CCJ Parking fine help

harrypotter29

I got the CCJ set aside !!!!
I didnt get my costs back due to him saying it was served correctly due to me not updating my v5 for along period of time, but for me acting in a reasonable time and able to defend my claim due to the Tenancy agreement not stating my friend had to adhere to terms of conditions of the parking company.

I now need to write a defence and send to the solicitors and the claimants (Is that correct ) and the court.
Thank you all for your help - I will put a defence up shortly 

Le_Kirk

Well done, half-way there.  Your defence goes to the court (file) and to the claimants (serve) who would be on the court paperwork.

Castle

Fruitcake said:

In paragraph 5, Shapla Begum states that at the time of the alleged event, the claimant was a member of the IPC, yet the image of the yellow and black sign quite clearly states UKPPO were BPA members. Therefore Shapla Begum's statement is therefore false.

UKPPO was a member of the BPA when the original contract was signed in August 2015; but "moved" to the IPC around November 2015; so the, (undated), picture of the sign is more than 2 years out of date.

D_P_Dance

At hearing 1 the judge wants to see that you have a reasonable defence to put to hearing 2

I kerp asking this, why?  Why cannot you just admit that you were in the wrong and pay the original,  (lower), charge.Surely the fact thast the PCN was not properly served has no bearing on its validity?

harrypotter29

D_P_Dance said:

At hearing 1 the judge wants to see that you have a reasonable defence to put to hearing 2

I kerp asking this, why?  Why cannot you just admit that you were in the wrong and pay the original,  (lower), charge.Surely the fact thast the PCN was not properly served has no bearing on its validity?

I would rather do this but i dont know if that is a possibility - I thought my only option was to fight this now.
He would only set the ccj aside if i had a good defence on fighting the ticket.

The judge stated he felt i had due to the  agreement not stating that you had to abide by terms and conditions from a third party, whilst I can also see that technically the sign is over 2 years out of date.
But to safe the anxiety of all this I would of rather paid and had the CCJ removed 

KeithP

D_P_Dance said:

At hearing 1 the judge wants to see that you have a reasonable defence to put to hearing 2

I kerp asking this, why?  Why cannot you just admit that you were in the wrong and pay the original,  (lower), charge.Surely the fact thast the PCN was not properly served has no bearing on its validity?

The court are not in the business of 'credit cleansing'.

nosferatu1001

Was it definitely not just reserved costs? 
Seems the judge didnt know they can only cehck the V5 once...

harrypotter29

He said i cant not claim back my costs due to the ccj being issued to an address that was on the V5  - I should of mentioned they only checked it once ahh - But least I won Just need to complete my defence

Coupon-mad

Paying a lower amount is not an option so ignore that.

You know how to put a defence together, using the TEMPLATE DEFENCE thread.  You should also create another WS (in support of your defence this time) and exhibits and file & serve them all by the 14 days deadline.

This is because we've found this process after CCJ set aside is crap and courts just ask for a defence and bypass the WS & evidence and go straight to a second hearing!   Not acceptable, so put in a WS and evidence as well (as per the NEWBIES thread).

harrypotter29

Thank you all for your help

Please see below questions

1)     I found the post from CEC16 regarding the Crosby case and would like to put that and the skipton case my defence where would I slot this in.

2)     In regards to a new witness statement what would I put in that that’s not already part of the above (Apologies this new to me) I am guessing this is where i would put the tenancy agreement, and the point below about the sign being incorrect, 

3)     I stated to the judge I was driving can I still use the points below?

4) I have seen you post in regards to the defence and the red areas to amend - Please see my amendments below 

I have seen you post in regards to the defence and the red areas to amend - Please see my amendments below.

The facts - lack of prominently displayed contract and no agreement on the charge

 

1.      Should this poorly pleaded claim not be summarily struck out for any/all of the reasons stated above, it is the Defendant’s position that no contract was entered into with the Claimant, whether express, implied, or by conduct.  Therefore, as a matter of contract as well as consumer law, the Defendant cannot be held liable to the Claimant for any charge or damages arising from any alleged breach of the purported terms.  Whilst there is a lack of evidence from the Claimant, the Defendant sets out this defence as clearly as possible in the circumstances, insofar as the facts below are known.

 

2.      The Defendant is not the only driver of this vehicle and the Particulars of Claim offer little to shed light on the alleged breach, which relates to an unremarkable date some time ago.  It is not established thus far, whether there was a single parking event, or whether the vehicle was caught by predatory ticketing and/or by using unsynchronised timings and camera evidence to suggest a contravention.  A compliant Notice to Keeper (‘NTK’) was not properly served in strict accordance with section 8 or 9 (as the case may be) of the POFA.

 

3.      The tenancy agreement schedule (am/001) does not state that within the agreement of having a parking space with a secure Fob that you will need to adhere to rules set by a Third party such as a permit . Permission was given by the tenant who had an agreement with the landlord she could park there and that spot was hers to use.

4.      In regards to the sign , the claimant state that in Paragraph 5 of the witness statement that at the time of contravention the claimant was a member of the Independent Parking Committee however the sign shows they are a member of the BPA, therefore the pictures of the sign are 2 years out of date due to moving to IPC in 2015.