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

sha09

@nosferatu1001 I’m sorry I am just panicked and stressed that’s why I might be repeating things but I need the help please. 

So as I explained my opening post, should I write in my WS that I contacted the claimant’s solicitors and they confirmed over the phone that they sent all the documents at my recent know address which old address. And they got this from equifax. And should I also bc attach my equifax report with my WS showing my current address is since 2016?

sha09

Just an update: I just received a call from the claimant’s legal representative and they confirmed me over the phone that they got my old address from their client and then they performed the trace that became negative hence the sent all their correspondence and claim form to my old address. 

Should I include that in my WS? 

Le_Kirk

You should include all evidence that helps your case.  Did you get that telephone call confirmed in writing by e-mail?  If not it cannot be submitted as evidence!

nosferatu1001

Phone calls are not worth the paper theyre written on
Sha09 - you include everything in your WS that SUPPORTS why you should get a set aside. Thats the purpose of the WS. So, obviously them stating they got an address that turned out to be wrong helps - it doesnt help them, as they should still be liable (their agent failing means THEY failed, and its a private matter betweenthe PPC and Equifax in terms of them getting costs back), but it supports that the form clearly was not served properly. 
But, as pointed out - it is only hearsay. You do not have anything in writing, from equifax, stating they gave the wrong address. The person on the phone could be lying to you. You do not know one way or the other
We know you are stressed
But
That doesnt help anyone. Repeating answered questions just means useful stuff gets missed
Instead of asking "should this be included", get a draft together. Get a proper, sensible, CONCISE witness statement that lays out *in a simple, easy to follow timeline* why you did not get served the claim form. You cannot jump about in this, it must flow well. You will include why Equifax should have returned your current address - and attach proof of such - as one of the latter items
Oldest item first, newest last, so it reads welll top to bottom. Dont over elaborate. Dont put every detali in, as not every detali will help. 

sha09

Hello guys, I have drafted my WS now could anyone please review it and give an expert opinion. I want to put my application for set aside today. 

I am ______________ and I am the Defendant in this matter ______________

This is my supporting Statement in support of my application dated 20th February 2020 to:
· Set aside the Default Judgement dated 26/112019 as it was not properly served at my current address;
· Order for the original claim to be dismissed, or to be re-heard at a new hearing

1. Default Judgement
1.1. I understand that the Claimant obtained a Default Judgement against me as the Defendant on 26/11/2019 However, this claim form has not been served at my current address and I thus was not aware of the Default Judgement until I performed the credit search on my credit file on 17/02/2020. I understand that this Judgement was served at an old address ______________, However, I am living at my current address since 2016.
1.2. At the time of the County Court Judgement, I was on the electoral roll at my new address and was registered at the new address for council tax, banking, bills, my driving license and with the HMRC, “credit report” attached for reference. As ______________ Solicitors had received no correspondence from me at any point and I had not responded to the court summons, I believe they had reasonable cause to question whether they were using an accurate address and that simple and correct searches could have provided them with the correct address.
1.3. I believe the Claimant has behaved unreasonably in pursuing a claim against me without ensuring they held the Defendant’s current and correct contact details. According to publicly available information, my circumstances are far from being unique. The industry’s persistent failure to use correct and current addresses results is an unnecessary burden for individuals and the justice system across the country. This is a topical issue: I note that the Justice Minister The Rt Hon Sir Oliver Heald QC MP announced on the 23rd December 2016 a consultation and information campaign to help protect consumers from debt claims. The consultation will look at ways to; “better protect consumers who are sent mail to inaccurate addresses and verify addresses again before a claim is sent.” He added:
"It cannot be right that people who are unaware of debts can see their lives and finances ruined by county court judgments. In the digital age, we must ensure companies pursuing unpaid debts make every reasonable effort to contact individuals, rather than simply relying on a letter to an old address."
1.4. On the basis provided above, I would suggest that the Claimant did not rightly fulfil their duty to use the Defendant’s current and correct address when bringing the claim.
1.5. I have also never received the claim form or any previous documentation from the Claimant or BW Legal in this matter and I thus was never able to properly challenge the claim. This is despite my best efforts as noted below.
1.6. On the 17th of February 2020, I contacted Northampton County Court to find out details of the Default Judgement. The court email contains the case details saying it was a parking charge notice, on ______________, at ______________, at ______________, Car make and registration number, Interest rates, Name of claimant ______________ and Claimant’s Solicitor Name ______________ Solicitors) and their contact details.
1.7. On 17th February 2020, I contacted the Claimant using information given to me by Northampton County Court. They said I need to speak to their Solicitor’s in order to discuss this matter. I then contacted the ______________solicitors who they have instructed to recover the debt. They informed me over the phone that they got instructions from their client “Premier Park Limited” in April 2019 to recover the debt, which is after 4 years of parking contravention. _____________ Solicitors informed me that they performed a trace using credit referencing agency “Equifax in April 2019 and got negative, which mean my recent know address is my old address. However, the credit report I have attached is also from Equifax showing my current address since 2016 as per the Electoral Register. This means the claim form and the previous correspondence from ______________ Solicitors were sent to my old address and as the Defendant, I did not have adequate details of the claim to defend in the court.

1.8. Considering the above I was unable to defend this claim properly. 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 have received no documentation from the claimant regarding this alleged contravention relates to the vehicle I am in fact the Registered Keeper.
2.2. The alleged incident occurred at C______________,  on the 28/05/2015 I have a recollection at this date I went to ______________Court to help my friend to move out her luggage from ______________ Court to another place. ______________ Court is the gated premises and you cannot enter the ______________ Court without informing the reception and request them to open the gate. My friend informed the reception to open the gate for me and also informed them that she is moving her luggage so the car might stay longer in the parking as we need time to put stuff in the car. The reception staff allowed her and opened the gate for me to enter the premises, otherwise, there is no way to enter the ______________ Court without permission. I arranged the picture of the restrictions sign at ______________ Court attached blow showing if you want to stay more than 15 minutes for loading then request from the reception.
2.3. In my understanding Premier Parking Limited to be a Private Parking Company that uses ANPR in order to issue “Parking Charge Notices” presumably issued a PCN for the incident explained above. I am not aware if I have received this PCN for this incident and If I would have received the PCN, claim form or any correspondence from claimants or ______________ Solicitors, I would definitely defend it in the court.
2.4. 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.

 

Statement of Truth:
I believe that the facts stated in this Witness Statement are true.
Full name: 
Dated: 
Signed:

 

Coupon-mad

The ''of''' is unnecessary and grating with me!

the 17th of February

Worse, is the use of an imaginary parking firm that is neither one nor the other:

 In my understanding Premier Parking Limited

Sorry but you would not believe how common that one is and we've groaned about it so much before that I am suppressing a scream!

sha09

Coupon-mad said:

Even worse is the use of an iaginary parking firm that is neither one nor the other:

You mean I should not put the name of Primier Parking Limited in para 2.3?

Sorry but you would not believe how common that one is and we've groaned about it so much before that I am suppressing a scream!

sorry but i did not understand what you mean here?

Coupon-mad

Please read it more carefully.
You DO understand if I say the PPC you have 'named' is made up!  Of course you do not put the wrong name in just because that's what you are guessing they are called, when they are not...

Doing what we do here requires a careful eye for detail.

nosferatu1001

I dislike that WS
I said to get a ince clear timeline. You didnt. You just edited the previous one, making it longer. 
You are communicating facts. Do so. thats the purpose of the WS. 

sha09

nosferatu1001 said:

I dislike that WS
I said to get a ince clear timeline. You didnt. You just edited the previous one, making it longer. 
You are communicating facts. Do so. thats the purpose of the WS. 

I have tried to cover up all the timeline in this WS. Could you please reply with my WS' each para that what is lacking?