UK CPM - CCJ issued

nosferatu1001

Well you proceed by doing what the order says. 

Do you have their new particulars? If so, file and serve your defence.  

It's written clearly enough, I'm not sure what the question is 

hiphop99

yeesh tough crowd.

I was told to put the order on here when it came - I know they are resubmitting as it has already been sent to me.

If I put in a defence and lose, will I have to pay their costs?

hiphop99

hiphop99 said:

1. The Claimant is a Parking Operator managing the land at __________
2. The Claimant installed signs (i.e. the “Contract”) on the Land that set out its terms of parking. A copy of the
Contract is attached to these Particulars of Claim marked ‘Document 1’.
3. The Claimant entered into a Contract with the driver of the vehicle with Registration Number
(“the Vehicle”). A schedule is set out below;
4. Through the act of parking as described above, pursuant to the Contract, the driver accepted the
Claimant’s terms and was issued with a Parking Charge Notice for the sum set out in the Contract (‘the
Relevant Charge’).
5. The driver failed to pay the Relevant Charge within 28 days (‘the Relevant Period’) or indeed at all. The
Relevant Charge now forms the substantive element of this claim.
6. In addition to the Relevant Charge the Claimant claims £60.00 in general damages as a pre-determined
and nominal contribution to its actual losses suffered as a result of the Relevant Charge not being paid
within the Relevant Period.
THE DRIVER
7. Pursuant to Schedule 4 of the Protection of Freedoms Act 2012 (the ‘Act’), the Claimant has the right to
recover any unpaid parking charges from the keeper of the Vehicle and the ‘keeper’ of the Vehicle is
presumed to be the Registered Keeper, unless the contrary is proven.
8. Notwithstanding the above, the Registered Keeper is, pursuant to the Act, able to nominate who was
driving. The Registered Keeper nominated the Defendant in these proceedings and as such transferred
liability for the Relevant Charge.
1
CLAIM FOR INTEREST
9. The Claimant claims interest under S.69 of the County Courts Act 1984 at a rate of 8% from the date of 28
days after the charge until the date of issue of this claim (06 September 2019) and continuing at a rate of
£0.03 per day until judgment or earlier payment or alternatively at such rate that the Court thinks fit.
CLAIM FOR COSTS
10. The Claimant claims costs on contractual (indemnity) basis, pursuant to CPR 44.5, as the contract contains
an expressed indemnity clause permitting them to do so.
AND THE CLAIMANT CLAIMS:
(1) The Relevant Charge as a debt;
(2) Damages for the Defendant’s breach of contract in the sum of £60.00, as set out above;
(3) Statutory interest, as set out above; and
(4) Costs on a contractual (indemnity) basis pursuant to CPR 44.5, together with the fixed fees and costs of
issuing.

This is what they have submitted to me.

There are a number of grounds here as far as I can see - Abuse of process, I was a tenant at the property and this was not mentioned in the agreement etc. I can defend on all those grounds plus others? I will tweak what I submitted for the Set Aside.

nosferatu1001

No, you are only liable for costs if you behave unreasonably. Otherwise just filing and hesring fees to the court

Coupon-mad

Just use and adapt the template defence from the sticky thread at the top of the forum.  

hiphop99

Coupon-mad said:

Just use and adapt the template defence from the sticky thread at the top of the forum.  

Cool - will do.

Will I have to send an AOS?

hiphop99

nosferatu1001 said:

No, you are only liable for costs if you behave unreasonably. Otherwise just filing and hesring fees to the court

How much are filing and hearing fees? Do these companies win these cases a lot?

KeithP

Will I have to send an AOS?

No.

KeithP

hiphop99 said:

nosferatu1001 said:

No, you are only liable for costs if you behave unreasonably. Otherwise just filing and hesring fees to the court

How much are filing and hearing fees? Do these companies win these cases a lot?

You have been posting here for over six months now. That question gets asked, and answered, at least twice a week. Look around. See what's going on.

Anyway, putting your question - How much are filing and hearing fees? - into google will return a comprehensive answer.

hiphop99

Coupon-mad said:

Just use and adapt the template defence from the sticky thread at the top of the forum.  

Hi Coupon-mad

I can use that defence given the wording below in the document I received? This is still the false admin cost, correct?

In addition to the Relevant Charge the Claimant claims £60.00 in general damages as a pre-determined
and nominal contribution to its actual losses suffered as a result of the Relevant Charge not being paid
within the Relevant Period