CCJ Parking fine help

harrypotter29

 

Hello, all i was wondering you could help me, I am in a very similar situation. In the past week i saw on my credit report that bw legal had registered a CCJ on December 2019.
January 2018 i parked in a friends underground car park- A fob was needed to gain entry to the car park. I had moved address in September 2017 , however my post was still going to the house as we were selling the house and i was there once a week picking post up. May 2018 the house was sold. I then moved into a house with a friend and changed all my addresses to this address (apart from my V5 which was changed in Feb 2020) As i never knew this had to be changed. I then moved into rented accommodation August 2018- March 2019 ( All bills including council tax and my driving license were at this address ) I then moved in with partners parents to save for a deposit for a house and all bills and electrol role plus license are in my new address.
To my knowledge i have never received any correspondence from them, and if i had i would of paid, unfortunately ive had a number of bus lane tickets previously at that address and paid them.

I’ve spent a long time reading all threads and the newbie thread and you are all amazing at what you do, however all of this seems a little over my head .
123MRST I have tried to follow by your example please could someone read the below and advise if this will be sufficient- writing is not my strong point. Apologies in advance . I will post my witness statement and Draft below

Thank you all i really do appreciate this

harrypotter29

I am XXX and I am the defendant in this matter. This is my supporting statement to my application dated XXX requesting to:

a. Set aside the default judgment dated XX January 2020 as it was not properly served at the Defendant’s current address

b. Order for the original claim to be dismissed.

c. Order for the claimant to pay the defendant £255 as reimbursement for the set aside fee.

DEFAULT JUDGMENT

1.1. I was the registered keeper of the vehicle at the time of the alleged offence.

1.2. I understand that the Claimant has obtained a Default Judgement against me as the Defendant on xxx I understand that this Claim was served at MY OLD ADDRESS (xx) and not served at my current address (xx) or previous address where the Defendant had moved from August 2017. Confirmation of this has been in the form of utility bills and a Council Tax bill from Oldham Council.

1.3. The claim form was not served at my current address or previous and I thus was not aware of the Default Judgement until 09th May 2020 following a notification of an automated credit report update; as found in Schedule (X)

The address on the claim is XXXX. I moved to my current address at XXXX on the XXXX – on electrol role, previous address (XXX) Had council tax bills, . In support of this I can provide a scanned copies of council tax and utility bills; Schedule (X)

1.4. In addition to the above, it should be highlighted that the integrity and law-abiding intention of the Defendant should be taken into consideration on the basis that;

1.4.1 I discovered a CCJ was lodged onto my credit file on the 09th May 2020.

1.4.2 On the 3rd May I emailed the County Court Business Centre to obtain relevant information relating to this default judgement; Schedule (X). With no response I contacted on the 15th May through telephone I was able to obtain the information I needed

1.4.3 On XXX I have wilfully submitted my case in order to set-aside this judgement and fairly present my case.

1.5. I believe the Claimant has behaved unreasonably in pursuing a claim against me without ensuring they held the Defendant’s correct contact details at the time of the claim.

1.6. On that basis, I believe the Claimant has not adhered to CPR 6.9 (3) where they had failed to show due diligence in using an address that the Defendant no longer resides. The claimant did not take reasonable steps to ascertain the address of my current residence despite having some 12 months to establish an address. This has led to the claim being incorrectly served to an old address and an irregular judgement.

1.7. 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.

Furthermore, Prime Minister May publicly pledged to investigate ‘abuse’ of the CCJ System and so called ‘Credit Clamping’ as reported in the Daily Mail article dated 12 September 2016. The Right Honourable Sir Oliver Heald on 23 December 2016 "announced a crackdown on unresolved debts which can damage people’s credit ratings without them knowing. The action comes after concerns were raised that companies were issuing claims to consumers using incorrect addresses."

The Minister added "It cannot be right that people who are unaware of debts can see their lives and finances ruined by county court judgments. That 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.” Furtherance to points raised in 1.3 above.

1.8. Considering the above I was unable to defend this claim. I believe that the Default Judgement against me was issued incorrectly and thus should be set aside and I ask the Court to kindly consider the reimbursement of the fee of £255 from the claimant should this request be successful.

1.9 Considering all of the above the Defendant was unable to defend this claim properly. Defendant believes that the Default Judgement against him was issued incorrectly and thus should be set aside.

 

 

 

 

DRAFT ORDER
IN THE COUNTY COURT AT

XXXXXX XXXXX LIMITED (Claimant)
And

(Defendant)

District Judge

UPON reading the Defendant's application dated 4th May 2020 and the annexed witness statement of XXXdated XXX

IT IS ORDERED that:
1. The default judgment dated XXX be set aside.
2. Costs to be reserved.
3. Unless the Claimant serves a copy of the Claim Form on the Defendant by 4 pm on [date] paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £255 and the claim shall be struck out.
4. If the Claimant serves the claim form as directed in paragraph 3 the Defendant shall file and serve a defence by 4pm on [date].
5. Should the Claimant discontinue the Claim after the CCJ is set aside, paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £255 plus the Defendant's costs for attending the hearing.
6. That all enforcement be put on hold pending the outcome of the application.

Redx

It's not b w legal , name the parking company ??

I assume you are going for a £255 set aside ?

harrypotter29

Yes that is  correct if possible, it seems that's the route most people have taken

Apologies the company is UK Parking control
Thank you

Coupon-mad

UKPC are usng BW Legal?  UKPC normally use SCS Law.

D_P_Dance

Have you read this?

http://parking-prankster.blogspot.com/2016/11/residential-parking.htmlantsot

What does your friend's lease/AST say about parking? Does it mention the need to display a permit? then it may take primacy over the self serving TnC of the scammer, and interfere with your lawful right to “quiet enjoyment” of your property, possible an offence under The Landlord and Ten Acts.

Nine times out of ten these tickets are scams, so consider complaining to your MP., it can cause the scammer extra costs and work, and in some cases, cancellation.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the enacted

Just as the clampers were finally closed down, so hopefully will many DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/of these Private Parking Companies.

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

harrypotter29

@Coupon-mad
 Yes I rang the court and thats what they have told me BW legal ?

@D_P_Dance She no longer lives there- I have asked her and she has stated usually they would put up a permit but as he had the car they didnt have the permit and let me use her space

Umkomaas

harrypotter29 said:

@Coupon-mad
 Yes I rang the court and thats what they have told me BW legal ?

Can you double check and confirm the full name of the parking firm. Many use very similar acronyms. 

Redx

B w legal are the law firm , but they acted for a client , they do not usually act for ukpc , but many companies have similar acronyms and names

Perhaps it was ukcpm (usually Gladstone's) or maybe UKPPO ?

You need the actual claimant name in order to issue a SAR or two and fight this with a set aside

Think of it as your milk from a milk delivery person , they didn't produce the milk and bottle it , they usually deliver on behalf of a company like milk and more , coop dairies etc , so if it's sour , complain to the company , not the person who delivered it

You want the name of the organ grinder , not be monkey

Coupon-mad

Yes please double check with the court, the EXACT name of the parking firm claimant and ask for a copy of the claim form.

harrypotter29

You were right its UKPPO, ive finally got the claim form- ill send of for SAR now

 

THE CLAIMANT'S CLAIM IS FOR THE SUM OF       £112.74 BEING MONIES DUE FROM THE            DEFENDANT TO THE CLAIMANT IN RESPECT OF A    PARKING CHARGE NOTICE (PCN) ISSUED ON        12/01/2018 (ISSUE DATE) AT  AT               UNDERGROUND CAR PARK AT NUOVO APARTMENTS     GREAT ANCOATS STREET MANCHESTER.             THE PCN RELATES TO VAUXHALL                  UNDER REGISTRATION YP63HWM.                  THE TERMS OF THE PCN ALLOWED THE DEFENDANT   28 DAYS FROM THE ISSUE DATE TO PAY THE PCN,  BUT THE DEFENDANT FAILED TO DO SO.           DESPITE DEMAND HAVING BEEN MADE,             THE DEFENDANT HAS FAILED TO SETTLE THEIR     OUTSTANDING LIABILITY.                       THE CLAIM ALSO INCLUDES STATUTORY INTEREST   PURSUANT TO SECTION 69 OF THE COUNTY COURTS  ACT 1984 AT A RATE OF 8% PER ANNUM A DAILY   RATE OF 0.02 FROM 12/01/2018                 TO 10/10/2019 BEING AN AMOUNT OF             £12.74.                                      THE CLAIMANT ALSO CLAIMS £60.00              CONTRACTUAL COSTS PURSUANT TO                PCN TERMS AND CONDITIONS.