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CCJ for old address and PCN for using my neighbours bay
JWs
Posts: 21 Forumite
Hi all,
Few days ago upon checking my credit file I found out I got active CCJ on my report.
It turns its for parking ticket.
Thing is CCJ is dated in June 2019 an it was served at my old address which I moved out from December 2018. I have changed all my paperwork including V5 straightaway.
This is the claim I got from court today after requesting it over the phone:
THE DRIVER OF THE VEHICLE WITH REGISTRATION XXXXX (THE 'VEHICLE') PARKED IN BREACH OF THE TERMS OF PARKING STIPULATED ON THE SIGNAGE (THE 'CONTRACT') AT ROTARY WAY HORIZONS ROTARY WAY COLCHESTER XXXXX, ON 06/10/2017 THUS INCURRING THE PARKING CHARGE(THE 'PCN'). THE DRIVER OF THE VEHICLE AGREEDTO PAY THE PCN WITHIN 28 DAYS OF ISSUE YET FAILED TO DO SO. THE CLAIMANT CLAIMS THE UNPAID PCN FROM THE DEFENDANT AS THE DRIVER/KEEPER OF THE VEHICLE. DESPITE DEMANDSBEING MADE, THE DEFENDANT HAS FAILED TO SETTLE THEIR OUTSTANDING LIABILITY. THE CLAIMANT CLAIMS £100 FOR THE PCN, £60.00 CONTRACTUAL COSTS PURSUANT TO THE CONTRACT AND PCN TERMS AND CONDITIONS, TOGETHER WITH STATUTORY INTEREST OF £19.31 PURSUANT TO S69 OF THE COUNTY COURTS ACT 1984 AT 8.00% PER ANNUM, CONTINUING AT £0.04 PER DAY.
Problem is at this place I got one bay where I could park without any permit as this was allocated to my flat. I didn't need to display anything on windscreen. Sometimes when I had visitor I led him park on my space and I parked on my neighbours bay which I had verbal permission to do so as he didn't have a car so he led me use it all the time. So I did occasionally. And there was no issue when suddenly after few months on 06-10-2017 I received PCN for doing so.
I ignored it as thought it absolutely ridiculous. Also after talking to friend he suggested to not respond to those as they are scammers. I probably received 2 or 3 letters from them. Then I moved out and was devastated with my discovering. After reading tones of posts I know that I could set aside easily just to at least be able to pay it and not have CCJ on my file for 6 years.
But I really would like to fight it back.
I have already almost filled N244 but struggling to what to put in question 10.
I sent request to New World Facilities for all data they hold regarding to this matter.
So far I got this:
I am xxx and I am the Defendant in this matter.
This my supporting Statement in support of my application dated xxxx/2020 to:
· Set aside the Default Judgement dated June 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 June 2019. However, this claim form has not been served at my current address and I thus was not aware of the Default Judgement until 16 January 2020 when I was doing a routine check on my credit file. I understand that this Claim was served at an OLD ADDRESS (xxx). However, I moved to a new address in December 2018. In support of this I can provide confirmation from Colchester County Council showing my updated details for the purposes of paying Council tax and contract with Letting Agency.
1.1. On the 16/01/2020 I contacted Northampton County Court to find out details of the Default Judgement.
1.2. 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.
1.3. 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.
1.4. 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.
2.7. In order to make informed decisions and statements in my defence as keeper of the a 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.
This is their Rules on site:
( I cannot insert image as new user:()
I'm not to sure how to describe my situation as above wording so it looks good.
As English is not my native language I was even thinking to set aside and pay it so I could get rid off that CCJ from Credit Report.
I was trying to apply for mortgage soon and it would be disaster with CCJ on my file.
Any help with this I would really appreciate
Few days ago upon checking my credit file I found out I got active CCJ on my report.
It turns its for parking ticket.
Thing is CCJ is dated in June 2019 an it was served at my old address which I moved out from December 2018. I have changed all my paperwork including V5 straightaway.
This is the claim I got from court today after requesting it over the phone:
THE DRIVER OF THE VEHICLE WITH REGISTRATION XXXXX (THE 'VEHICLE') PARKED IN BREACH OF THE TERMS OF PARKING STIPULATED ON THE SIGNAGE (THE 'CONTRACT') AT ROTARY WAY HORIZONS ROTARY WAY COLCHESTER XXXXX, ON 06/10/2017 THUS INCURRING THE PARKING CHARGE(THE 'PCN'). THE DRIVER OF THE VEHICLE AGREEDTO PAY THE PCN WITHIN 28 DAYS OF ISSUE YET FAILED TO DO SO. THE CLAIMANT CLAIMS THE UNPAID PCN FROM THE DEFENDANT AS THE DRIVER/KEEPER OF THE VEHICLE. DESPITE DEMANDSBEING MADE, THE DEFENDANT HAS FAILED TO SETTLE THEIR OUTSTANDING LIABILITY. THE CLAIMANT CLAIMS £100 FOR THE PCN, £60.00 CONTRACTUAL COSTS PURSUANT TO THE CONTRACT AND PCN TERMS AND CONDITIONS, TOGETHER WITH STATUTORY INTEREST OF £19.31 PURSUANT TO S69 OF THE COUNTY COURTS ACT 1984 AT 8.00% PER ANNUM, CONTINUING AT £0.04 PER DAY.
Problem is at this place I got one bay where I could park without any permit as this was allocated to my flat. I didn't need to display anything on windscreen. Sometimes when I had visitor I led him park on my space and I parked on my neighbours bay which I had verbal permission to do so as he didn't have a car so he led me use it all the time. So I did occasionally. And there was no issue when suddenly after few months on 06-10-2017 I received PCN for doing so.
I ignored it as thought it absolutely ridiculous. Also after talking to friend he suggested to not respond to those as they are scammers. I probably received 2 or 3 letters from them. Then I moved out and was devastated with my discovering. After reading tones of posts I know that I could set aside easily just to at least be able to pay it and not have CCJ on my file for 6 years.
But I really would like to fight it back.
I have already almost filled N244 but struggling to what to put in question 10.
I sent request to New World Facilities for all data they hold regarding to this matter.
So far I got this:
I am xxx and I am the Defendant in this matter.
This my supporting Statement in support of my application dated xxxx/2020 to:
· Set aside the Default Judgement dated June 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 June 2019. However, this claim form has not been served at my current address and I thus was not aware of the Default Judgement until 16 January 2020 when I was doing a routine check on my credit file. I understand that this Claim was served at an OLD ADDRESS (xxx). However, I moved to a new address in December 2018. In support of this I can provide confirmation from Colchester County Council showing my updated details for the purposes of paying Council tax and contract with Letting Agency.
1.1. On the 16/01/2020 I contacted Northampton County Court to find out details of the Default Judgement.
1.2. 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.
1.3. 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.
1.4. 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.
2.7. In order to make informed decisions and statements in my defence as keeper of the a 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.
This is their Rules on site:
( I cannot insert image as new user:()
I'm not to sure how to describe my situation as above wording so it looks good.
As English is not my native language I was even thinking to set aside and pay it so I could get rid off that CCJ from Credit Report.
I was trying to apply for mortgage soon and it would be disaster with CCJ on my file.
Any help with this I would really appreciate
0
Comments
-
1) exact date you found the CCJ needed. This tells us how long you have to submit this
2) Did you get ANY paperwork before you moved? Original NtK? Im not going to read detail yet. Just tell us
3) What is the DOC REF date on your V5C? Thats the date the DVLA updated the document. Get it out and tell us.
A set aside is your ONLY OPTION.0 -
1) Found out about CCJ 18/01/2020
2) I received 2 or 3 NTK from them but nothing related to court. I'm not in possession of any originals.
3) DOC REF is 10/01/2019
Hope this will help0 -
So the CCJ is a year old?
Then read all the posts by Henrik777 about set asides (click on his username in the members list and start reading his advice). He knows more than most of us about this specific subject IMHO, and has been on pepipoo forum and Legal Beagles for years.
In fact, I was hoping to ask if Henrik777 will be OK and have some time to start a new thread this month with a 'walk through' the steps to either set aside 'with consent' or 'without consent' and then I'll link it in the NEWBIES thread. PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Well CCJ is dated back in JUNE 2019 so it is 7 months old.
I'm going through so many posts right now that honestly I'm bit confused which way I should go to defend myself.0 -
That's why you need to read Henrik's advice on his posts. It will take more than one afternoon, so put aside this week to get your head round the options.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
on New World Facilities website
New World Facilities East Essex Ltd
PO Box 12210, Colchester, CO1 9PQ
Company registration number: 08307156
and on companies house https://beta.companieshouse.gov.uk/company/083071560 -
I know who they are 0
-
have you seen where the company number is listed for
1: was your permit marked with bay number
2: have you asked the dvla who (inc company no) asked for your info0 -
Have you read this
[FONT=Times New Roman, serif][FONT=Times New Roman, serif]http://parking-prankster.blogspot.com/2016/11/residential-parking.html[/FONT][/FONT]
If your neighbour was happy uwith you using his/her space they moght struggle if this claim is resurrected.
[FONT=Times New Roman, serif][FONT=Times New Roman, serif]Nine times out of ten these tickets are scams, so consider complaining to your MP, it can cause the scammer extra costs and work, and has been known to get the charge cancelled.
Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.
Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.
[FONT=Times New Roman, serif]http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted[/FONT][FONT=Times New Roman, serif]
Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.[/FONT][/FONT][/FONT]
You never know how far you can go until you go too far.0 -
Which company number is on the signs?IMPACT ACCESS LTD
Company number 08307156
Other engineering Activities
Which company number is on the Notice to Keeper?
Good call, resident cat!twhitehousescat wrote: »have you seen where the company number is listed for
1: was your permit marked with bay number
2: have you asked the dvla who (inc company no) asked for your infoPRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0
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