CCJ issued by Excel at my place of work!, options for getting it set aside?

aardll

Johnersh wrote: »

The order was made by the DJ on 25/7. However, the DJ aware that the court service will take time to draw the order has intentionally ordered that the steps are to be taken within 14 days of service of the order.

On my reading, if the order was drawn on the later date (02/08), allowing 2 days for postal service (+1 cause that's a Sunday) takes you to 05/08, add 14 days = 19/08, so service is within time.

The o/p MUST file an acknowledgement of service (hence the reference to the response pack).


The defences to both claims can be dealt with in a single document provided that the o/p clearly responds to both and both claim numbers are set out clearly on the defence, with the lead number first. It would be sensible to have a preamble in the defence similar to the following:

The claimant has issued separate proceedings against the defendant issued on x and y dates alleging breach of contract and loss in relation to parking events on x and y dates. By order of DJ Bloggs dated 25 July 2019 claim no xxxx and claim no yyyyy were consolidated to further the overriding objectives and having regard to court resources and legal costs. The defendant responds to all claims herein.

Obviously it's your defence, so structure it as you see fit!

For completeness, if it were me, serve the claimant as well as the court (send it to both by regular first class post). This is a slightly unusual set of circumstances, so belt & braces....

Hi Johnersh,

Where am I filing the AoS to? Can that just be done online? if I did it via post would it be posted to the CCBC?

Quentin

Send AOS to Newcastle Co Court

aardll

Thanks Quentin,

Note:

The first claim which relates to a parking charge of apparently overstaying my welcome at the retail park car park on the business park I work on the 08/10/18 for the amount is for 120 quid plus 25 for the court fee.

the next dated 22/01/2019 for exactly the same alleged infringement is for 160 pounds with 25 for the court fee.

That doesn't make any sense.

Why is the second one so much more and aren't they legally only allowed to claim a maximum of 100? Do I need to use this in the defense?

@Johnersh: when you say serve the claimant what do you mean exactly? What do I send them exactly?

aardll

nosferatu1001 wrote: »

For set asides it is always a local court, as thats where the hearing is at.

You may be asked to make a formal applicaiton, which costs you, but you can ask that they use their inherent case management powers

You need to major on this HEAVILY - that the claimant *knowingly* issued two claims when they were only entitlled to one, and therefore the ENTIRE second claim is an abuse of process, for which the usual sanciton is to stirke the WHOLE CLAIM OUT.

Hello, is it advisable to use this in the defence I am preparing?

Thanks

aardll

First draft of defence, any input or thoughts would be much appreciated.

I haven't done the AoS yet and I know I have to do this before I serve defence but I'd like to just to get a jump and start preparing the defence asap. Is it worth doing a SAR with excel ASAP to see what cards they're holding exactly?

Defence:
IN THE COUNTY COURT AT NEWCASTLE UPON TYNE
CLAIM No: xxx
CLAIM No: xxx
BETWEEN
Excel Parking Services Ltd (Claimant)
-and-
xxx (Defendant)

1. The claimant has issued separate proceedings against the defendant issued on 22/02/2019 and 22/05/2019 dates alleging breach of contract and loss in relation to parking events on 08/10/2018 and 22/01/2019 dates. By order of District Judge xxx dated 25 July 2019 claim no xxx and claim no xxx were consolidated to further the overriding objectives and having regard to court resources and legal costs. The defendant responds to all claims herein.
2. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.
3. The Defendant was the registered keeper of the vehicle xxx in question at the time of the alleged incident.
4. The Defendants V5C Document was up to date with the DVLA in March of 2019. Claimant filed second claim xxx dated 22/05/19 to defendant’s old address again without doing checks to ascertain that it was actually the correct address. It is the defendant’s belief that the claimant is abusing the claim process and has knowingly issued second claim xxx to the wrong address to acquire a default judgement without the defendant’s knowledge.
5. The Defendant works for a Charity based on the business Park and has a designated parking space for work, having had so at the time of the alleged contraventions. Defendant denies that any financial loss to the business park could have occurred as a result of the alleged breach of contract. Furthermore, the defendant argues there was no breach of contract.
6. The Claimant is put to strict proof that it has sufficient proprietary interest in the land, or that it has the necessary authorisation from the landowner to issue pieces of paper that are not 'charge notices', and to pursue payment by means of litigation. As a third-party agent, the Claimant may not pursue any charge, unless specifically authorised by the principal. The Defendant has the reasonable belief that the Claimant does not have the authority to issue charges on this land in their own name, and that they have no right to bring any action regarding this claim such as in the VCS v Ibbotson case in 2012.
7. Due to the lack of particulars, it is unclear as to what legal basis the claim is brought, whether for breach of contract, contractual liability, or trespass. However, it is denied that the Defendant, or any driver of the vehicle, entered into any contractual agreement with the Claimant, whether express, implied, or by conduct. Defendant has not been provided with any evidence from the Claimant and again denies there was any breach of contract.
8. At best, this could be a matter for the landowner to pursue, in the event that damages were caused by a breach of contract. A parking charge cannot be dressed up by a non-landowner parking firm, as a fee, or a sum in damages owed to that firm for positively inviting and allowing a car to park. Not only is this a nonsense, but the Supreme Court decision in ParkingEye Ltd v Beavis [2015] UKSC 67, confirmed that ParkingEye could not have pursued a sum in damages for trespass.
9. Defendant wishes to note that the amounts claimed by the claimant are two completely different figures for what is allegedly the same type of contravention; £145 and £185 respectively. The POFA, at Section 4(5) states that the maximum sum that may be recovered from the keeper is the charge stated on the Notice to Keeper, in this case £100.
10. In summary, it is the Defendant's position that the claim discloses no cause of action, is without merit, and has no real prospect of success. Accordingly, the Court is invited to strike out the claim of its own initiative, using its case management powers pursuant to CPR 3.4.

aardll

Good evening.

Was hoping for some guidance in the above - I've done an SAR and am awaiting a response. I'd like to be able to acknowledge the service but not file the defence until after I've seen the result of the SAR.

What are people's thoughts on this?

[Deleted User]

It's unlikely the docs requested will be disclosed to you before the defence is due. The main thing is to make sure you do actually defend. As stated, my preference is to file a paper copy at court and to serve (send) a copy to the defendant - but I'm "old skool."

You can do a witness statement addressing any disclosure later (the PPC will adopt that approach).

aardll

Hi J,


Appreciate the reply - you actually send the claimant the same defence document you send to the court?

KeithP

aardll wrote: »

...you actually send the claimant the same defence document you send to the court?

Please re-read item 4 on the Court Order dated 2nd August 2019 - in post #111 above.

ardll

OK so that's confusing because I'm sending them my defence, can't they then just read it and come up with a way of beating my defence in court?



Look I know I'm being a pain constantly asking this but it's quite stressful. It's getting to the point where I'm thinking pay it now to stop the stress it's causing me.

I write a defence which I'll sent to court... to them as well? Just seems like I'm bound to lose if I do that!