2 CCJ's- next steps- leased car

Le_Kirk

I have no idea how the company got my details but they did not have my exact address, hence why I did not receive any letters from them.

As an aside it is probably worth checking what address is on your V5C, does it tie in with your actual address?

mimi23

Yes there is nothing stated on the lease that mentions needing a permit. It was only introduced around a month after we moved in to the new build property

mimi23

I don’t have the v5 document as it is a lease vehicle. They therefore don’t have access to my address from the car reg details. I can presume that the property management company have provided the private parking company with a list of who owns each designated space. This therefore causes problems like I have experienced- a stranger in my space and I STILL got a CCJ!

The_Deep

This therefore causes problems like I have experienced- a stranger in my space and I STILL got a CCJ!

What does your MA say about this? The issue of who was driving is of little consequence in "own space" PCNs. Many of us feel that, if the leaseholder was the driver, they should contest the ticket as driver.

As the scammer's involvement succeeded the lease, they would seem to be on very dodgy round taking you to court for parking on your own properly. Read up on unreasonable behaviour costs and consider a counter claim for harassment/trespass/data breach/interferece with leasehold rights, you could be sitting on a nice little earner.

The_Slithy_Tove

The_Deep wrote: »

As the scammer's involvement succeeded the lease, they would seem to be on very dodgy round taking you to court for parking on your own properly.

Even more so for a third party parking on his own property! How ridiculous is that?

mimi23 wrote: »

I can presume that the property management company have provided the private parking company with a list of who owns each designated space.

You need to find out if that's how they got your details, especially for the first ticket which was on a third party car not associated with you or your address at all. That could be a serious DPA breach which has caused you a LOT of damage (the CCJ). You could well have a large claim against them for handing out your details without due process (even pre-GDPR).

Meanwhile, though, focus first on the live court case.

BTW, why did you never get any of the court documents? Had you moved away?

mimi23

No I didn’t move. However the letter was sent to, for example:
1-50
Green street
Etc
Vs
27
Green street

So the post never got delivered to myself- no knowledge of where the post went- the sorting office may well have returned to sender.

How do I go about finding out how they got my name and incorrect address?

ShakeItOff

Submit an Subject Access Request to DVLA, and the parking company to find out who obtained your details from where.

It is daunting, and a lot of very structured documents that will feel unfamiliar. But, it will help you talk to the judge about it in a structured way. Take the time to really read through other examples of Witness Statements - there is a reason that some things are worded in a certain way.

The other thing to do is search (advanced search, looking at this board only) for "6 point set aside order". When you do you N244, you will want to send a draft order as well as your witness statement with it.

mimi23

Thank you for your responses.

Can someone please take a look at the following draft?

___________________________________


DRAFT ORDER

______________________________________


IT IS ORDERED THAT:

Upon reading the Defendant's application dated 24/08/2018.

It is ordered that:

1. The default judgment dated 24/08/18 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 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.


WITNESS STATEMENT
1. I am xxxxxxxx and I am the defendant in this matter. This is my supporting statement to my application dated 24/08/2018 requesting to:
a) Set aside the default judgement dated 24/08/2018 as the defendant is not the registered keeper for the vehicle xxxxxx and it was defectively served using an incorrect 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

2. I, the defendant, am not the registered keeper of xxxxxxx, nor have I have ever been. I have no association with this vehicle. I therefore did not receive a windscreen ticket.

3. I understand that the claimant obtained a default judgement against me on 24/08/2018. However, it was not served at my correct address, therefore I was not aware of the county court judgement until 19/02/2019 when I performed a routine review of my credit file. On 19/02/2019 I telephoned the Northampton County Court Business Centre to find out who the claimant was. I was informed that the claim was lodged by Gladstones Solicitors, acting for Parking and Property Management LTD.

4. I understand that this claim was served at Flat xx-xx, xxxxxxxxxxxxxxxxx. However, my correct address is Flat xx, xxxxxxxxxxxxxxxx

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

6. I believe that the claimant has behaved unreasonable by not ensuring they used my correct contact details. The ticket was wrongfully issued to me based on my ownership of the private parking space in which the vehicle was parked.

7. 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.

ORDER DISMISSING THE CLAIM

8. I further believe that the original parking charge notice dated 24/08/2018 has no merit and should thus be dismissed.

9. I, the defendant, am not the registered keeper of the vehicle, nor have I ever been.

10. Any correspondence were sent to an incorrect address so I was unable to defend the claim.

11. On this basis I believe that the claimant has not provided any reasonable cause of action and this the claim should be dismissed in its entirety.


ANY feedback is very welcome. I am eager to get this sent off ASAP. I have read many similar threads for which the wrong address is the reason the CCJ should be set aside, but cant find anything where the ticket was issued for a strangers car not belonging to the defendant.

thanks

nosferatu1001

You have two issues and need two applications. You cannot overturn both with one N244, you need two and two fees

For the one that is not even your vehicle; point out that VRM ABC123 has never had any relationship with you, you have no idea why you have been held liable as it was not parked with your authorisation

You need to ensuyre it is clear the claim forms were sevred at an address NOT your own, and CLEARLY not your own - you do not own 1 - 50, you only own no27. The claimant has therefore NOT ensured good service

You REALLY need to find out how they got your (wrong) address; for one ticket it could have been from your leasing company, but the vehicle which has nothing to do iwth you at all, that suggests the MC and that is a BIG no no.

mimi23

Apologies for not being clear. This N244 is ONLY for the car that is not mine! I will write the other one for the leased car after.
Thanks for your advice. i will add that it was not parked with my authorisation and that i dont own 1-50 flats.
I Strongly believe it is the MC as it would be impossible for them to know my name and rough address without them. Its odd though as i jointly own the flat with my partner who has not been included on the CCJ's.
I will also do a SAR today for the Parking company to see where they got my information from.