2 CCJ's- next steps- leased car

nosferatu1001

Then you need to make it clear this car has nothing to do with you

You will also need a defence
A complete defence would be - that car isnt mine, has nothing tro do with me at all, and obviously if you KNOW it was the MC that just said !"that flat belongs to" and they did NOT use the DVLA - they coulnt have done! - you can add that as wlel.
Suing the MC / whoeveer supplied the info as well, for a GDPR breach, would focus their minds.

SAR to the DVLA as well
You want to cover all bases, and if you can PROVE the DVLA did not release the info, it only leaves on place


Then
Get your llease out
Do you OWN the space directly, iue is it in the lease as yours? Lease or freehold isnt important.
If yes
TELL THE MA to stop trespassing on your land and interfering with your peaceful enjoyment.
As your lease sttaes you have exclusive use (if you dont, tell us what use you DO have) they are not permitted to grant permission for others to use your space, iwthout your agreement or without there being a lease variation in place. No such agreement or variaiton has ever been made
You require them to cease and desist, immediatiely, and remove your space from any such scheme
They have 7 days to confirm this
Any further trespass or other breach of your lease will result in immediate court action for
1) Trespass
2) Unlawful rleease of personal data
3) tortious interference iwth your lease
including damages and an injunction against them or their agents.

Le_Kirk

6. I believe that the claimant has behaved unreasonable by not ensuring

Should be: -

6. I believe that the claimant has behaved unreasonably by not ensuring

mimi23

My lease only states the following in regards to parking:

• Not to park or permit to be parked any vehicles of any kind on any part of the estate communal areas or the car parking spaces other than on the Allocated Parking space for the avoidance of doubt the tenants visitors shall be permitted to park on any spaces marked as visitors spaces situated within the estate for no more than 23 hours in any 24 hour period.
  
• Not use the allocated parking space otherwise than for parking of a single private motor vehicle or motor cycle which does not exceed 35cwt. gross laden weight and which shall be in a road worthy condition taxed and insured.
  
• Not to park on the allocated parking space or on any part of the estate any commercial vehicle other than a light delivery van at reasonable times of the dat for so long as it may be reasonably necessary for the purpose of delivering goods to and collecting goods from the property.
  
• Not to carry out nor allow to be carried out on a professional basis any vehicle maintenance on any pat of the estate other than in case of emergency

it therefore does not state anything about needed a permit to park in my allocated space which is why the ticket would have been issued in the first place.

Do you recommend i stress this argument opposed to the incorrect address/ not my car argument. or just include all three arguments equally?

thanks

nosferatu1001

You havent read neough yet, on how a set aside is granted

CPR13.2 allows for an AUTOMATIC set aside, if the conditions are met. One condition is the claim form was never served correctly
It wasnt. It wasnt address to your addres,s but somewhere else (a range of flats so who know which of 50 flats it went to, if any)

You then have another reaosn you can be allowed a set saide, at the courts discretion, under CPR13.3

This is where you show you have a reasonable defence - and obviously, it not being your car AND there not being any need for a permit because you have exclusive use of the space that has been Allocated, another being there cannot possibly be Keeper liability on a) a vehicle not owned by you and b) when they havent used the DVLA to get the address info (they cant have done)

As A.S. is in caps, where is this defined? It will be elsewhere in the oduc,ment

mimi23

Okay thank you for clarifying for me
So where can i state my additional two arguments?

I will argue that the claim form was not served correctly in my witness statement and then the additional points in the 'default judgement'?

APS is only mentioned at the beginning of the lease where is states:
Allocated Parking Space- means the parking space allocated to the property and edged pink on the Plan and being one of the Car Parking Spaces.

Coupon-mad

Your set aside application is not about your defence arguments.

You merely need to satisfy the Judge that these claims were not served - take proof about the wrong address, to the hearing - and that you had no opportunity to defend (and that you have good prospects of success in defending them, but that can be covered at the hearing by you taking a crib sheet draft defence to help you focus).

mimi23

Okay i understand that this is not about my defence arguments, but should i not mention at all that the car is not mine, and that the ticket was given on a privately owned space?

I understand that i will include these arguments in my defence, but shouldn't i mention them in my set aside application also?

Coupon-mad

should i not mention at all that the car is not mine, and that the ticket was given on a privately owned space?

Yes, mention that in one line and it adds weight to you arguing that the PPC has acted wholly unreasonably and that they should pay your £255 set aside fee.

It will form a huge part of your defence for that one, later.

mimi23

Great- much clearer thanks.
How does the following look?

Witness Statement

1. I am xxxxxxxxx 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 I, the defendant am not the registered keeper for the vehicle xxxxxxx 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 JUDGEMENT

2. I, the defendant, am not the registered keeper xxxxxxx, nor have I have ever been. I have no association with this vehicle.

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, xxxxxxxxxxxxxxxxxxxxx. However, my correct address is Flat xx, xxxxxxxxxxxxxxxxxxxxxxxxxx. I do not own all flats xx-xx and therefore do not receive post for each of these addresses.

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. The original ticket was issued on my allocated parking space and there are no terms within my lease requiring me to display a parking permit or pay penalties to third parties.

12. 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.

Coupon-mad

Don't split the infinitive ''I am''.

A grammatical crime!

I would change:

The ticket was wrongfully issued to me based on my ownership of the private parking space in which the vehicle was parked.

to:

The parking charge was wrongfully issued to me based on my ownership of the private parking space in which the vehicle was parked. As I am not the owner, keeper nor driver of the vehicle, I cannot be liable under any applicable law. This Claimant has acted negligently and irresponsibly, in terms of failure to serve the paperwork and the claim to a valid address, nor even addressing the parking charge to a person who could be held liable. This vexatious conduct has no reasonable explanation and I will seek costs on the indemnity basis.