CCJ for old address and PCN for using my neighbours bay

twhitehousescat

set aside with consent.
but this leaves you £100 out of pocket

pretty obvious that the ipc did not do an audit of the site and never checked accuracy of there website

Coupon-mad

So I'm contacting first PPC (New World Facilities or Gladstones?) if they willing to set aside with consent.
Should I only mention about what Henrik777 says regarding CPR 13.2?
Or should I add all circumstances mentioned earlier like wrong company numbers and having permission from landowner?

I'd use henrik777's wording about mandatory set asides and the CPR, attach some sort of proof of these addresses and your V5C if you still own the car, and mention (just a one liner) about the different company numbers and that this will be pointed out to the Judge when asking for full costs 'on the indemnity basis' (including the £255 N244 fee) to be awarded and the claim struck out on the spot at the first hearing, if they refuse to set aside with consent when they know this is a mandatory situation with failed/improper service of the claim.

Add that you are not offering or agreeing to pay the parking charge sum.

See if Henrik777 adds anything more this week if he sees this thread.

JWs

Thanks for all your help.

Just to clarify where just I send it to?
New World Facilities or their solicitors Gladstones?

And how much time I have to fill N244 form in case they won't go with set aside with consent option?

Coupon-mad

Send it to both and give the parking firm client 7 days to respond and agree.

nosferatu1001

You must complete your N244 application and get it filed with the court within a couple weeks - 3 at the outside - of discovering the CCJ. This is not optional. You have a DUTY to act promptly, and this is wht the court will expect.
Given part of your Set aside WS will be stting when you discovered the CCJ, and this MUST be true, you cannot fudge this date.

Dont lose sight of your critical objective.

JWs

Right.
I think it is worth it to try to send them a letter anyway and give them 7 days to respond. It won't cost anything and if they won't repsond I will send N244 form which will be exactly within 2 weeks of finding the CCJ

nosferatu1001

Its not just the form, remember. You know this, from the newbies thread.
It will be
- N244 form
- Witness Statement supporting the REASONS to SET ASIDE - NOT the reason why the claim must fail
- Additional evidence to support the WS
- Defence to the underlying charge, so you can use CPR13.3 (other good reason to set aside)
- 6 point draft ORDER you want the court to turn into the REAL order they make.

JWs

So I came up with something like this:

---

Dear Gladstones Solicitors,

On June 2019 you issued a county court claim against me to recover the outstanding amount for an unpaid ticket relating to a parking event that took place on 06/10/2017, car registration XXXX.

Firstly, I would like to point that on the signage where that parking event took place you put wrong Company Number which has nothing to do with New World Facilities!East Essex LTD (picture attached). Additionally!there is wrong Company Number on NWFEE LTD's website (picture attached) and this will be pointed out to the Judge when asking for full costs 'on the indemnity basis' (including the £255 N244 fee) to be awarded and the claim struck out on the spot at the first hearing, if You (Gladstones Solicitors) refuse to set aside with consent when You (Gladstones Solicitors) know this is a mandatory situation with failed/improper service of the claim!.

Secondly you attempted service at the XXXX, an address I had not lived at since December 2018.
!
After obtaining an address from the DVLA and receiving no response for any letter, Gladstones Solicitors determined this was not my current address and sought the above address from a credit agency to send further correspondence and serve the claim in question. At no point did I respond to any correspondence sent to this address which leaves the question as to why Gladstones Solicitors believed this would be my current address.

A credit search of the electoral roll records and connections clearly show that I occupied XXXX until DECEMBER 2018 with my new address dated after this particular one so I find it difficult to comprehend that Gladstones Solicitors believed this to be my current address.

In addition, V5C of the car to which PCN was issued has been updated in January 2019 (see attached). On top of that my Driving License, car insurance, all utility bills and Council Tax have been updated at the same time (feel free to request copy of any of these).

For this reason it is clear that the claimant (Gladstones Solicitors) failed to take reasonable steps to ascertain the address of the defendant’s (myself) current residence.

As service was defective and not valid, the court must set aside your judgment pursuant to CPR 13.2

justice.gov.uk/courts/procedure-rules/civil/rules/part13#13.2

Cases where the court must set aside judgment entered under Part 12

13.2 The court must set aside a judgment entered under Part 12 if judgment was wrongly entered because–

(a) in the case of a judgment in default of an acknowledgment of service, any of the conditions in rule 12.3(1) and 12.3(3) was not satisfied

Conditions to be satisfied
12.3

(1) The claimant may obtain judgment in default of an acknowledgment of service only if –

(a) the defendant has not filed an acknowledgment of service or a defence to the claim (or any part of the claim); and

(b) the relevant time for doing so has expired

justice.gov.uk/courts/procedure-rules/civil/rules/part12#12.3

The relevant time for filing an acknowledgement of service

justice.gov.uk/courts/procedure-rules/civil/rules/part10#10.10.3

(1) The general rule is that the period for filing an acknowledgement!of service is –

(a) where the defendant is served with a claim form which states that particulars of claim are to follow, 14 days after service of the particulars of claim; and

(b) in any other case, 14 days after service of the claim form.

(2) The general rule is subject to the following rules –

(a) rule 6.35 (which specifies how the period for filing an acknowledgement!of service is calculated where the claim form is served out of the jurisdiction under rule 6.32 or 6.33);

(b) rule 6.12(3) (which requires the court to specify the period for responding to the particulars of claim when it makes an order under that rule); and

(c) rule 6.37(5) (which requires the court to specify the period within which the defendant may file an acknowledgement!of service calculated by reference to Practice Direction 6B when it makes an order giving permission to serve a claim form out of the jurisdiction).

If the claim form was not served (or validly served as some may put it) the time limit for acknowledging service has not begun. If it hasn't begun it can't have expired. If it hasn't expired that is a mandatory set aside.

This is on point with the court of appeal in Dubai Financial Group Llc v National Private Air Transport Services Company (National Air Services) Ltd [2016] EWCA Civ 71 (09 February 2016)

Moreover, I do not consider that the CPR presents an obstacle in the circumstances of this case to setting aside judgment. CPR 13.2 provides that the court must set aside a default judgment where any of the conditions in rule 12.3(1) and 12.3(3) was not satisfied. The latter provision does not apply, but the former is relevant. CPR 12.3(1) states that a claimant may obtain judgment in default of an acknowledgement!of service only if (a) the defendant has not filed an acknowledgement!of service or a defence and (b) the relevant time for doing so has expired (my italics). I accept Mr McLaren's argument that, when an order for retrospective validation of an alternative method of service has been made pursuant to CPR 6.15(2) the relevant time for filing an acknowledgement!of service is the period which the court must specify under CPR 6.15(4)(c). Where, as in this case, the court did not specify any such time there can be no relevant time which has expired for the purposes of CPR 12.3(1). If this analysis is correct the requirements of CPR 12.3(1)(b) have not been satisfied and so the court is obliged to set aside the default judgment pursuant to CPR 13.2(a).

I do not see it as a draconian consequence that a judgment, obtained after deemed service has been effected without specifying a time for that service to be acknowledged, should be set aside as of right in such a case. I agree that CPR 13.2 specifies the circumstances in which a default judgment must be set aside and in my judgment one of those circumstances is when judgment is entered in default of an acknowledgement!of service when "any of the conditions in rule 12.3(1)…was not satisfied". Here one such condition was not satisfied, namely the time for acknowledgement of service had not expired, because none had ever become applicable.
This, to my mind, is not "playing technical games" (c.f. the passage from the Abela case, cited at paragraph 11 in the judgment of Longmore LJ). It is merely applying the principle that due process should be followed. If a defendant has never become under a valid obligation to acknowledge service, either as specified under the rules or by order of the court, I do not see how it can be that a judgment can be entered against him in default of such acknowledgement. He is simply not in default at all.

In light of the above, and the over riding objectives (CPR 1) i invite you to consent to a mandatory set aside, with the costs bourne by yourselves which will be cheaper than obtaining the same result without consent.

I would like to kindly mention that I'm not offering or agreeing to pay the parking charge sum.!!

If you would like me to provide further proof of my new address, please do not hesitate to contact me.

Please respond within 7 days.

Kind regards,

---

Do you think that looks good?

In the meantime while waiting for them to reply, or not hear anything from them within 7 days I will prepare this to be ready:

- N244 form
- Witness Statement supporting the REASONS to SET ASIDE - NOT the reason why the claim must fail
- Additional evidence to support the WS
- Defence to the underlying charge, so you can use CPR13.3 (other good reason to set aside)
- 6 point draft ORDER you want the court to turn into the REAL order they make.

nosferatu1001

That is a bad letter, sorry.
It just launches straight in
The actual reason for set aside - failure to serve - isnt talked about until the second para, and youve just copied and pasted lines without really understanding whty theyre there

The more you say, the more it can e used and twisted. You need to *concisely* write your points.

KeithP

I am not too sure that a judge would like the bit where you quite forcefully state that you deliberately ignored correspondence from the claimant's solicitors.

There must be a better way of getting that point across - or leave it out.