Need Help for CCJ issued for a PCN issue in 2015 which i was not aware of.

nosferatu1001

You need:
- a witness statement to support he set aside. You exhibit as part of this documents showing you could be found at your new address, that equifax said you were at this new address, and the court dosc showing it was served at your 2014 address. Remember you dont know for sure - as you presumably havent seen BW Legals documents - that it was equifax's fault. COuld be BW legal messed up and are blaming someone else.
This WS raises the CPR 13.2 gtruonds AND the 13.3 grounds.
- a defence to the underlying charge. Yes, you can write a defence, even if you know nothing abotu it. Dont claim you cannot do so
- a DRAFT ORDER ie what you want the court to order - in this case, striking out the claim, paying you your costs (if there are any) of the set aside, ordering them to serve particulars of claim detailing their FULL DETAILED claim within 14 days, you get 14 days to file a Defence, etc
Usually called a "6 point draft order*
Youve been told a dfew times now NOT the identify the driver, yet you persist in doing so. PPCs READ THIS FORUM! 
Youve also been told to contact them to ask about a set aside with consent, as THEY (possibly via their agents) messed up and *the claim was never lawfully served*. This limits everyones costs, and is in their best interests. Give them 7 days MAX to agree, otherwise you will go ahead with a set aside applicaiton without their consent.
IF they agree, you will need a signed COnsent Order from them, that you attach to your application
But you need to work out which one you are doing, and you must show you understand the process. Currently it is not clear you do. 

KeithP

sha09 said:

KeithP said:

Para 2.4 in your opening post tells us who the driver is, as does the para starting with the sentence "I want to apply for a set-aside".

Para 2.4 is "I also request the County Court for any enforcement action to be stopped or ‘stayed’ until your application is heard."
"I want to apply for a set-aside" is not included in may Supporting statement. My supporting statement starts from "I am _________" in my opening post. 

Sorry, I should have written 'para 2.1' instead of 'para 2.4'. My mistake.

I know the paragraph starting with the sentence "I want to apply for a set-aside" is not included in your Supporting statement.
It is however in your opening post.

It is known that the parking companies trawl this forum just waiting for people to trip themselves up and can try and use your posts, and the information in them, against you.

Your opening post tells the world exactly where this alleged parking event took place - there is only one building in the UK with the name you have used.
Your opening post tells the world exactly what date and time the alleged parking event took place.

Do you understand that the keeper has more protection in law than the driver?

That was what nosferatu1001 was on about when he wrote

WHEN YOU CALLED - did you tell them who drove? SIMPLE yes or no. If NO, then edit the post above. NOW. THE DRIVER parked....

sha09

nosferatu1001 said:

You need:
- a witness statement to support he set aside. You exhibit as part of this documents showing you could be found at your new address, that equifax said you were at this new address, and the court dosc showing it was served at your 2014 address. Remember you dont know for sure - as you presumably havent seen BW Legals documents - that it was equifax's fault. COuld be BW legal messed up and are blaming someone else.
This WS raises the CPR 13.2 gtruonds AND the 13.3 grounds.
- a defence to the underlying charge. Yes, you can write a defence, even if you know nothing abotu it. Dont claim you cannot do so
- a DRAFT ORDER ie what you want the court to order - in this case, striking out the claim, paying you your costs (if there are any) of the set aside, ordering them to serve particulars of claim detailing their FULL DETAILED claim within 14 days, you get 14 days to file a Defence, etc
Usually called a "6 point draft order*
Youve been told a dfew times now NOT the identify the driver, yet you persist in doing so. PPCs READ THIS FORUM! 
Youve also been told to contact them to ask about a set aside with consent, as THEY (possibly via their agents) messed up and *the claim was never lawfully served*. This limits everyones costs, and is in their best interests. Give them 7 days MAX to agree, otherwise you will go ahead with a set aside applicaiton without their consent.
IF they agree, you will need a signed COnsent Order from them, that you attach to your application
But you need to work out which one you are doing, and you must show you understand the process. Currently it is not clear you do. 

I think I will go with sed aside without consent. 
Do you think the statement I posted in my opening post would be helpful for set aside? Or am I missing anything?

sha09

KeithP said:

sha09 said:

KeithP said:

Para 2.4 in your opening post tells us who the driver is, as does the para starting with the sentence "I want to apply for a set-aside".

Para 2.4 is "I also request the County Court for any enforcement action to be stopped or ‘stayed’ until your application is heard."
"I want to apply for a set-aside" is not included in may Supporting statement. My supporting statement starts from "I am _________" in my opening post. 

Sorry, I should have written 'para 2.1' instead of 'para 2.4'. My mistake.

I know the paragraph starting with the sentence "I want to apply for a set-aside" is not included in your Supporting statement.
It is however in your opening post.

It is known that the parking companies trawl this forum just waiting for people to trip themselves up and can try and use your posts, and the information in them, against you.

Your opening post tells the world exactly where this alleged parking event took place - there is only one building in the UK with the name you have used.
Your opening post tells the world exactly what date and time the alleged parking event took place.

Do you understand that the keeper has more protection in law than the driver?

That was what nosferatu1001 was on about when he wrote

WHEN YOU CALLED - did you tell them who drove? SIMPLE yes or no. If NO, then edit the post above. NOW. THE DRIVER parked....

I have updated the opening post. Please have a look now and tell me your opinion if this statement is good enough to set aside the default judgment. 

nosferatu1001

No, dont update opening posts. Noone sees them. 
Have you read what I put, have you written what is REQUIRED by what I put, and have you included everything? You keep doing this *very* quickly. While you need a sense of urgency, if you get this wrong youre screwed - this is your ONE shot to get it sorted. 

sha09

nosferatu1001 said:

No, dont update opening posts. Noone sees them. 
Have you read what I put, have you written what is REQUIRED by what I put, and have you included everything? You keep doing this *very* quickly. While you need a sense of urgency, if you get this wrong youre screwed - this is your ONE shot to get it sorted. 

I have read what you have said and tried to cover all the required parts you mentioned previously. As I am off from work today that's why I am able to do this very quickly.  To be honest I am a bit frustrated now as I am not able to see the clear direction to go. I decided to put set aside application without consent. 
I understand this is one shot to get it sorted that is why I am seeking expert advice form this forum. 

sha09

Hi again, I called the legal representatives of premier parking limited and requested them to send me the email that they acquired my old address from equifax and sent all the correspondence there. They said they will send me an email. Meanwhile I also said if we can set aside with consent. They said I can go to the court and apply for set aside. 

Now I am sure that they don’t eat set aside with consent therefore I will apply for set aside default judgment.

i have obtained all the dates of the letters they have sent to my old address. 

Now I have a questions before I update my WS. 

1) for default judgment, I can draft up the details that I did not received the claim form firstly, and write down all the details about solicitors have sent all the correspondence to my old address. Attach the report from equifax and write down all the date of letters they sent to Old address.

2) for judgement dismissal, I will write the details that first of all the claim form was served wrong in 2019.
The pcn served was wrong as I can recall this specific incident where my friend took permission to enter the the premises and told the reception that I will stay more than 15 minutes for loading purposes. The reception agreed otherwise so would never get in the parking premises as it was a gated premises. 

I did not received the PCN at all in 2014 from premier pairing limited, otherwise I could definitely appeal for it based on the grounds explained above. Even if they claim that they served the pcn I doubt that it was not delivered to me as there was several studios and our posts use to be dropped by the door in the communal area and all the tenants usually lost their posts because of they were left at communal area where no letter box were and post use to be just by door. 

Furthermore, I can recall that before sold out that vehicle in 2019 my v5 was registered at my current address since 2016. 

With this information in the WS will be able to get the judgment set aside and get the pcn dismissesd? 

Half_way

Don't phone then, email. you may need a record of the communication.
Also keep a timesheet / log showing how much time you are spending on this as well as any other costs

sha09

I sent them an email yesterday asking for the copy of all the documentation and given them 4 days to supply the documents. However I think it’s waste of time. If I have to for set aside then I think I should not wait and waste time and apply for set aside.

i have noted all the dates given by them where they sent all the correspondence in 2019. I can put that i the WS.

They sent all the correspondence at the old address where the vehicle was registered in 2014. They said they contacted equifax for get my recent known address which I doubt now they because I got my credit report from equifax yesterday and it clearly show my current address is since 2016 as per electoral records.

My question is, I am confident on this that they served the claim form wrongly but not acquiring my correct address, But what about the pcn? That was served at the address where v5 was registered and I didn’t get it due to the scenario I explained in my last post. I am worried if court denies my application for set aside based on this? 

nosferatu1001

You apply for a set aside whatever happens. Its just whether you apply with consent, or without consent.

Youve been told this over and over. STOP focussing on it. 
They were REQUIRED to send the claim form - NOT THE PCN, THE CLAIM FORM - to your last known good address. The address they got back in 2015 was NOT known good, which is why they used an agent. This agent apparently - and you MUST say aparently, you have no proof *just* their word - told them an old address. This means the claim form was not served
A set aside is about setting aside the JUDGEMENT becaus eyou were not given chance to defend. It has NOTHING to do with the actual PCN at this point.