CCJ set aside but need to file a full defence

CCJ_buster

Dear Heroes of this forum

I read the NEWBIES thread, but if this has been answered before please let me know and i will delete this thread.

I have a CCJ against me set aside at court (on the grounds of correspondence were sent to an old address) and the judge ordered the following:
1. Judgement set aside and any warrant and other enforcement discharged, providing the Defendant by 4.00PM on 29th of April files a full Defence with the Court and serves a copy on the Claimant.

I don't really have anything else to show other than that I already provided on the N244 application notice. I am not at all familiar with court procedures, but I wanted this off my name because of the credit damage it is causing.


Could someone brighten me on what to write in the full Defence or point me to an existing thread about it, please?


Thank you for all help in advance.

Quentin

See the Newbies FAQ thread


#2 there covers court defences


There are also links there to defences you can tailor to your circs

Coupon-mad

I don't really have anything else to show other than that I already provided on the N244 application notice.

Yes you do.

Everyone (except the person who parked on hatched edge lines right next to a passenger door of a car in a disabled bay) has a defence against scammer parking firms.

Bear in mind the claimant might not have seen anything you attached to the N244, or took to the court for the set aside they didn't bother to attend.

BUT YOU HAVEN'T TOLD US ANYTHING AT ALL ABOUT THE PCN, THE PPC OR CAR PARK!

CCJ_buster

Thank you all for the replies.

I will read through NEWBIES #2 again, including the links.
I am looking for the formalities of a 'full defence'

BUT YOU HAVEN'T TOLD US ANYTHING AT ALL ABOUT THE PCN, THE PPC OR CAR PARK!

Thats right, here are the details:
I am usually pay these charges, as building contracor i get one every now and then, I find it very annoying of course. This original ticket somehow got forgotten about probably and due to moving home shortly after I did't receive the court notices. I have the DVLA confirmation email about the address change and used it for my application to set aside the CCJ(now over two years old).
I asked no details from the Claimant about the original ticket, maybe I should have, but my aim was to set the CCJ aside and pay the original penalty and forget about it. Planning to apply for mortgage this year and don't want to risk a lenghty procedure.
Of course I would love to get the claimant to reimburse the £255 court fee and the missed wage(I am self employed) for attending court on weekday and spending hours with familiarizing myself with the whole legal process. Also there is an aspect of losses caused by bad credit, as i only found out about the CCJ when applied for credit and got refused.
Claimant: UK carpark management limited
Solicitor: Gladstone

Thank you for reading it.

Coupon-mad

I am usually pay these charges,

Wow!

We never pay them and we see 99% wins in court so it's madness to pay these scam PCNS - and they are ALL a scam, regardless of facts. the entire industry was exposed in Parliament in debates in 2018, as operating an 'outrageous scam'.

As a building contractor you almost certainly have grounds to kill all of them off - loading, maybe? or authorised contractor - and some of them are so easy to win at POPLA (if BPA members) so these con fake PCNs are never worth paying.

Even Council ones are 90%+ winnable! I've appealed & won all of mine/my family/friends Council PCNs. All the drivers thought they were 'bang to rights' at first.

I asked no details from the Claimant about the original ticket, maybe I should have,

Do it now. Email their Data Protection Officer a SAR.

There is a template SAR in the NEWBIES thread, search it for the acronym SAR in your control & F keyword search box on your PC or laptop (or Command & F search, if using a MAC).

You can copy & adapt any UKCPM similar defence, pretty much (as all their cases are similarly badly pleaded and almost all about residential roadways/car parks with useless signage).

Here's lawdrah's case v UKCPM that Gladstones discontinued this week, so lawdrah won without a hearing:

https://forums.moneysavingexpert.com/discussion/5927464/help-with-court-claim-uk-cpm

... or use bargepole's concise example and add the facts that the vehicle was an authorised contractor and not 'unauthorised' and thus not subject to the penalty on any signs, which was sparse at this site, and not seen anyway.

CCJ_buster

Hi


Thanks for the SAR info, i will request the data from them.
However, I have to file the full defence by next Monday 4pm and I am not likely to receive their reply before that.


For now I want to base my defence on the fact that I didn't receive the correspondence about the claim because they haven't updated my address from DVLA, so the case can go back to pre court stage and when I have the SAR info about the original penalty I can decide how to carry on.



On the other how can I defend myself against a claim i never seen?


I would really appreciate your thoughts on the above.


Thanks for any response

mtrembl2

Hi there - I am new to this ccj parking nightmare too and have been doing heaps of research over the last few days.

I could be wrong here, but I understand from what you posted that you filed a N244 to set aside the judgement. So it’s been set aside and effectively brought back to square 1, meaning if you pay up now, the ccj will be removed, or you can go on and fight it.

Depending on what your priority is (ccj removal or fighting a battle), you’ll need to decide what to do.

Like I said, I’m new here so you may want to call the court and ask them to confirm. Or hopefully someone will come and correct me if I’m wrong.

CCJ_buster

Hi

Thanks for your reply.

Yes the CCJ has been set aside provided I file a full defence in 28 days(by Monday 4pm) otherwise it will be put back, according to the judge

Coupon-mad

For now I want to base my defence on the fact that I didn't receive the correspondence about the claim because they haven't updated my address from DVLA

NO, YOU DO NOT WANT TO DO THAT. Please stop!

That was the set aside, you got that.

This is now your defence to the claim - the parking charge itself.

Do you not even know the location, was it a residential car park where you were working on a flat? Or have you no clue where this was?

If all you know is this:

Claimant: UK carpark management limited
Solicitor: Gladstone

Then copy bargepole's concise generic defence from the NEWBIES thread as it covers the main points you need for ANY defence v any PPC.

CCJ_buster

Hi Coupon-mad


So I put the following defence together, using other threads similar to my case, I going to file it later on today as tomorrow is being the deadine. I am open to any advise on it.


"

I am XXXX and I am the Defendant in this matter.
This is my full Defence Statement in support of my application dated 04/11/2018 heared on 01/04/2019 to
· Set aside the Default Judgement dated 05/01/17 as it was not properly served at my current address;
· 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 5 th of January
2017. However, this claim form has not been served at my current address and I thus was not aware of the
Default Judgement until December 2017 when I was applying for credit and was refused due to this CCJ in
my credit file. I understand that this Claim was served at an OLD ADDRESS (XXXXX). However, I moved to a new address in May 2016. In support of this I
can provide confirmation from the DVLA receiving the application to update my registered address dated
19/05/2016
1.2. I have also can’t recall receiving any previous documentation from the Claimant in this matter and I thus
was never able to properly challenge the Claimant’s claim.
1.3. On the 04/01/2018 I contacted CCBC 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. This means
as the Defendant, I still do not have any details of the incident the Claimant alleges has taken place, other than
the summary of charges now owed, which is shown on the Court papers.
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 in 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 fulfill their duty to use the
Defendant’s current address when bringing the claim.
1.7. 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.


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 I am 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 I am the Registered
Keeper, any Notice to Keeper served by the Claimant would have needed to comply with the requirements of
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 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 UK CAR PARK
MANAGEMENT LIMITED.
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.


"

Le_Kirk

It all reads like a witness statement (WS). If any part of it is a defence against the original claim, it should be written in the third person, i.e. the defendant did this, the defendant believes that, no the first person as you have put, i.e. I did this, I believe that etc.