CCJ Set aside CEL help please

Coupon-mad

Yes that helps as evidence.

Now read the other SET ASIDE threads here and type a Supplementary Witness Statement, and a six point Draft Order (with blank 2019 dates)...and show us!

And a defence, starting by saying you were the hirer but not the only driver (if true?) of that car, and that the Claimant failed to transfer liability to your as hirer, under the POFA Schedule 4 para 13 & 14. See other defences - several examples in the NEWBIES thread post #2, including a concise one by bargepole that's easy to copy & adapt.

Defences are written in the third person, unlike a WS that's in the first person. You will see when you look at several on here, we do these all the time.

nosferatu1001

Edit that post
You keep identifying the driver, despite being told not to do so.

a6915137

Hi all,
Please find blow my draft order and witness statement, thank you for your continuous support.


DRAFT ORDER
IN THE COUNTY COURT AT: ******
CIVIL ENFORCEMENT LIMITED (Claimant)
And
Mr ********************* (Defendant)

CLAIM No: XXXXXXX
IT IS ORDERED that:
1. The default judgement dated on ****** be set aside.
2. Costs to be reserved.
3. Unless the Claimant serves a copy of the claim form on the Defendant by 4pm following 14 days after the date on which the judgement is set aside. 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 following 14 days after the date on which the judgement is set aside.
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.
6. All enforcement be put on hold pending the outcome of the application.

WITNESS STATEMENT
1. I am XXXX and I am the defendant in this matter. This is my supporting statement to my application dated ******requesting to:
a. Set aside the default judgment dated ******* as it was defectively served using an old address.

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

c. c. Order for the original claim to be set aside.

2. I understand that the claimant obtained a default judgment against me on ******. However, it was not served at my current address, therefore I was not aware of the county court judgment until I checked my credit score on the ******** to find out that it falls by 200 point. I used Experian service and trust online website (please see the attached trust online report dated to ******) to find the reason. Then I found that the claimant filed CJJ against on ******.

3. The car related to this mutter was a hired car. And I believe that the claimant received my address from the hiring company.

4. I hired the car from ****** until ******. However, I have changed my address during this period. And I have contacted the hiring company and I have informed them about my new address. I have attached a letter from the hiring company that I received on ****** which proves that the company has my current address.

5. I have changed my address around ******. which can be proved by the presence of my name on the electoral register (please see the attached letter from the council) and also my bank statement.

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

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

8. On the basis provided above I would suggest that the Claimant did not fulfil their duty to use the Defendant’s current address when bringing the claim.

9. 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.

Statement of Truth:
I believe that the facts stated in this Witness Statement are true.

Regarding the point that I wasn’t the driver. I have not included yet as I not sure if I was or not. But I can include the paragraph below which challenge CEL to provide evidence.
It is admitted that defendant was hiring the vehicle. However, because the length of the hiring period ( ****** until ****** ). The defendant was not the only driver of the vehicle.
The Claimant has provided no evidence that the Defendant was the driver. The Defendant avers that the Claimant is therefore limited to pursuing the keeper in these proceedings under the provisions set out by statute in the Protection of Freedoms Act 2012 ("POFA")

I appreciate any feedback as I am not really expert in this.

KeithP

You would be wise to remove the Claim Number from your most recent post.

That, combined with the point that nosferatu1001 made on 1st March, hands information to the Claimant that you surely don't want them to know.

a6915137

Hi KeithP,

Tx fro the advice I have removed the Claim number.

Can you please be more specific about the inf that I need to remove and not to hand to the claimant

thanks

KeithP

a6915137 wrote: »

Can you please be more specific about the inf that I need to remove and not to hand to the claimant

In post #21, the first bullet point following Time line tells the world who the driver is.

In post #23 nosferatu1001 pointed this out to you.

The parking companies trawl this forum just waiting for people to trip themselves up and can try to use your posts against you. Even going as far as producing forum posts as evidence in court.

By supplying your Claim Number in post #24, a parking company then knows who was driving the particular car referred to in that claim.

Now, once again, follow the advice given by nosferatu1001 in post #23.

a6915137

Thanks

I was not aware that they can actually using post from forum to be used again me. live & and learn

Coupon-mad

I suggest some changes to make this read more clearly, and to change the January date to 2019!:


2. I understand that the claimant obtained a default judgment against me on 23 October 2018. However, it was not served at my current address, therefore I was not aware of the county court judgment until I checked my credit score [STRIKE]on the 15[/STRIKE] in January [STRIKE]2018[/STRIKE] 2019 to find out that it falls by 200 point. Alarmed by this unexpected event, I used Experian service and trust online website (please see the attached trust online report dated to 15/01/19) to find the reason. Then I found that the claimant filed [STRIKE]CJJ[/STRIKE] CCJ against my credit record, unbeknown to me, on 23 October 2018.

3. The car related to this [STRIKE]mutter[/STRIKE] matter was a hired [STRIKE]car. And[/STRIKE] vehicle, and I believe that the claimant received my old address in error (through no fault of mine) from the hiring company. I did not receive any letters, and did not ignore any letters, and the Claimant took no reasonable steps to trace my correct address nor did they check with the hire firm again, or they would have known my correct address before commencing litigation.

...and yes, add these extra points, too:

It is admitted that Defendant was hiring the vehicle. However, because the length of the hiring period ( ****** until ****** ), and the fact that the Defendant was not the only driver of the vehicle, and the location that I do not recognise or recall, on the balance of probabilities I was not driving on that occasion.

The Claimant has provided no evidence that the Defendant was the driver. The Defendant avers that the Claimant is therefore limited to pursuing the keeper in these proceedings under the provisions set out by statute in the Protection of Freedoms Act 2012 ("POFA"), and this Claimant is known not to bother to comply with that statute.

In addition, the Claimant will not have transferred liability to the hirer in the prescribed manner under paragraphs 13 and 14 of Schedule 4 of the POFA. No parking firm complies with that requirement. So even if the Court is minded to believe that a purported 'Notice to Hirer' being sent to an old address is acceptable, the lack of enclosures renders the document as not properly served under the statute. Thus, a vehicle hirer who, on the balance of probabilities was not the driver on that occasion, has an absolute defence in this instance and the Claimant's claim has no merit.

P.S. Can you urgently do an ADVANCED EDIT on your first post and change the title? It wrongly says this is about ParkingEye.

nosferatu1001

I said that on the first page as well, and the OP took no notice...

a6915137

Big thanks to you all, I have changed the title. Sorry nosferatu1001

I didn't know what you meant when you asked to edit the post .....