CCJ for old address and PCN for using my neighbours bay

JWs

Thanks for your feedbacks.

I can see your points.

As I said before English is not my first language so it is even more difficult but won't give up.

I will do better than that

henrik777

JWs wrote: »

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?

Probably both as the solicitor might just say "the case is over we're not dealing with it now"

Whilst time IS an issue, because you're going to use CPR 13.3 as an alternative to your main argument, time has no bearing on an application under cpr 13.2. None, nada, zero, ziltch.

JWs

I hope this looks better now.
Any thoughts?


Dear Gladstones Solicitors,

As on 17/01/2020 after going through my credit report I found out that there is an active CCJ entered in June 2019 by County Court Business Centre. As I understand New World Facilities East Essex LTD was claimant and you Gladstones Solicitors LTD were claimant’s solicitor of the above (Reference: XXXX). This was issued by a County Court to recover the outstanding amount for an unpaid PCN dated at XX/10/2017 (car registration XXX).

I Invite you to set aside with consent for reasons stated below.

1. I moved to the new address XXXX in December 2018 (7 months before CCJ).
2. I was registered on the electoral roll at my new address since December 2018.
3. 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 a copy of any of these).
4. 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 you believed this to be my current address.
5. As a result of the above I never received the paperwork for the CCJ and thus was unable to respond in any way.You had strong reasons to believe that I was no longer at the address of XXXX you were sending the paperwork to. You received no response from me (either in appeal or payment).
6. Despite having reason to believe I had not lived at previous address you continued to send the paperwork to my old address.
7. Despite the above no attempt was made to contact me and I was thus unable to pay or contest the fine given.

As I was never actually served with a claim form, I would suggest the situation warrants a CPR 13.2 ‘mandatory set aside’.
In CPR 12.3 it states that the following conditions must be met for a default judgement to be given:
(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.

13.2 CPR states that a mandatory set aside is applicable if the conditions in 12.3 have not been met. In this situation the papers were never actually served to me and the you had strong reasons to suspect I was no longer at that address. (CPR-12.3.1.b) The relevant time for acknowledgement of service or defence could not have expired as the papers were never received and hence the mandatory time never actually began. Hence, I request the ‘Set aside with consent’.
The Judgement should be subject to a mandatory set aside on the basis that the paperwork was never delivered to me and so I never had a chance to respond and so the relevant time to respond never expired (as it never began) (CPR-12.3.1.b). You had strong reasons to suspect I was not receiving the paperwork sent and equally did not make any additional effort to discover where You could contact me despite the fact, there were several methods whereby, you could have found this information.

In light of the above, and the overriding objectives (CPR 12.3) I invite you to consent to a mandatory set aside with consent, with the costs borne by yourselves which will be cheaper than obtaining the same result without consent.

Additionally on the signage where that parking event took place there was incorrect Company Number which in not associated with New World Facilities East Essex LTD in any way (picture attached). There is also incorrect 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 at the first hearing, if you (Gladstones Solicitors) refuse to set aside with consent when you know this is a mandatory situation with failed/improper service of the claim.

I would like to add 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,

Coupon-mad

When writing to a solicitor, is is customary to start:

Dear Sirs,

and to end:

yours faithfully

And you are not asking Gladstones to set aside, so on their letter/email, you need 'your client' like this:

I Invite your client to set aside with consent for reasons stated below.

4. 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 your client believed this to be my current address.
5. As a result of the above I never received the paperwork for the CCJ and thus was unable to respond in any way. Your client had strong reasons to believe that I was no longer at the address of XXXX [STRIKE]you were sending the paperwork to[/STRIKE]. Your client received no response from me (either in appeal or payment) to their paperwork, so this was a clear signal their letters were more than likely not going to a serviceable address for the keeper, whose DVLA data was by now too old to reasonably rely upon when planning litigation.
6. Despite having reason to believe I had not lived at previous address your client continued to send the paperwork to my old address.

I say the first paragraph below (struck though) is unnecessary repetition:

[STRIKE]You had strong reasons to suspect I was not receiving the paperwork sent and equally did not make any additional effort to discover where You could contact me despite the fact, there were several methods whereby, you could have found this information.[/STRIKE]

In light of the above, and the overriding objectives (CPR 12.3) I invite your client to consent to a mandatory set aside with consent, with the costs borne by [STRIKE]yourselves[/STRIKE] them, which will be cheaper than obtaining the same result without consent.

JWs

Thank you for your help.
I sent it off minutes ago.
Will keep you updated.

DoaM

Is it CPR 13.2 or 12.3?

I don't think it matters too much - typos will be understood

henrik777

DoaM wrote: »

Is it CPR 13.2 or 12.3?

I don't think it matters too much - typos will be understood

Both, depending on which part you are reading

But the over riding objective is CPR 1.1

JWs

Hi all.

Just a quick update.

7 days gone and still no response from New World Facilieties/Gladstones Solicitors.
I managed to speak to them and they say they cannot share any info over the phone and will respond within 30 days.

So now I wonder should I go for set aside with consent straight away or is it better to wait another couple of weeks as Henrik777 suggests there wasn't any claim under CPR 13.2 therefore time is no issue and give them a chance and if there is still no respond then go for N244 and use argument to the judge among others that I could act earlier but wanted to give them chance to get it sorted without wasting judge's time.

nosferatu1001

You CANNOT wait 30 days.

No, you go for a set aside without consent.
You still have a duty to act promptly, to my mind, and I would not risk it.

henrik777

JWs wrote: »

Hi all.

Just a quick update.

7 days gone and still no response from New World Facilieties/Gladstones Solicitors.
I managed to speak to them and they say they cannot share any info over the phone and will respond within 30 days.

So now I wonder should I go for set aside with consent straight away or is it better to wait another couple of weeks as Henrik777 suggests there wasn't any claim under CPR 13.2 therefore time is no issue and give them a chance and if there is still no respond then go for N244 and use argument to the judge among others that I could act earlier but wanted to give them chance to get it sorted without wasting judge's time.

Did they put that in writing ?