CCJ Parking fine help

harrypotter29

Thank you All.
I've spent the day reading through posts

Points to satisfy the CCJ

- prove that you acted quickly as soon as you were aware of the CCJ ( As soon as i received credit rating I was in touch with the court to start proceedings )

- prove that the claim went to the old address, and thus was not served on you . (Claim went to my Address on December 2019 i sold this house on the 5th June 2018 - On the 19th July . I moved out of the home on the 30th august 2017 while we completed the house and went back and collected post once a week. According to the SAR the parking company sent a letter on the 12/1/2018 (Which i do not remember ) Then next sent a letter on the 14/06/2019 and the 01/07/2019 where if they would of used Tracing agencies they would of seen that this house had been sold. I moved into rented accommodation on 14/09/2018 and all bills were in my name such as Council tax and i was also put on the electoral roll. The only issue i may have is that i did not change my V5 until March this year as i didn't know i needed to- I did however change my driving license when i moved into rented accommodation on the 14/09/2018.

The only issue i have is the actual parking ticket- I parked in a friends underground parking spot - without a valid parking patrol permit , as this was in her car at work.

The solicitors have today sent me a letter with their own witness statement as to why this should not be set aside however have advised they will not be attending.

Please could you help

Thank you - Apologies in advance written communication is not a plus for me

Fruitcake

Start by showing us what you have received, with your personal data redacted of course.

harrypotter29

Thank you
Please see below

Umkomaas

Please rotate the last 5 pages to portrait layout - I struggle to read standing on my head! 😃

Coupon-mad

Well I read it - what a nasty attack on a person with real prospects of defence and a good reason to set aside.

Don't let it bother you.

harrypotter29

Thank you - Please could you help me in regards to what i say when they ask how i would defend against
See below -

The only issue i have is the actual parking ticket- I parked in a friends underground parking spot - without a valid parking patrol permit , as this was in her car at work.

Ill also edit the sheets

nosferatu1001

Easy
Have you read the standard template defence in the newbies thread?
Contains LOTS of arguments! In addition - what doees your friends LEASE or AST say about HER SPACE? Does it state a permit is needed, for example? If not then neither do you need one...

They calim to have traced you. they clearly didnt. SO thats a lie you need to rebut...

harrypotter29

Thank you for you message,
This was over 2 years ago and my friend moved out shortly after- I have asked for the lease but no joy.
I thought i didn't have to submit a defence to court , just show that i will be able defend the ticket but the first court date is about the CCJ itself .

Apoligies i'm feeling very overwhelmed - Just reading through the Newbies thread again thank you

harrypotter29

Was i suppose to do this 

Acknowledging service of a claim:
Here is the up to date document from SoftwareMad, showing how to acknowledge a claim, which is to be done within the first fortnight to buy yourself time to defend (but preferably after DAY FIVE, or you eat into your allowed days!):

https://www.dropbox.com/s/ni1h8g3u5skvynt/MCOL AOS help file.pdf?dl=0

Submitting your defence:
Thanks to KeithP for this summary of how to submit a defence by email to the CCBCAQ email address:  

If you have no access to a scanner, then put an electronic signature in it. When you are happy with it, your defence is to be filed via email as suggested here:

1. Print your Defence.
   
2. Sign it and date it.
   
3. Scan the signed document back in and save it as a pdf.
   
4. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk and if you haven't been able to merge the 6 page Southampton Judgment PDF into your document, just attach that too, but as a second PDF.
5. Just put the claim number (check it very carefully) and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
   
6. Don't do anything else on MCOL (certainly do not use the option 'start defence'!) but do check it after a few days to see if the Claim is marked "defence received". If not, chase the CCBC until it is.
   

nosferatu1001

THen get a statement from her about what she recollects as being in the lease. You have to prove what you can say. if you were told you could park there, by someone with the rights to say that, then you relied upon that. You had no need to enter a contract with the claimant. 
Your hearing is to set aside the CCJ
A set aside can be granted for 2 reasons:
1) automatic set aside under CRP13.2 - no form was properly served on you. Thats teh moving out, never seein it etc
OR
2) discretionary set aside under CPR13.3  - you have any other good reason, and filed your set aside promptly. A good reason for allowing the set aside can be that you have a reasonable prospect of success at any hearing, and that is best proven by having a draft defence.

Given you never had a claim form, how do you think you could have acknoweldged the claim? Thats teh point - you never had been served, meaning your time to acknowledge the claim or defend never expired, meaning they could never apply for a default judgment.