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

KeithP

What is that date in 2015 doing in para 1 of your Draft Order?

The date in para 3 of the Draft Order should be left as xx/xx/2019. In is for the Judge to decide what that should be.

thehopcat123

KeithP wrote: »

What is that date in 2015 doing in para 1 of your Draft Order?

The date in para 3 of the Draft Order should be left as xx/xx/2019. In is for the Judge to decide what that should be.

That's me not paying enough attention! Changed now.

Coupon-mad

Don't wait for the SAR, as you don't even need that data for the set aside hearing, and one pre-requisite of achieving a set aside is that the D has acted 'promptly' after learning about the CCJ.

thehopcat123

Coupon-mad wrote: »

Don't wait for the SAR, as you don't even need that data for the set aside hearing, and one pre-requisite of achieving a set aside is that the D has acted 'promptly' after learning about the CCJ.

Ok fine, so if I wanted to get this in tomorrow how would I do that? I have the N244 form and means by card to pay the £255, when filling out then N244 do I put the six draft orders and witness statement in box 3: what ordr are you asking to make for the case and why? And is my witness statement the same as my set aside statement? DO I just rock up at my local court with the form filled out and a copy of my draft orders and witness statement?

thehopcat123

Coupon-mad wrote: »

Don't wait for the SAR, as you don't even need that data for the set aside hearing, and one pre-requisite of achieving a set aside is that the D has acted 'promptly' after learning about the CCJ.

Also, is there any way to let the court know of any dates I can't attend a hearing? Have a couple of books trips out of the country coming up, I know how serious this is so if I have to cancel one or both then so be it, but would be nice if there was a way not to

Coupon-mad

OK.

If the N244 has no section for that(?!) I would download a Directions Questionnaire N180 from t'internet and fill out that bit about dates you cannot do, and just attach it as well. Can't hurt.

thehopcat123

Coupon-mad wrote: »

OK.

If the N244 has no section for that(?!) I would download a Directions Questionnaire N180 from t'internet and fill out that bit about dates you cannot do, and just attach it as well. Can't hurt.

They have a section 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

I'll fill out the N180 anyway!

thehopcat123

Ok so I've paid the £255 so just need to get all my documents printed and sent/emailed off. I seem to recall a post somewhere suggesting that as well as posting also taking them over to your local courthouse. Is that correct?

Ok, so I've updated my defence if anyone can cast their eyes over it that would be grand. I'm not sure if I need to include point 2.2, as I'm not the registered keeper.

My main defence is that they haven't complied, I believe with the POFA 2012 act as they haven't got a copy of any hire or lease agreement signed by me, and as such can't hold me liable. So before you even get to proving who was the driver (which they also can't do), they've failed in their due process. Does that work?

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 the Claimant to be a Private Parking Company that uses ANPR in order to issue “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. It appears that the Claimant has obtained details of the vehicle for which I am the alleged driver and used those details to make a claim for a ‘Parking Charge Notice’. Any Notice to Keeper served by the Claimant must comply with the requirements of Schedule 4 of the Protection of Freedoms Act 2012. This includes the requirement to issue the Notice to Keeper within 14 days of the alleged incident. If the Claimant has not complied with the requirements of the Act they cannot claim this charge against me in any case. 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.

2.3 As I have been named as The Driver the Claimant is required to comply with The Protection of Freedom Act 2012, namely paragraphs 13 and 14 whereby they must include a copy of the signed hire or lease documents in order to pursue a claim against a Driver. I submit that the Claimant will have not complied with the requirements of the Act and thus cannot claim this charge against me.


2.4 If the Claimant has obtained details of the vehicle for which I am the alleged driver, 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.

2.5. The Claimant has provided no evidence that I was the driver at the time and date of the PCN being issued. The Defendant avers that the Claimant is therefore limited to pursuing the keeper in these proceedings under the provisions set out by statute in the Protection of Freedoms Act 2012 ("POFA"). In addition, the Claimant will not have transferred liability to the hirer in the prescribed manner under paragraphs 13 and 14 of Schedule 4 of the POFA. So even if the Court is minded to believe that a purported ‘Notice to Diver’ or Notice to hirer' being sent to an old address is acceptable, the lack of enclosures renders the document as not properly served under the statute. Thus, a vehicle hirer who, on the balance of probabilities was not the driver on that occasion, has an absolute defence in this instance and the Claimant's claim has no merit.

2.6. I submit that this is not a penalty charge notice but a private one based on contract law and therefore the Claimant must:

a) show evidence that they have complied with the POFA or alternatively, show evidence of the driver's identity, to prove that this is the right defendant

b) set out the facts on which it is asserted that the claimant has a cause of action against this defendant, and

c) identify the 'relevant obligation' of the defendant to pay parking charges and the 'relevant land' on which the parking is said to have occurred

d) state whether the claim is in relation to a 'relevant contract' or in respect of an alleged trespass or other tort (as per the POFA 2012 Schedule 4)

e) disclose full particulars and a contract, in order to evidence a claim in law

f) evidence how a parking charge which the BPA Code of Practice sets a ceiling for, of not more than £100, has escalated to a brazen attempt at triple 'recovery' reaching over £236 despite the POFA also stating that Driver can only be pursued for the sum on the Notice to Driver (double recovery not being allowed).
g. evidence to show the driver has been allowed a reasonable ‘grace period’ in which to decide if they are going to stay or go. If the driver is on your land without permission you should still allow them a grace period to read your signs and leave before you take enforcement action.

3.6. On this basis I believe that the Claimant has not provided any reasonable cause of action and absent the above being produced in short order, I ask the court of its own volition to strike out this claim and to order the Claimant to refund the Defendant's costs for attending, namely the £255 Court fee in bringing this set aside case, despite not being shown to be liable for any parking charge at all.

3.7 If required to defend at a further hearing, I will require all copies of paperwork, letters and other documentation including pictures of all signage from the Claimant in order to make informed decisions and statements in a comprehensive defence as alleged driver.

Le_Kirk

You don't need to post and hand deliver to the court, just hand delivery is fine; get a receipt from the usher/receptionist.

thehopcat123

Ok I’ve also updated my supporting statement, if anyone can just cast their eyes over this again that would be great.

I am NAME and I am the Defendant in this matter. This my supporting Statement in support of my application dated 1st of November 2019 to:

1. Set aside the Default Judgement dated XXth of 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 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 on the XXth 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 XXrd March 2017 at Car Park – The Golden Lion between 14:56pm-15:04pm.

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. I would also like to make the court aware that once I discovered this alleged offence I acted promptly, completing the N244 and sending off my claim for the set-aside process within 48 hours.

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,OLD 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, updated DVLA records 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. On 30/10.19 I was unable to contact the Claimant using information given to me by the County Court Business Centre, I have contacted the Claimant by phone and email and have not received a response. This means as the defendant I have not had any details of the incident the Claimant alleges has taken place, other than the summary of the charges owed, which is shown on the court papers.

1.5 At the time of this alleged incident I was not the registered keeper of any vehicle and this PCN was issued to the address of Inchcape Fleet Solutions LTD Portsmouth, a fleet management company. Further notice was supposedly issued as I was named as the vehicle driver at the time. 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 I was the correct defendant and that 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, or that they had been provided with incorrect contact details, 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.