Telephone Hearing to Set Aside CCJ at Country Court

injectedmadness

Thank you for allowing me to post and for all the wealth of knoweldge and wisdom shared by everyone on this forum. Without all of this information I would still be bouncing off between solicitors trying to fleece me in what I can only describe a very unfortunate state of affairs.
I have read the Newbie Thread and also the advice on telephone hearings.

Summary of my case:
A PCN was issued in early 2018 for parking in my own car park by CPM. No further communications were received, and subsequently a Court Claim issued. I never received information about this and hence did not have the opportunity to defend this claim. A CCJ was issued.
I found out about the CCJ July 2019 (this was a very difficult time due to my health) while trying to apply for a mortgage. After months of battling ill health and help from residents and this forum, and unhelpful solicitors taking me round in circles, I was able to apply using N244 in Jan 2020. This was accepted and I received a letter in Feb 2020 to confirm my case has been moved to my local court.

N244 - Application to Set Aside CCJ
At the time of submitting my N244 application I submitted a Witness Statment, Letter from other residents confirming postal mail and deliveres go missing very regularly and numerous other facebook posts to confrim the same. Also, at the time of calling the country court it was discovered that the address on their system was not exactly the same as the full addresss of residence. Perhaps, explaining why I never received the paperwork.

Local Court Hearing by Telephone
Fast forward to last week, I received an email from the local court informing me of my telephone hearing. The following orders (summary of) have been made:
- Hearing will be by telephone due to covid
- Parties must send their numbers no later than 48 hours before hearing
- Electronic Bundle to be submitted by solicitors for claimants. The bundle must be:
   - In PDF
   - Index as first page
   - Sequential page numbers
   - Be sent to the court electronically no later than 4PM 48 hours before hearing
- Since order was made without hearing, the ability to exercise right to vary or set aside hearing but this must be done within 7 days from receipt of letter from court.

Additional Information that might be of help:
- Landowner of the building has cancelled many resident's parking tickets.
- In email comms, evidenced in Witness Statment, landlord stated they would have asked CPM to cancel the ticket if I would have reached out before the matter was passed to debt collectors.

I kindly request assistance for preparing for the hearing. My hearing is next week. I want to validate my understanding of what I have read on this forum. I humbly request paitence, I might be inadvertendly asking questions that have already been dealth with previously. This is quite a stressfull time and all the detailed information is proving to be quite overwhelming. I am more than happy to serve the community by writing a detailed account of everything once I've had my hearing to help others.

If I understand correctly, I have to submit to the claimant a case bundle. I gather there is a need to submit draft orders, defense etc. Can this be the same as what I submitted at the N244 application stage? I used examples from this forum to submit my witness statement. Am I permitted to post, here, obfuscated paper work that I submitted to the court? Is it safe to do so?
I am a bit vary of contacting CPM. I have no experience of dealing with the law. I don't want to call them and implicate myself in anything.
Reading the telephone hearing thread, I find that I may need to include some additional information to request dismissal of the case based on the fact that I would prefer a face to face hearing etc. I do not want this matter to be further delayed as my health is always questionable and what state it maybe in later down the line is an unknown. I have included evidence about my health condition as part of the the case bundle that was submitted during N244 application.

P.S I have been using this forum for many years, not this part of it but for the purposes of this post I have created a new identity. 

D_P_Dance

Have you read this?

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

What does your 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.

Le_Kirk

What did the order tell YOU that you had to supply to the court or to the claimant for onward transferal to the court?  I will assume that along with your N244 form and fee you supplied a witness statement and a draft six-point order.  If not then that needs to be done,  For there to be a successful set-aside you need to be able to prove that you stand a fair chance of defending the original claim, by way of your witness statement but NOT by submitting a full defence.  Indeed go to the thread about telephone hearings pointed out by D_P_Dance but also this one: -

https://forums.moneysavingexpert.com/discussion/6130456/telephone-hearings-re-parking-firm-claims-can-we-all-discuss-strategy-and-outcomes-here/p1

Here is a good example of a set-aside application: -

https://forums.moneysavingexpert.com/discussion/comment/77131023#Comment_77131023
It includes a six-point draft order.

Coupon-mad

Reading the telephone hearing thread, I find that I may need to include some additional information to request dismissal of the case based on the fact that I would prefer a face to face hearing etc. I do not want this matter to be further delayed

I agree, and I think for a CCJ set aside applciation, a telephone hearing is OK as long as you submit evidence to support your contention that the claim was not received and that you have prospects of successfully defending the claim, and that the sum (the quantum) was exaggerated and the claim an abuse of process, which is 'good reason' in itself that the CCJ sould be set aside.

What evidence can you show the Judge that the claim is likely to have gone astray?

Have you read at least 30 posts by henrik777 where he explains you have TWO bites of the cherry, and do you understand your fallback position to ask for the CCJ to be set aside, in the event that the Judge doesn't agree that this is 'mandatory'? 

Read henrik777's replies by clicking on his profile, if that part of your argument is not clear in your head!

injectedmadness

Thanks for all the responses. Truly appreciate these.

D_P_Dance I am using primacy of contract as part of my defense. I have as part of the evidence submitted during the N244 included a copy of my tenancy contract. It does not state that I have to display a permit. We have a remote control that is used to open the gates before the driven can enter the car park. Apart from this I have also included a reference in my WS to the public pledge of the ex-PM to review these credit clamping and parking charges.


Le_Kirk, I have read through the posts linked in your post (thanks for sharing). That is quite brilliant bundle. Quite detailed, at the time of writing mine (early 2020) this wasn't available as reference. I have included a witness statment and a draft order (it was more than 6 points though).  Althouth I notice now that my numbering was in correct in the body. Will that have any bearing (I did ask for leniency at the start of my statment for not being legally qualified). In hindsight my format could be much better. Can I improve this and send it on the email address provided by the court? I assume not.

This is what I included under the witness statement document, divided in 3 key points and elaborated each point.

1) Set aside the Default Judgement XXXXXX dated XXXXX on the basis that the Defendant did not receive the claim.

2) Order for the original claim to be dismissed on the basis that the Defendant has a reasonable defence; or to be re-heard at a new hearing.

3) Order the Claimant to pay the defendant at least £255 as reimbursement for the set aside.

Coupon-mad apologies I'm not sure I understand the following:
"Have you read at least 30 posts by henrik777 where he explains you have TWO bites of the cherry, and do you understand your fallback position to ask for the CCJ to be set aside, in the event that the Judge doesn't agree that this is 'mandatory'? 
Read henrik777's replies by clicking on his profile, if that part of your argument is not clear in your head!"
I have read atleast 3 pages of replies from henrik777. But not quite sure what to make of it.

To evidence that I did not receive the claim form I have a letter written by another neighbour confirming the issue with receiving posts in the place of residence and further to that numerous screenshots of posts from the communal facebook page regarding receipt of other people's letters and/or missing posts and parcels. I have also included evidence that I wasn't present in the country during such time when this could have been sent.

To show prospect of defense, I have included evidence that the particulars of claim referred to me as a driver, the post code of the parking was incorrect, communication from the landowner that had I contacted them earlier CPM indicated that the parking charge would be cancelled (as they have done with my other residents - I have included evidence of this) and the big part of it is primacy of contract.

At this point, looking at the order. Do I have to do anything else besides submitting to the court my phone number? Am I right in understanding that the 'case bundle must be prepared by solicitors for the Claimant' means this needs to be prepared for submission by the claimant's solicitors AND NOT by my solicitors (I'm representing myself) for submission to the Claimant.

On the day of the hearing can I rely on pieces of information that are not part of the documentation already submitted at the N244 stage? Any guidance on what to expect on the day would be very beneficial. Generally, I read that I can call the Judge Sir or Madam? Is that correct and acceptable? Ideally, I hope this is dismissed on the basis that CPM indicated to the landlord they would have cancelled it if it was pre-debt collection stage.

Coupon-mad

What's not clear from henrik777's multiple replies to people, telling them about mandatory set asides (claims not served properly) and the non-mandatory fallback position?  His are the best replies to read to understand that and he quotes the law on it loads of times.  That's what you need to understand for this hearing.

Any guidance on what to expect on the day would be very beneficial.

That's already in the set aside section of the NEWBIES thread, with links to very recent examples.

Generally, I read that I can call the Judge Sir or Madam? Is that correct and acceptable?

Yep.

Ideally, I hope this is dismissed on the basis that CPM indicated to the landlord they would have cancelled it if it was pre-debt collection stage.

But this hearing isn't about the claim or getting it dismissed. It's about whether the Judge agrees that it is right to set aside the CCJ, so that the case is rewound back and you can then defend it at another hearing later.

injectedmadness

Thanks for getting back Coupon-mad. I'll re-read the posts made by henrik777 with a fresh pair of eyes  to get a better understanding of mandatory and non-mandatory fallback positions.

But this hearing isn't about the claim or getting it dismissed. It's about whether the Judge agrees that it is right to set aside the CCJ, so that the case is rewound back and you can then defend it at another hearing later.

I'll keep that in mind and do more research on this. I think my evidence to show that I never received this is quite good, back with testimonies from neighbours. Depending on the outcome, I will then go through all the great resources that are on this forum.

injectedmadness

I've received a trial bundle from the claimant's solicitors. There is a witness statement and quite a lot of paper work they have submitted refuting my claim. I'm reading through it as I write this.
Obviously they have responded with refuting all my claims, non recipt of letter, claim to costs, primacy of contract etc.
As I read the volume of information, I'm trying to frame how I will counter what is being said. Firstly, my set aside application states that I did not recieve the court paper work relating to the claim. They are countering this with all the other letters sent preceeding to the claim and my inaction and failure to identify driver at the time in those stages as part of their witness statement. Is the judge going to base his judegement on non-receipt of the court paper work or all the preceeding paper work too, including the supposed affixed PCN. I travel significantly for work and cannot comment on all the preceeding non court paper work sent by the debt collection and/or solicitors. I can however support this with stamps in my passport.

They are also refuting my claim to set aside based on a phone conversation I had upon finding out about the claim. At the time due (previously mentioned in the post above) to a lack of full address the CCBC wasn't able to give me full details but directed me to speak to the solicitors instead as the address I was providing them did not fully match the address they had on the system. In this conversation I asked to settle (I now understand this would be Set Aside with Consent) but they haven't mentioned this, how can I prove this?

I'm not sure if I can go into more details here. I gather from the forums 'they' are reading. Is it okay to share information to help?

Umkomaas

A lot of this stuff is pure template drivel. Does your copy refer to you in parts as 'she' and in other parts as 'he' and 'they'/'them'?  Does it refer to the 'Independent Parking Committee' (old name) instead of the current 'International Parking Community'?  All sure indicators of template!

nosferatu1001

What matters is why you didnt get a chance to file a defence. THe pre action letters being responded to is irrelevant to this. 
Not id'ing the driving is also ENTIRELY irrelevant. you dont need to. 

"They are also refuting my claim to set aside based on a phone conversation I had upon finding out about the claim. At the time due (previously mentioned in the post above) to a lack of full address the CCBC wasn't able to give me full details but directed me to speak to the solicitors instead as the address I was providing them did not fully match the address they had on the system. In this conversation I asked to settle (I now understand this would be Set Aside with Consent) but they haven't mentioned this, how can I prove this?"
I dont really understand their "refutation" here? Yuo spoke to them, and said could you settle, so that means you shoudlnt get a set aside? Huh?

henrik777

Also, at the time of calling the country court it was discovered that the address on their system was not exactly the same as the full addresss of residence

Who's fault is that ? Did it lead to the missing post ?

The answers are significant to your application based on non service and cpr 13.2 which has no time barriers nor do you actually need any prospect of winning the underlying case.