Coupon-mad

You could lave the £255 in and add in brackets (NB: fee remission applied for). That then covers all bases for you.

The parking company knew my address as when I received notice to keeper I contacted them to appeal

You need to make that point VERY strongly to the set aside Judge. It is atrocious that these scam firms can revert back to the DVLA address even when they KNEW your actual address.

Never mind what your credit file says, you gave your address for service in your appeal!

HOW DARE THEY PLAY FAST & LOOSE WITH ADDRESS DATA, AND USE AN OLD ONE.

This should be a criminal offence IMHO, the PPCs should be answerable for this conduct.

Igab17

Actually the reason for them sending debt letters was because apparently I hadn't responded to any correspondence! Just remembered. That was a lie as I emailed them as soon as i got the NtK to appeal and i have several emails back and fourth with them.

Coupon-mad

Take all that as evidence to the set aside, as well as proof you appealed giving them the right address.

Igab17

What makes it even worse is they confirmed they had my current address when I emailed them regarding the debt collector letters being sent to an old address yet nothing was done to rectify the situation. I rang Northampton CCBC on Monday as was told the court claim form was sent to the old address yet I am here now and there is no sight of this letter the only letter to of been received was the Judgement of claimant issued on the 8th January. The amount of stress this has caused is unreal. The CCJ is already showing on the credit file. They didn’t waste no time whatsoever

Coupon-mad

What makes it even worse is they confirmed they had my current address when I emailed them regarding the debt collector letters being sent to an old address yet nothing was done to rectify the situation.

Report them to the Information Commissioner, please.

An online complaint with your evidence and telling the ICO that they have exposed you to costs in attending a court set aside hearing, potentially over £300 in costs due to their failure to rectify the address data and erase the old address. Then using the old address deliberately or negligently, for a predatory court claim, contrary to this Government intervention, which ALL parking firms knew from 2017:

https://www.lawgazette.co.uk/law/government-mulls-county-court-judgment-shakeup/5064115.article

https://www.gov.uk/government/news/new-measures-to-protect-consumers-from-debt-claims

Igab17

I will do. They can not be allowed to get away with this.

I’ve popped up my edited Draft order. Hopefully all is ok now and I will sent off first thing in the morning.

IN THE COUNTY COURT
Claim number

BETWEEN:

Claimant

-and-


Defendant




DRAFT ORDER





Upon reading the Defendant's application dated XXXXXXXXXX.

It is ordered that:

1. The default judgment dated DATE 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/19 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/2019.

5. Should the Claimant discontinue the Claim after the CCJ is set aside, paragraph 2 shall cease to have effect and the Claimant should pay the defendants set aside fee and any costs for attending the hearing (NB: fee remission applied for)

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

 


WITNESS STATEMENT OF XXXXXXXX
FOR JUDGMENT ENTERED TO BE SET ASIDE
__________________________________________________ ___________________

WITNESS STATEMENT

1. I am and I am the defendant in this matter. This is my supporting statement to my application dated DATE requesting to:
a. Set aside the default judgment dated DATE as it was defectively served using an old address.
b. Order for the claimant to pay the defendant £255 as reimbursement for the set aside fee.
c. Order for the original claim to be dismissed.

DEFAULT JUDGMENT

1.1 I understand that the Claimant obtained a Default Judgement against me as the Defendant on XXXXX. The claimant is in respect of an unpaid parking fine at

1.2 The claim form was not served at my current address and I thus was not aware of the Default Judgement until XXXX. I understand that this Claim was served at, . However I have not lived there since 2008

1.3 The only previous documentations from the Claimant in this matter was a Notice to Keeper as any debt collector letters were also addressed to my old address, when I questioned the claimant about this they confirmed they had my current address but still persisted on sending letters to an address I do not live at thus I was never able to properly challenge the Claimant’s claim.

1.4 The Claimant's claim relates to an incident on XXXX. At this time, DVLA records would show that the vehicle concerned in the matter, was registered at my current address, with myself as the registered keeper. Not at the address that has been served. I am also on the electoral roll for my current address.

1.5 I believe the Claimant has behaved unreasonable in pursing 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 industry’s persistent failure to use correct and current addresses results is an unnecessary burden for individuals and the justice system across the country.

1.6 Considering the above I was unable to defend this claim. I thus believe that the Default Judgement against me was issued incorrectly and thus should be set aside and I ask the Court to stay the Judgment to avoid it being recorded against me. I also kindly ask the Court to consider the reimbursement of any fees from the claimant should this request be successful.


Statement of Truth

I, XXXXXX, the Defendant, believe the facts stated within this Witness Statement be true.

Signed:
_____________________________________________________

Dated:
—————————————————————————————

Coupon-mad

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

You forgot what I said in post #15.