Parking CCJ - ANPR camera and CCJ docs sent to old address

thehopcat123

So I've been reading the BPA code of conduct (how fun), and I don't think I can use the defence I see a lot here referencing the POFA Schedule 4 not being able to pursue the registered keeper because the registered keeper (the lease company) will say that I am the driver. The only defence I have there I suppose is that because the incident was so long ago I can no longer offer any counter that proves I wasn't the driver, because who remembers parking somewhere nearly three years ago. Lease vehicles are driven by a lot of people.

The only defence I can see if that had I been aware of this ticket I would have fought it as it doesn't allow a reasonable grace period (I was in and out of the car park for eight minutes). Due to the time that's passed I can't reasonably say that the signage wasn't appropriate or that the machine wasn't working, as too long has passed.

Can I use the defence that IF I knew this had come to court that I would have sough to defend it, and that alongside the not receiving any documents is enough to set aside?

KeithP

thehopcat123 wrote: »

...the registered keeper (the lease company) will say that I am the driver.

How on earth can they do that?

Were the leasing company there when the vehicle was parked?

Coupon-mad

the registered keeper (the lease company) will say that I am the driver.

The lease firm won't say anything as they are not involved. At the start, they will have provided your name and address as the lessee/hirer, but as you say that doesn't mean you were the driver of that vehicle on that date.

The only defence I have there I suppose is that because the incident was so long ago I can no longer offer any counter that proves I wasn't the driver, because who remembers parking somewhere nearly three years ago. Lease vehicles are driven by a lot of people.

Exactly. A lessee/hirer can definitely rely on the POFA para 13/14 about lease cars and transferring liability, as part of the draft defence.

However don't then say things like this, which sounds like you KNOW who was driving?!

(I was in and out of the car park for eight minutes).

And re this, you MUST have all of it in mind as part of the future defence:

Due to the time that's passed I can't reasonably say that the signage wasn't appropriate or that the machine wasn't working, as too long has passed.

Wrong, the fact is, this will be their claim to prove, once you have got the CCJ set aside.

CEL often discontinue cases after set aside, as their evidence is shaky. If not, we see pretty much every poster win at the second hearing anyway, and get their £255 court fee and other costs back.

As this is a CCJ set aside you are doing and preparing for first, you only need a bullet point defence with you. Stop focussing on the defence but be confident you DO have grounds!

The hearing is not about the claim particulars/your defence, it's primarily about satisfying the Judge that the claim form was not properly served and that you should have the CCJ set aside on that basis.

Can I use the defence that IF I knew this had come to court that I would have sough to defend it, and that alongside the not receiving any documents is enough to set aside?

Yes but that's not your 'defence' it's your reasoning to support the set aside (two different things). Search the forum for Judge satisfied set aside and read what a Judge will want to hear from you. It's not a defence...

thehopcat123

KeithP wrote: »

How on earth can they do that?

Were the leasing company there when the vehicle was parked?

No, I suppose that's a defence. I can't say if the vehicle was off the road for repair/accident/stolen/being used by a colleague. I can argue that being named as driver doesn't mean I'm sat in the car for 24 hours a day 365 days a year. I still have annual leave and works in areas where others have access to my vehicle.

Can I use the defence that doesn't I'm not a keeper but a named driver that doesn't mean they have evidence that it was me behind the wheel, so without my chance to respond to this claim it doesn't give me the chance to defend myself, and how would I word that!?

Coupon-mad

As above - and you word it by copying everyone else's - we have HUNDREDS from the past year alone.

thehopcat123

Ok thanks, in regards to the in and out in eight minutes, the lease company have sent me the original PCN (no other information). That states the times on it, however it's a poor quality document so I can't see the image of the car well enough to say it's mine or see the timestamps in the photos.

Coupon-mad

OK you certainly have a decent defence and the PPC will not have complied with the part of the POFA (para 13/14 of Schedule 4) that allows a charge to transfer to the lessee/hirer.

We know this for sure, because we have NEVER seen any PPC get it right!

But you need to search the forum as you are talking about your defence when this stage is just not abut that. As I said:

Search the forum for Judge satisfied set aside and read what a Judge will want to hear from you. It's not a defence...

henrik777

So the address on the PCN is to my fleet company, the address they've forwarded on was my current address at the time of the PCN being issued, but not the correct address for the CCJ.

I'm unclear as to what you mean here,

Do you mean the claim form has a different address on it

or

Simply that by the time they lodged a claim they used the address provided but you had since moved ?

thehopcat123

henrik777 wrote: »

I'm unclear as to what you mean here,

Do you mean the claim form has a different address on it

or

Simply that by the time they lodged a claim they used the address provided but you had since moved ?

By the time they lodged a claim a claim they used the address provided but I had since moved.

thehopcat123

Ok so I think I've got my 6 point draft order and slightly re-worked witness statement, can anyone advise on the below please?

I've also submitted the SAR request, do I need to wait until I hear back from this or can I submit the N244 before this?

DRAFT ORDER

IN THE COUNTY COURT AT: xxxxxx

CIVIL ENFORCEMENT LIMITED (Claimant)

And

MR ********************* (Defendant)


CLAIM No:**********


IT IS ORDERED that:

1. The default judgment dated XX/XX/2015 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 18/05/18 paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £255 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 XXXXXXXX.

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 £255 plus the Defendant's costs for attending the hearing.

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

---

I am XXXX XXXX and I am the Defendant in this matter. This my supporting Statement in support of my application dated 31st of October 2019

1. Set aside the Default Judgement dated XX March 2018 as it was not properly served at my current address and order for the Claimant to pay the Defendant £255 as reimbursement for the set aside fee;

2. Order to dismiss the claim.

1. Default Judgement

1.1. I understand that the Claimant obtained a Default Judgement against me as the Defendant on the 18th of March 2018. I am aware that the Claimant is Civil Enforcement Limited and that the claim is in respect of an unpaid Parking Charge Notice from the XX March 2017 at Car Park – The Golden Lion.

1.2 On the 30 of October 2019 I contacted County Court business to find out details of the default judgement. The details sent to me contain sparse particulars of claim, making is exceedingly difficult for me to lodge an effective defence.

1.3. The claim form was not served at my current address and I thus was not aware of the Default Judgement until 30 October 2019, when I had been advised to check my credit report by a financial advisor due to re-mortgaging my property. I understand that this claim was served at, PREVIOUS ADDRESS. However, I moved to a new address at, NEW ADDRESS on the 20th December 2017. In support of this I can provide a solicitor’s completion statement showing the date of completion, confirmation from my employer of my address and confirmation from Chelmsford Council showing my updated details for the purposes of paying Council tax. All documents are attached.

1.4 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.
1.5 On 30/10.19 I was unable to contact the Claimant using information given to me by the County Court Business Centre. This PCN was issued to the address of Inchcape Fleet Solutions LTD Portsmouth. My address, the Defendant, was given as XXXXXXXXXX and further notice was supposedly issued as it was assumed that I was driving the vehicle at the time and was therefore liable for the PCN. I had been provided a vehicle from Inchcape on lease through my employment. I had moved house in the year it took for the claimant to issue proceedings, in this time they made no contact with me at all despite inchcape fleet solutions, the DVLA and the electoral register all having updated address details.

1.6 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 industry’s persistent failure to use correct and current addresses results is an unnecessary burden for individuals and the justice system across the country. This is a topical issue: I note that the Justice Minister The Rt Hon Sir Oliver Heald QC MP announced on the 23rd December 2016 a consultation and information campaign to help protect consumers from debt claims. The consultation will look at ways to; “better protect consumers who are sent mail to inaccurate addresses and verify addresses again before a claim is sent.” The Minister added that “In the digital age, we must ensure companies pursuing unpaid debts make every reasonable effort to contact individuals, rather than simply relying on a letter to an old address.”

1.7 I have at no time tried to avoid paying for any known debt, and was at all times there to be found by a simple trace. It is submitted that the Claimant should have taken those reasonable steps, and would have known or should have surmised that it was likely that I was not at the old address, given the length of time from the alleged parking charge and the fact that the Claimant was receiving no reply from the Defendant.

1.8 I believe the Claimant has behaved unreasonably in pursuing a claim against me without ensuring they held the Defendant’s correct contact details at the time of the claim.

1.9. 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 and I ask the Court to kindly consider the reimbursement of the fee of £255 from the claimant should this request be successful.
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 not the registered keeper but an unconfirmed driver and used those details to make a claim for a “Parking Charge Notice’’, I thus dispute the claim in its entirety as I have not been shown to have entered a contract, 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 driver, 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 as per the ‘Protection of Freedoms Act 2012’.

2.3 If the claimant has tried to issue this charge as a notice to hirer under schedule 4 paragraphs 13 and 14 of POFA 2012 they would need to comply with the requirements of receiving a copy of the hire agreement and a copy of the statement of liability signed by the hirer. 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 Hirer.