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

sha09

Hi, I have an update. I have received an email from the debt collectors yesterday. 

They sent me the copy of the PCN which was issued due to unauthorised entry/parking. As I explained earlier this premises is gated and the gate will only be open if you inform the reception. My friend who was the tenant there informed the reception that I am visiting her and I’ll be staying longer as we will be putting her stuff in my car for shifting her home. And then the reception allowed me to enter and opened the gate. Otherwise there is no way the gates can be open or to enter these premises. 

This PCN was delivered at my old address. The date of incident on pcn is 28th May 2015. However, I moved out from that address on 1st June 2015 and lived with my friend for few month before I found my own rented apartment. I informed the landlord while leaving old address to inform me if he received any letter for me. The old address had issues with posts because that property was based on several studios and our posts use to delivered by the main door in the communal area which was under constant use of people (no proper letter box for each tenant/studio). I also lost few other letters from other organisations in past. Since I was not aware of this pcn and that I owe money to this parking company I couldn’t inform them about my new address. Otherwise I could appeal this pcn and inform them about my address or pay this pcn. 

I found my apartment in January 2016 and updated my new address with a council, banks, DVLA and HMRC and with other necessary companies.

In the second email, they confirmed that they performed the trace in April 2019 via equifax and did not found any new address. Therefore they sent all the correspondence to the address which premier park has provided them (which is my old address in 2015). This email contradicts to the credit report I have obtained from the equifax on 18th feb 2020 which clearly shows that I’m living at my new address since 2016. 

I also acquired the copy of the judgment from county court which was sent at my old address in November 2019.

I have a defence for pcn and the proof that the claim form was served at my old address. 
I am now re-writing my WS with this timeline. I need the advise if this timeline is okay to put in my WS? 

Coupon-mad

In the second email, they confirmed that they performed the trace in April 2019 via equifax and did not found any new address. Therefore they sent all the correspondence to the address which premier park has provided them (which is my old address in 2015). This email contradicts to the credit report I have obtained from the equifax on 18th feb 2020 which clearly shows that I’m living at my new address since 2016. 
I also acquired the copy of the judgment from county court which was sent at my old address in November 2019.
I have a defence for pcn and the proof that the claim form was served at my old address. 
I am now re-writing my WS with this timeline. I need the advise if this timeline is okay to put in my WS?

Yes, that sounds much more organised and a coherent statement of what happened when.

sha09

Hi, here is my update version of WS. Please let me know if its fine for set aside?

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

This is my supporting Statement in support of my application dated XXXX 0 to:

· Set aside the Default Judgement dated 26/11/2019 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. Set-Aside Default Judgement
1.1. I have at no time tried to avoid paying for any known debt and was at all times there to be found by a simple trace. I understand that the claimant obtained a default judgment against me 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 judgment until I performed the credit search on my credit file on 17/02/2020. I understand that this judgment and the claim form was served at my old address XXXX in 2019, However, I moved out from my old address in June 2015.
1.3. My current address is up to date with council tax, banks, utility bills, HMRC and Electoral register since 2016.

1.4. I have never received the claim form served in September 2019 or any previous correspondence from the claimant or any debt recovery agents in this matter and I thus was never able to properly challenge the claim. This is despite my best efforts as noted below.

1.5. On 17/02/2020 I contacted Northampton County Court to find out details of the default judgement. The County Court sent me an email containing the case details, name of claimant (Premier Park Limited) and claimant’s solicitor Name (XXXX) and their contact details.

1.6. On 17/02 2020 I contacted the claimant using information given to me by Northampton County Court. They said I need to speak to their solicitors in order to discuss this matter. I then contacted XXXX solicitors on the same day and requested a copy of the PCN, letters and the evidence of the trace they performed in 2019 to obtain my current address.

1.7. On 20/02/2020 I received the email from XXXX solicitors confirming that they performed the trace in April 2019 via Equifax and did not found any new address. Therefore, they sent all the correspondence to the address which premier park limited has provided them (which is my old address in 2015). This email contradicts to the credit report I have obtained from the Equifax on 18/02/2020 which clearly shows that I’m living at my new address since 2016. Email from BW legal and my credit report from Equifax attached below for your reference.

1.8. On 21/02/20 I also acquired the copy of the judgment from county court which also shows that it was sent at my old address XXXX in November 2019. Copy of court judgment attached for your reference.

1.9. On 22/02/202 I contacted the XXXX solicitors to confirm the dates on which they have sent me the letters. They provided the following dates on which they sent letters to my old address.

            12th April 2019

            29th April 2019

            05th September 2019

            25th September 2019

            25th October 2019

            27th November 2019

            06th January 2020

1.10. As XXXX 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. 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 a 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."

1.11. Considering the above where no claim form was received, and I was unable to defend this claim properly. I thus believe that the default judgment against me was issued incorrectly and the court has the discretion to set aside the default judgment.

2.  Order dismissing the Claim

2.1 I also believe I should be allowed and have a real prospect of successfully defending the claim as per further details in this section.

2.2. This PCN was delivered at my old address from where I moved out on 01/06/2015 and lived with my friend for a few months. I informed the landlord while leaving the old address to inform me if he received any letter for me. The old address had issues with posts because that property was based on several studios and our posts use to delivered by the main door in the communal area which was under constant use of people (no proper letterbox for each tenant/studio). I also lost a few other letters from other organizations in the past. Since I was not aware of this PCN and that I owe money to this parking company I couldn’t inform them about my new address. Otherwise, I could appeal this PCN and inform them about my address. Meanwhile, I updated my new address with a council, banks, DVLA and HMRC and with other necessary companies.
2.3. On 21/02/2020, I received only the copy of PCN upon my request from XXXX solicitors via email to send me all relevant documents including PCN and the letters they sent at my old address. The PCN was issued on for “Unauthorised Entry/Parking” at XXXX Court, on 28/05/2015. The claimant has not provided details of the signage that was in operation at the time of the alleged contravention.

2.4. XXXX Court is the gated premises and the gate can only be open if the tenant informs the reception about their guests, otherwise, gates are closed 24hrs. The picture of the closed gate is attached for your reference.

2.5. My friend (XXXX) who was the tenant at XXXX Court, Coventry informed the reception that I am visiting her, and I will be staying longer as we will be putting her stuff in my car for shifting her home. And then the reception allowed me to enter and opened the gate. Otherwise, there is no way the gates can be open or to enter these premises. 

2.6 On 24/02/2020 at 9:06 am I contacted the claimant asked them to supply the guests' entry logs submitted to it by XXXX Court on the day of the alleged contravention as part of my Subject Access Request. The claimant said we have stopped operating in XXXX Court since November 2015 and have failed to respond to this part of my request. This action has however further placed the defendant in an unfair situation to be correctly able to defend the case.

 

2.7 To understand the process of obtaining entry into the XXXX Court’s premises, I attained one during my visit. The guest registration is undertaken via a handwritten logbook at the reception desk. The reception requests the details from the tenant about their guests such as the guest’s vehicle registration number, the name time of entry/exit, etc. The only confirmation provided to my friend and me was that the gates are open, and I am allowed to enter/park on the premises. I was not provided with a hard or electronic copy of any permit. As a result, a permit I had no information they can refer to in order to understand what agreement they have entered into with the claimant. I suggest this is a business practice that places guests at an unfair advantage. I put it that a reasonable person would expect to be provided with a copy of any permit they hold to enable them to be considered bound by its terms.

2.8. On this basis, I believe that the PCN was issued incorrect as I entered the premises with permission taken from the reception by their tenant 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: 

 

Coupon-mad

court summons,

Nope, there was no summons.

I would also state that the CCJ should not be allowed to stand, and there are definite grounds to be allowed to defend the claim as pleaded, because the sum includes falsely added 'damages' which are an attempt at double recovery.  see any (non ParkingEye) defence thread you care to click on to see what I mean by that!