2 CCJ's- next steps- leased car

mimi23

Thanks coupon-mad
Have updated now.
So is this witensss statement, along with draft order, n244 form and cheque enough to send off now?
I Just want to clarify that I don’t need to add a defence at this point as I have read contradicting advice.
Thanks

Coupon-mad

That's correct, no defence with it.

You will need to take a crib sheet of your defence points on the day, along with proof of your loss of leave/earnings for attending that day (to claim from the Claimant who should be hit for costs 'on the indemnity basis') and proof that the car isn't even yours and that they used a wrong address, to boot.

How come they ever had you in their sights? As you were the resident with the permit, did you write an initial letter to try yo get it overturned and they then negligently and wilfully assumed you were the person in charge of the car?

mimi23

That’s great thank you for all your help.

No I had no idea about the charge until I checked my credit report at had a ccj. As the car wasn’t mine, or anything to do with me, presumably the windscreen ticket was ignored by the owner of the car.
I believe that my property management company gave the parking company my name as it was my allocated space- but I’m waiting for sar to confirm this.
But because they issued an incomplete address for me, I never received any correspondence!
It’s a complete mess and such unnessary stress. My next issue will be a counter claim to my management company if they gave out my details to the parking company!

Coupon-mad

I believe that my property management company gave the parking company my name as it was my allocated space- but I’m waiting for sar to confirm this.

Whoa, DPA breach...

mimi23

Hi,

So I have just realised I have my hearing TOMORROW- I have a two week old baby so my memory has completely gone!
I have not done any prep yet so need to get it sorted ASAP (whilst baby sleeps!)

Is it feasible to just turn up with my witness statement and argue my case that way? Or do I need to prepare separate paperwork?

My main/ first argument is that the original judgement was sent to incorrect address so I never received it. What evidence do I need for this? I don’t have any.

The car is also leased- I am not the owner. Shall I bring proof?

I also own the parking space in private flats- shall I bring copy of lease to prove that there is no mention of permits?

mimi23

Can anyone please help with this?

Coupon-mad

Is it feasible to just turn up with my witness statement and argue my case that way?

Do you mean you never filed or served a copy, or ANY evidence at all?

In which case, no, but you MUST TAKE SOMETHING AS PROOF, so turn up with:

(a) a skeleton argument summarising your points and why they can't add £60

(b) a copy of para 98, 193 and 198 of the ParkingEye v Beavis case to show where the Supreme Court said that the parking charge already include those operational costs

(c) a copy of Schedule 2 of the Consumer Rights Act with 6, 10, 14 & 18 highlighted, to show how woeful the signs were and the way the PPC has failed in their obligations (to make sure they were pursuing the right person, for starters!)

(d) a copy of schedule 4 of the POFA if this is the leased car mentioned in the title, to show that the PPC failed to transfer liability as per the statute law, OR

(e) proof that this is NOT YOUR CAR, if it's that one - which one is this about?

1st CCJ- Not even my car- somebody else parked there and they decided to put the charge on my name
2nd CCJ- on my leased car but in my owned parking space. (does the car being leased affect this?)

...and a printout of para 71 of the CRA 2015 as well in case the Judge refuses to consider ANYTHING as you failed to serve any WS or evidence...you MUST pass him/her para 71 and politely say that the court has a duty to hear your points about statute laws and certainly the CRA 2015, so you wish the court to apply the mandatory test of fairness to the charge (para 6, 10, 14 and 18 of Sch 2 of the CRA seem to apply here).

Read CEC16's thread first please, tonight, right now, instead of I'm a Celeb that I'm watching right now myself!

Oh, and take proof of childcare for the baby, or take the baby with you, to get the Judge on your side as to why you missed the WS service time as you were giving birth - and at least part of the claim is flawed as you were neither the driver nor the keeper.

Maybe ask for an adjournment, given your circumstances, and explain that one of the cars is not even yours so needs to be removed from the claim.

Or if it's only that one on this claim, ask for the entire case to be struck out and no adjournment, or for the Claimant to be ordered to show on what basis they are pursuing you and then for you to be given a chance to file & serve a WS in reply to that.

mimi23

Thank you so much!
I’m reading up on everything now!

And no I only provided a WS along with the n244 form. I haven’t received anything from the court stating I need to provide anything before the court date. I only received the notice of hearing.

Not sure if stupid question but can I bring my baby with me? Struggling with childcare due to breastfeeding.

KeithP

N244??

Is it your set aside hearing tomorrow, or did that happen sometime between February and and today?

mimi23

The n244 form I submitted to get the court date.

It is the set aside hearing tomorrow