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

Coupon-mad

The solicitor is WRONG.

Parking charge cases are set aside here EVERY SINGLE TIME.

Have you not even read the other set aside threads from today yet? There's even a person quoting from the 2018 Govt consultation that was set up to change the CCJ rules...specifically due to the conduct of scammers, and they singled out parking firms.

You REALLY need to read other set aside threads and believe me.

aardll

initial defense draft:

DRAFT ORDER
IN THE COUNTY COURT AT:
EXCEL PARKING (Claimant)
And
xxxx (Defendant)
Claim Reference: xxxx
IT IS ORDERED THAT: The default judgement dated 18/03/2019 be set aside
WITNESS STATEMENT
1. I am xxxx and am the defendant in this matter. This is my supporting statement to my application dated 10/05/2019 requesting to:
a. Set aside the judgement dated 18/03/2019 as it was served to an old address
b. Order for the claimant to pay the defendant £255 as reimbursement for the set aside fee
DEFAULT JUDGEMENT 1. I understand that claimant obtained a default judgement against me on 18/03/2019. The judgment was not served to my current address. I was completely unaware of the CCJ until I checked my credit report on 10/05/2019 and found that my credit rating had dropped from being the highest it could possibly be to a significantly lower value. This has prevented me acquiring a credit card and is now jeopardising my ability to secure a re-mortgage for my property. I have never been refused credit or failed to pay any creditors in the past. Excel Parking in this case are not my creditors and have caused me significant stress and worry as I suffer from 3 diagnosed mental illnesses; the manner in which Excel Parking have handled this matter has significantly increased the symptoms of these illnesses to the point that I have not been able to sleep or eat. I can provide medical evidence of my conditions if necessary.
2. I can confirm my vehicle keeper details are up to date with the DVLA and I can only assume the “parking charge” was issued when the DVLA had my previous address details. I never received any correspondence from the claimant, therefore was never able to challenge or question the original charge or CCJ. After contacting the court, I can confirm the CCJ was issued to my old address. It is my belief that companies such as Excel Parking are abusing the system and issuing CCJ’s for what they believe are “breaches of contract”. From my own reading I have noted that this issue has become so bad MP’s agreed to enact a bill to regulate these operators. The fact that I am now in a position where I may not be able to secure a re-mortgage for my property due to “parking charges” that I had no knowledge of being issued with is absolutely disgusting. I have had no contact with the claimant yet they have now put me in a position where my ability to stay in my own home has potentially been jeopardised. If Excel Parking are purchasing information from the DVLA for the purposes of chasing motorists for “parking charges” I would argue that there is a chance that data may be out of date.
3. It my belief that the claimant issued these parking charges at the xxxxx in xxxxx This is my place of work and I have a parking space allocated there from my employer. I can provide further evidence of this if necessary.
4. Excel Parking are known on the Business Park for issuing unfair invoices for what they deem is a "breach of contract". They frequently leave notices on the cars of workers on the business park marked "This is not a parking charge notice" in addition to using a camera to take photographs of cars stopping in the layby of the security office in the park. I can provide further evidence and a witness statement if required from my colleague xxxxx who recently had a charge cancelled by Excel Parking after he contacted the manager of the business park to inform her that he had been sent a parking charge notice. The charge was eventually overthrown following her intervention with Excel Parking on 20/02/2019. It is my belief that Excel Parking are using harassment and bullying tactics to get money from motorists who work on the Business Park. I also question the legality of what they term would be a “breach of contract” being as I am unaware of any such contract and having entered into it with the claimant. I would also argue that Excel Parking are not the landowners of the Business Park therefore would not have suffered any loss as a result of what they believe is a “breach of contract”.
I believe that the facts stated in this Witness Statement are true.

I feel it's worth bringing up the point that the stickers they leave on your car are clearly marked:

"THIS IS NOT A PARKING CHARGE"

why is that?

aardll

Does anyone know if in the parking code of practice bill it says that CCJ's served by PPC's to the wrong address can be removed if paid off? I'm sure I read this was one of the proposals of the legislation:

gov.uk/government/news/drivers-to-receive-greater-protection-against-rogue-private-parking-operators

Coupon-mad

No, and that's nothing to to with the Parking CoP Act.

aardll

Can someone give me any advise as to whether that defense is enough?

kind regards

aardll

Any input on the following would be greatly appreciated:

DRAFT ORDER
IN THE COUNTY COURT AT:
EXCEL PARKING (Claimant)
And
Mr xxx (Defendant)
Claim Reference: xxx
IT IS ORDERED THAT: The default judgement dated 18/03/2019 be set aside
I am xxx and am the defendant in this matter. This is my supporting statement.
1. I understand that claimant obtained a default judgement against me on 18/03/2019. The judgment was not served to my current address. I am on the electoral roll at my current address and all my utility bills are registered to my current address. I have never at any time at all tried to avoid paying for any known debt. The Defendant has never received any previous documentation from the Claimant in this matter and acted promptly to ascertain the details of the default CCJ. Following are the sequence of events, thus –
a. 10/05/2019 defendant carries out routine credit check as mortgage is due for renewal and notices default CCJ
b. Defendant contacted the court immediately to attempt to find out what the CCJ was for, court advised defendant it was issued by Excel Parking who operate the carpark at the defendants place of work where the defendant has an allocated space
c. Defendant then contacted excel parking to attempt to find out what the CCJ on 13/05/2019 but wasn’t given any details from them
d. Defendant files a set aside appeal at Northampton County Court
2. The Claimant has not adhered to CPR 6.9 (3) where they had reason to believe that the address of the Defendant is an address at which the Defendant no longer resides or carries on business. The claimant did not take reasonable steps to ascertain the address of the defendant’s current residence or place of business. This has led to a defective service and an irregular judgment. As the proceedings were not validly served, it leads to no service and thus they are not entitled to judgement and the court must set aside the claim
3. Claimant continued to use outdated addresses rather than take reasonable steps. As per Freedom of Information Request (FOIR3988) from June 2014, the claimant knew about the DVLA allowing the use of Credit Reference Agencies and Tracing Agencies, and the sensible reasons for using, specifying that similar circumstances to be applying equally to the car parking industry, but has been clearly ignored and not followed by the Claimant in an attempt to obtain a default judgement. Claimant continued to use outdated addresses rather than take reasonable steps. As per Freedom of Information Request (FOIR3988) from June 2014, the claimant knew about the DVLA allowing the use of Credit Reference Agencies and Tracing Agencies, and the sensible reasons for using, specifying that similar circumstances to be applying equally to the car parking industry, but has been clearly ignored and not followed by the Claimant in an attempt to obtain a default judgement.
4. Defendant is a law-abiding citizen, who when notified by the Police in March of this year of traffic violation was found to have an incorrect vehicle address after house move immediately contacted DVLA and corrected the vehicle registration immediately to reflect the current address. This demonstrates that the Defendant has never tried to evade any payments, fines, tax and have been diligent to correct any mistakes.
5. In view of the above, Defendant invites the court to set-aside the default judgement on the basis that there was no reasonable presumption that the defendant resided at the address in question, as none of Claimant’s post was responded to. This entails that proceedings till now have never been served and are, thus, defective.
6. Further, the Defendant asks the court to order the Claimant to refund the set aside fee of £255
ORDER DISMISSING THE CLAIM
1. The Defendant believes the order to the claim be dismissed due to the following reasons, which are further outlined below –
a. Claimant failed to meet the Notice to Keeper obligations of Schedule 4 of the Protection of Freedoms Act 2012 (POFA 2012)
b. This Claimant is known to routinely affix misleading pieces of paper in a red/black envelope impersonating authority, bearing the legend ‘THIS IS NOT A PARKING CHARGE NOTICE’. It is reasonable to conclude, from the date of the premature Notice to Keeper ('NTK') that was posted, that the hybrid note that the Claimant asserts was a 'CN' was no such thing, and therefore the driver was not served with a document that created any liability for any charge whatsoever. The Claimant is put to strict proof.
c. 2.2. Accordingly, it is denied that any contravention or breach of clearly signed/lined terms occurred, and it is denied that the driver was properly informed about any parking charge, either by signage or by a CN

Coupon-mad

What you've done so far is correct for part of what you need, but it is only your Witness Statement, not what you called it:

initial defense draft:

DRAFT ORDER

and the WS should not include the words:

IT IS ORDERED THAT: The default judgement dated 18/03/2019 be set aside

You need a six point draft set aside order as well. Search the forum for those words.

aardll

Hi Coup,

thanks for replying - I'm struggling to find a six point order as you've described, could you provide me an example? Sorry I'm not sure exactly what it is I'm looking for

KeithP

Just stick six point draft order into the forum's search facility, and choose show posts, and you will be presented with over sixty posts that feature those words.

Here's just one example on the first page:

forums.moneysavingexpert.com/showthread.php?p=75631279#post75631279

Coupon-mad

And here's how easy it is, a poster who just read the forum & copied:

https://forums.moneysavingexpert.com/discussion/5999947/default-ccj-cel-set-aside-help-please

Job done at a hearing within a couple of weeks of taking his N244 & attachments and £255 fee to his local court, the CCJ was set aside and it's highly likely his PPC will not continue, or would lose if they try.