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CCJ parking fine
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koochie
Posts: 7 Forumite
I discovered yesterday that my credit rating had dropped to poor from excellent. Once looking into it further on Experian I found I had a ccj raised against me in on the 1st February to an address I haven't lived in for 2+ years. I have also kept my driving license address up to date over the years.
I rang the court to find out the information on what it was about. It was for a parking ticket with Britannia in 2016 but the ccj had been issued by a company called Bw legal.
I have moved twice in the time to get this ccj but have always updated my information with DLVA. I'm currently filling in an N244 form to get this set aside as I have had no letters about this as I had moved from the address early 2017. I do remember getting a letter about a parking fine but the images taken had different times from what they stated in the letter so thought it was just a scam and ignored it. Since that letter, I haven't heard anything since.
I have spend most of yesterday reading through these forums.
I really want the ccj to be removed as I did want to get a mortgage in the next couple of years...
Can you read through my stament and let me know if there is anything I should add or take away?
My draft statement is as follows: -
I am xxx xxx and I am the Defendant in this matter.
This my supporting Statement in support of my application dated 26/03/2019 to:
· Set aside the Default Judgement dated February 2019 as it was not properly served at my current address even though I have updated my address with the DVLA;
· Order for the Claimant to pay the Defendant £255 as reimbursement for the set aside fee;
· Order for the original claim to be dismissed.
1. Default Judgement
1.1. I understand that the Claimant obtained a Default Judgement against me as the Defendant in February 2019. However, this claim form has not been served at my current address and I thus was not aware of the Default Judgement until 25 March 2019 when I was doing a routine check on my credit file. I understand that this Claim was served at an OLD ADDRESS (xxxxxx). However, I moved to a new address in May 2017 and then again in January 2019. In support of this, I've kept DVLA up to date with my current address by changing my driving license address to the correct address.
1.2. I have also never received any previous documentation from the Claimant in this matter and I thus was never able to challenge the Claimant’s claim.
1.3. On the 25 March 2019 I contacted Northampton County Court to find out details of the Default Judgement. The court papers contain no details of the alleged incident and I do not know what the Default Judgement relates to.
1.4. 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.
1.5. 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.
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.
2. Order dismissing the Claim
2.1. I further believe that the original Claim by the Claimant has no merit and should thus be dismissed. I understand that the Claimant is a Parking Company which seeks to claim for “Parking Charge Notices” which the Claimant believes are due as a result of an alleged breach of contract for parking by a motorist.
2.2. If the Claimant has obtained details of the vehicle for which the Defendant is the Registered Keeper, and used those details to make a claim for a “Parking Charge Notice’’, I thus dispute the claim in its entirety as I do not know the wording of the contract nor do I know the means by which the contract was alleged to come into force.
2.3. If the Claimant can evidence that the alleged incident relates to a vehicle for which the Defendant is the Registered Keeper, any Notice to Keeper served by the Claimant must comply with Schedule 4 of the Protection of Freedoms Act 2012. Otherwise, the Claimant is required to prove the driver of the vehicle they claim was involved in the alleged incident. I submit that the Claimant cannot provide such evidence and further submit that the Claimant does not include ‘Protection of Freedoms Act 2012’ wording on the Parking Charge Notices they issue and therefore cannot hold the Defendant automatically liable for the alleged incident merely for being the Registered Keeper of a vehicle.
2.4. A requirement of the Protection of Freedoms Act 2012 is that this any Notice to Keeper served by the Claimant must be served within 14 days of the date of the alleged incident. Since I have not received any documentation from the Claimant prior to finding out about the Default Judgement, I submit the Claimant will not have complied with the requirements of the Act and thus cannot claim this charge against me as the Registered Keeper in any case.
2.5. I further submit that the Claimant’s claim is without merit due to substantial issues in law. This is for the following main reasons:
2.5.1. Lack of Standing by Claimant: The Claimant is unlikely to be the landowner of the car park in question, and will have no proprietary interest in it. This means that the Claimant, as a matter of law, will have no locus standi to litigate in their own name. Any consideration will have been provided by the landholder, and only they would have been able sue for any damages or trespass.
2.5.2. No Loss Suffered by Claimant: Their claim is presumably based on damages for alleged breach of contract. It is a fundamental principle of English Law that a party who suffers damages through breach of contract can only seek through court action to be put back in the same position as they would have been if the breach had not occurred. In order to do so, they must demonstrate their actual, or genuine, pre-estimate of loss. I submit that no loss has been suffered by the Claimant as a result of any alleged breaches of contract on the part of any motorist of the vehicle of which I am the Registered Keeper. I further submit that any loss to the landholder (which would be the only party able to claim such losses) would be at most a few pounds.
2.5.3. Claimed charge is an Unenforceable Penalty: I further submit that the Parking Charge that the Claimant claimed, given it is not based on any loss suffered due to the alleged breach, is nothing but an unenforceable penalty.
2.5.4. No contract with the claimant: Any contract must have offer, acceptance and consideration both ways. There would not have been consideration from the Claimant to the motorist; the fee for parking benefits the landowners, not the Claimant. Therefore, there is no consideration from the motorist to Civil Enforcement Ltd.
2.6. On this basis I believe that the Claimant has not provided any reasonable cause of action and thus the claim should be dismissed in its entirety.
2.7. In order to make informed decisions and statements in my defence as keeper of the a vehicle, I will require copies of all paperwork and pictures of all signs from the Claimant.
Statement of Truth:
I believe that the facts stated in this Witness Statement are true.
Thank you for you time
All the best E
I rang the court to find out the information on what it was about. It was for a parking ticket with Britannia in 2016 but the ccj had been issued by a company called Bw legal.
I have moved twice in the time to get this ccj but have always updated my information with DLVA. I'm currently filling in an N244 form to get this set aside as I have had no letters about this as I had moved from the address early 2017. I do remember getting a letter about a parking fine but the images taken had different times from what they stated in the letter so thought it was just a scam and ignored it. Since that letter, I haven't heard anything since.
I have spend most of yesterday reading through these forums.
I really want the ccj to be removed as I did want to get a mortgage in the next couple of years...
Can you read through my stament and let me know if there is anything I should add or take away?
My draft statement is as follows: -
I am xxx xxx and I am the Defendant in this matter.
This my supporting Statement in support of my application dated 26/03/2019 to:
· Set aside the Default Judgement dated February 2019 as it was not properly served at my current address even though I have updated my address with the DVLA;
· Order for the Claimant to pay the Defendant £255 as reimbursement for the set aside fee;
· Order for the original claim to be dismissed.
1. Default Judgement
1.1. I understand that the Claimant obtained a Default Judgement against me as the Defendant in February 2019. However, this claim form has not been served at my current address and I thus was not aware of the Default Judgement until 25 March 2019 when I was doing a routine check on my credit file. I understand that this Claim was served at an OLD ADDRESS (xxxxxx). However, I moved to a new address in May 2017 and then again in January 2019. In support of this, I've kept DVLA up to date with my current address by changing my driving license address to the correct address.
1.2. I have also never received any previous documentation from the Claimant in this matter and I thus was never able to challenge the Claimant’s claim.
1.3. On the 25 March 2019 I contacted Northampton County Court to find out details of the Default Judgement. The court papers contain no details of the alleged incident and I do not know what the Default Judgement relates to.
1.4. 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.
1.5. 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.
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.
2. Order dismissing the Claim
2.1. I further believe that the original Claim by the Claimant has no merit and should thus be dismissed. I understand that the Claimant is a Parking Company which seeks to claim for “Parking Charge Notices” which the Claimant believes are due as a result of an alleged breach of contract for parking by a motorist.
2.2. If the Claimant has obtained details of the vehicle for which the Defendant is the Registered Keeper, and used those details to make a claim for a “Parking Charge Notice’’, I thus dispute the claim in its entirety as I do not know the wording of the contract nor do I know the means by which the contract was alleged to come into force.
2.3. If the Claimant can evidence that the alleged incident relates to a vehicle for which the Defendant is the Registered Keeper, any Notice to Keeper served by the Claimant must comply with Schedule 4 of the Protection of Freedoms Act 2012. Otherwise, the Claimant is required to prove the driver of the vehicle they claim was involved in the alleged incident. I submit that the Claimant cannot provide such evidence and further submit that the Claimant does not include ‘Protection of Freedoms Act 2012’ wording on the Parking Charge Notices they issue and therefore cannot hold the Defendant automatically liable for the alleged incident merely for being the Registered Keeper of a vehicle.
2.4. A requirement of the Protection of Freedoms Act 2012 is that this any Notice to Keeper served by the Claimant must be served within 14 days of the date of the alleged incident. Since I have not received any documentation from the Claimant prior to finding out about the Default Judgement, I submit the Claimant will not have complied with the requirements of the Act and thus cannot claim this charge against me as the Registered Keeper in any case.
2.5. I further submit that the Claimant’s claim is without merit due to substantial issues in law. This is for the following main reasons:
2.5.1. Lack of Standing by Claimant: The Claimant is unlikely to be the landowner of the car park in question, and will have no proprietary interest in it. This means that the Claimant, as a matter of law, will have no locus standi to litigate in their own name. Any consideration will have been provided by the landholder, and only they would have been able sue for any damages or trespass.
2.5.2. No Loss Suffered by Claimant: Their claim is presumably based on damages for alleged breach of contract. It is a fundamental principle of English Law that a party who suffers damages through breach of contract can only seek through court action to be put back in the same position as they would have been if the breach had not occurred. In order to do so, they must demonstrate their actual, or genuine, pre-estimate of loss. I submit that no loss has been suffered by the Claimant as a result of any alleged breaches of contract on the part of any motorist of the vehicle of which I am the Registered Keeper. I further submit that any loss to the landholder (which would be the only party able to claim such losses) would be at most a few pounds.
2.5.3. Claimed charge is an Unenforceable Penalty: I further submit that the Parking Charge that the Claimant claimed, given it is not based on any loss suffered due to the alleged breach, is nothing but an unenforceable penalty.
2.5.4. No contract with the claimant: Any contract must have offer, acceptance and consideration both ways. There would not have been consideration from the Claimant to the motorist; the fee for parking benefits the landowners, not the Claimant. Therefore, there is no consideration from the motorist to Civil Enforcement Ltd.
2.6. On this basis I believe that the Claimant has not provided any reasonable cause of action and thus the claim should be dismissed in its entirety.
2.7. In order to make informed decisions and statements in my defence as keeper of the a vehicle, I will require copies of all paperwork and pictures of all signs from the Claimant.
Statement of Truth:
I believe that the facts stated in this Witness Statement are true.
Thank you for you time
All the best E
0
Comments
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You say that you have always kept your address up to date wrt your driving licence, but hat about your vehicle registration number? There is a legal requirement to do both, separately. If you have not updated your VRN, then you cannot claim that the PPC has acted unreasonably.
FWIIW one can be fined up to £1,000 for failing to update one's vrn.
Complain to your MP. On 18th March 2019 a Bill was enacted to curb the excesses of these private parking companies. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, and persistent offenders denied access. Hopefully life will become impossible for the worst of these scammers.
Until this is done you should still complain to your MP, citing the new legislation.
http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted
Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.You never know how far you can go until you go too far.0 -
My car is registered at my parent's address as I move a lot so I'm always able to be contacted through that address and has never been registered at the address the ccj was served at.0
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your name would be got from the dvla records the one for car V5 , nothing to do with your driving licence
however the parking co can only ask for your info once , and it looked like they did (correctly) as you received the letter thru the post from them0 -
My car is registered at my parent's address as I move a lot so I'm always able to be contacted through that address and has never been registered at the address the ccj was served at.
in that case the court papers should have been served to your parents address , as this would have been the address on the v5 when they asked the dvla for your info
you need sight of the ccj paperwork to establish which address it was served to
if this was not to your parents house or indeed a house that you did not live at AT THE TIME , this is your fighting point
a company cannot just serve ccj paperwork at any random house
" I do remember getting a letter about a parking fine but the images taken had different times from what they stated in the letter so thought it was just a scam and ignored it."
where was this letter sent to , which house , old or parents0 -
The letter was indeed sent to my parents house. Thanks this is very helpful for building my case0
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in that case the ccj paperwork should have gone there as well , where did it go to?0
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I don't think you can say this:
In my opinion, it looks like the Claimant has behaved reasonably.1.4. 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.
Sorry to be saying it, but it looks to me that the OP ignored the Claim Form, and as a consequence, finds himself with Default CCJ.
This may be difficult to overcome.0 -
however the op has yet to return and state to what address the claim form was sent to , it is possible hat BW used a tracing agent that in fact found an old address , not lived at by OP nor the address on V5
so it boils down to address on court papers0 -
Yes, I agree.twhitehousescat wrote: »however the op has yet to return and state to what address the claim form was sent to , it is possible hat BW used a tracing agent that in fact found an old address , not lived at by OP nor the address on V5
so it boils down to address on court papers0 -
Just rung up the county court to get more information. The address on the court papers is my old address and not my parent's address. Is it enough to fight against the ccj?0
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