HX Parking - Gladstone - CCJ

GEECEEARR

Morning guys,
I have read the stickies etc and would really appreciate advice on whether or not to fight this.
I received a new credit report on Sunday from Clearscore and upon opening, my credit rating had dropped like a lead balloon and a CCJ applied to it. I had literally no idea what this was and prided myself on having such a strong credit history.
On Monday, I managed to speak to Northampton and obtain who this was from, HX Parking via Gladstone. I called HX to find out what had happened...
HX stated that I had been in a carpark for 15 minutes on the 6th of February. I do recall going into the carpark but I didn't leave the vehicle. I had come off the road to take an important phone call (trying to adhere to RTA!). A frivolous and expensive charge at best IMO.
At this point in time, I had literally just moved into a new house (30th of January), and by this point I hadn't got around to changing my V5. As hopefully most people will appreciate, it isn't the first thing on your mind when selling and buying a house! Letters were sent to this address demanding payment etc and started around mid to end of February. I had no forward on as all my main accounts, insurances, bank were updated. Hindsight is a great thing!
Fast forward until now, I now have a CCJ, no opportunity to explain myself and unsure where to go.
Gladstone were as helpful as could be expected and did say they sent a letter to my new address they found on a trace. I can categorically say I didn't receive this and I'm still waiting on them sending me copies. They said this was sent in June. They apparently also sent me a text message demanding £160, again, I don't recall ever receiving this but a no context text message demanding payment seems a bit of a scam to me?
So here we are - I have no idea what to do. Do I just take it on the chin as lesson learnt or fight?
My thoughts are that I have not had the opportunity to defend myself and now I know of the 'offence', they should start the process again?
Your advices would be greatly appreciated.
Sincerely, apoplectic in Lancaster.

The_Deep

Do I just take it on the chin as lesson learnt or fight?

Fight, there is a huge amount of information on the internet on how to do so, plus this forum's stickies/FAQs.

GEECEEARR

A wealth of information, but I can't find anything about my situation. I literally received nothing. I've been issued no period to raise a defence or anything. I'm told I could've just paid £250 and had it all boxed off if i'd have replied in the first 14 days or something. I didn't get a chance!!!

Redx

Read the newbies faq sticky thread near the top of the forum , post#2

Read the £255 set aside info in order to put the court claim back on the table so you can defend it

I doubt you will win this due to stopping on private car parking and not paying for the privilege , so a £100 consent set aside may be better for you , due to you needing to win on a legal technicality

In future , stick to public roads and free of cheap parking to take phone calls whilst out and about , or wait until it's safe and call back , very few phone calls are important

Use the forum Search box with the search words £255 set aside to find hundreds of threads like yours about an unexpected ccj

Le_Kirk

It is/was in your ability to make sure that everyone knew you had moved and it should be one of the first things on your mind when you move. You now need to inform DVLA by updating your V5C AND your driving licence separately - prospect of REAL fines if you don't. You then need to read the NEWBIE sticky post # 2 specifically the topic called set-aside, then search the forum for six-point draft order, then get hold of a set-aside form (N244) downloadable.

You then need to send an e-mail to the DPO at the PPC (acronyms are explained in post # 5 of the sticky) and/or the solicitor involved, advising them of your address for service and requiring that they erase your old address.

Best of all calm down, read, get the form, complete it, write the six-point draft order and a witness statement (and a defence for the original issue) and submit it. The important factor in obtaining a set-aside is to "take action as soon as possible after finding out about the CCJ".

GEECEEARR

Thanks, guys. I sold the car shortly after I moved. Driving license etc was changed weeks after moving.

Coupon-mad

OK so now you know where to read about set asides, show us your draft.

GEECEEARR

I am xxxxxxxxxx and I am the Defendant in this matter.
This my supporting Statement in support of my application dated 28/09/2019 to:
· Set aside the Default Judgement dated August 2019 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 August 2019. However, this claim form has not been served at my current address and I thus was not aware of the Default Judgement until 22 September 2019 when I received my update credit report. I understand that this Claim was served at an OLD ADDRESS. However, I moved to a new address in January 2019. In support of this I can provide confirmation from xxxxx County Council showing my updated details for the purposes of paying Council tax. I changed the V5 as soon as reasonably possible upon moving.

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 23/09/2019 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. On 23/09/2019 I attempted to contact the Claimant using information given to me by Northampton County Court. Upon explaining the situation, the staff member stated the case had been taken out of their hands and passed to Gladstone Solicitors. HX were able to provide me the documentation around the alleged offence by e-mail off the back of this call.
1.5. 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.

1.6. 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.

1.7. 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.


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

GEECEEARR

As per my original thread, the solicitors said they sent some documents to my new address. The Northampton office state that they applied for the CCJ on my old address, contrary to apparently having my new address? Is there any benefit of mentioning this?

The_Deep

Well, I would not not mention it.

GEECEEARR

1.5. 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.


Would this point be applicable?