Double CCJ discovered...

parkingplonker

Umkomaas wrote: »

But your guess is pretty much as good as ours. Let us know what happens.

I certainly will.

So, shall I now tackle the one ccj that I do have as per the newbie thread #2?

i.e send a sar to millennium, then get my set aside forms filled out and a build my defence?

Le_Kirk

parkingplonker wrote: »

So, shall I now tackle the one ccj that I do have as per the newbie thread #2?

i.e send a sar to millennium, then get my set aside forms filled out and a build my defence?

When applying to have a CCJ set aside, speed is of the essence.

parkingplonker

So today I emailed my SAR to millennium and have been working on my set aside form. I have attached it to this post and would really appreciate some feedback on it before i get it all sent off. The only bit that I am conscious about is that I haven't said that I contacted the issuing court (Nottingham) about the particulars of the claim, because I did that back in April. will they ever check when I contacted them about the claim? If not I am happy to add in that I have contacted the. Thanks in advance


DRAFT ORDER

IN THE COUNTY COURT AT: xxxxxx

Millennium door and event security limited (Claimant)

And

XXXXXXXX (Defendant)

CLAIM No: XXXXXXXXX

IT IS ORDERED that:

1. The default judgment dated 16/12/2016 be set aside

2. Costs to be reserved.

3. Unless the Claimant serves a copy of the claim form on the Defendant by 4pm on XX/XX/18 paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £257 and the claim shall be struck out.

4. If the Claimant serves the claim form as directed in paragraph 3 the Defendant shall file and serve a defence by 4pm on XX/XX/2018.

5. Should the Claimant discontinue the Claim after the CCJ is set aside, paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £257 plus the Defendant's costs for attending the hearing.

6. All enforcement be put on hold pending the outcome of the application.

WITNESS STATEMENT

7. I am XXXXXX and I am the defendant in this matter. This is my supporting statement to my application dated XX November 2018 requesting to:

a. Set aside the default judgment dated 16 December 2016 as I was completely unaware of the judgment being served.

b. Order for the claimant to pay the defendant £255 as reimbursement for the set aside fee.

d. Order for the original claim to be dismissed.


DEFAULT JUDGMENT

8. I understand that the claimant obtained a default judgment against me on 16 December 2016. However, it was not served at my current address, therefore I was not aware of the county court judgment until 19/10/2019 when I ran a trust online check on myself after receiving a letter from millennium door and event security stating they had obtained a CCJ against me in February 2017. I did not trust this letter, which is why I ran the trust online check. The check results showed that the letter I had received regarding the CCJ issued in February was totally fabricated and non-existent. However, the results also showed another CCJ issued in December 2016, which I was unaware of.

9. On 22/10/2019 I emailed the data protection officer at millennium door and security services limited with a subject access request, requesting all details they have regarding any alleged incidents, but they have not as yet replied with any information regarding the claims. As the defendant I still do not have any details of the incident the Claimant alleges has taken place, other than the information I have within my trust online file showing judgement amounts.

10. I have never received any correspondence from the claimant, therefore I was never able to challenge the original charge nor the judgement.

11. I suggest the claimant did not make reasonable enquiries to contact me at my current address before perusing the court order. Furthermore, considering they received no response from me to their correspondence this should have been a clear indication that it was very likely an error had occurred in any attempt at contacting me.


12. I believe the claimant has behaved unreasonably by not ensuring they used my correct contact details. According to publicly available information my circumstances are far from being unique. Millennium door and event security’s persistent failure to use correct and current addresses results in an unnecessary burden for individuals and the justice system.

13. Considering the above I was unable to defend this claim. Therefore, I believe that the default judgement against me was irregular and I respectfully request it is set aside.



ORDER DISMISSING THE CLAIM

14. I further believe that the original parking charge notice has no merit and should thus be dismissed. 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 driver.

15. The claimant has obtained details of the vehicle for which the defendant was the registered keeper and used those details to raise a parking charge notice. I dispute this charge 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 have come into force.

16. If the claimant can evidence that the alleged incident relates to the vehicle XXXXXXX any notice to keeper issued 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 registered keeper of the vehicle automatically liable.

17. A requirement of the Protection of Freedoms Act 2012 is that any notice to keeper must be served within 14 days of the date of the alleged incident. Since I have not received any documentation I submit the claimant has not complied with the requirements of the Act and thus cannot claim this charge against me as the registered keeper in any case.


18. I further submit that the parking charge notice is without merit due to substantial issues in law. This is for the following reasons:

a. Lack of Standing by Claimant: The claimant is not the landowner of the residents 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 his or her own name. Any consideration will have been provided by the landholder and only they would have been able claim for any damages or trespass.

b. 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 driver of the vehicle of which I was the registered keeper. I further submit that any loss to the landowner (which would be the only party able to claim such losses) would be minimal.

c. The Charge is an Unenforceable Penalty: I further submit that the parking charge is nothing but an unenforceable penalty as it is not based on any loss suffered due to the alleged infraction.

d. 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 driver. Therefore, there is no consideration from the driver to Millennium door and security services limited.

19. 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.

20. In order to make informed decisions and statements in my defence as former keeper of the 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.
•

Coupon-mad

by 4pm on XX/XX/18

Needs to say 2019 as you are telling the Judge how you hope the order will look and leave it to him/her to fill in future dates in 2019.

parkingplonker

good spot, thank you! Apart from that I think I am good to go with it.

What do you think about me not mentioning the particulars, will the judge not ask how I am aware the ccj is from millennium if I only have the case number to go by?

Redx

Simple , you tell the truth , how you discovered it etc

Why would you lie ? Something triggered your interest and sleuthing

Le_Kirk

Maybe correct this error: -

11. I suggest the claimant did not make reasonable enquiries to contact me at my current address before [strike]perusing[/strike] pursuing the court order. Furthermore, considering they received no response from me to their correspondence this should have been a clear indication that it was very likely an error had occurred in any attempt at contacting me.

parkingplonker

Could somebody please help with regards to transferring my information onto the N244 form.

on question 3- What order are you asking the court to make and why? ........ is this where I enter my default judgement points? Or is it simply a case of answering 'to set aside a judgement against me because I was completely unaware of any claim being made'

Also question 10- What information will you be relying on, in support of your application?
the attached witness statement
the statement of case
the evidence set out in the box below (written evidence)

Which of these do I tick if any? Do I submit my whole default judgment and order dismissing the claim here as written evidence? Or do I submit it with the form as a separate addition?

Sorry if these are basic questions, but I just don't want to get the form wrong. Have searched the forum for a guide on how to fill out the set aside form but I couldn't find anything relevant. Again, Thank you in advance

Coupon-mad

https://legalbeagles.info/library/how-to-set-aside-a-county-court-judgment-ccj/

The questions have been covered here before but I can't find them right now!

parkingplonker

More silly questions sorry! I am ready to send my set aside form and documents off, but I am really confused as to where to send them? Do I have to send them to the original issuing court (Nottingham) and if so, How do I pay my fee as I don't have a cheque book?!

Or can I take it to my local County Court and file it there and pay the fee there and then?

I have read the guidance notes form filling out the N244 form but it doesn't state this information anywhere. Apologies again if its been covered!