CCJ- Set Aside- CLAIMANT DISCONTINUED

dtnwf

Hi all,

I’m looking for some advice.

I received a default CCJ last year. I noticed this when carrying out a credit check.

I contacted the CCBC and received the written Particulars of Claim – NWFEE had issued a PCN for parking in my own residential parking bay. I did not receive any information regarding this as it was all sent to an old address.

 I submitted an N244 form as advised by a debt helpline, along with a Witness Statement prior to receiving the SAR information.

I was rather naïve to everything. My Witness Statement wasn’t great, I’d used out-dated information and didn’t send any supporting evidence. However, I did state that I was a resident at the location where the PCN was issued. I’m now quite despondent as I feel I have a good defence but this is futile if I do not get the judgement set-aside.

I have a set-aside hearing next month.

My question is, do I now send the evidence of being  a resident to the local Court?

Le_Kirk

What did it say on the order informing you of the hearing date?  Did it ask for a further witness statement or evidence?  You could try a supplementary witness statement and evidence which includes your proof of residence and more importantly the terms of your lease, especially if it has any evidence that you were permitted to park there and even if it remains silent about parking.

nosferatu1001

You have a face to face hearing? Or telephone?
Show us what you submitted. You have a copy yes? 
Why did you get a default? Was the form sent to an old address? 

dtnwf

Many thanks for your reply Le-Kirk.

The order states ' Time, date, Location and Time estimate: 30 Minutes.

'Enforcement stayed pending hearing'.

There has been no request for a further Witness Statement or evidence.

I will email my evidence to the court today. I have evidence to show I was a resident at the location.

 

nosferatu1001

No, please dont jump in like that
There are some key bits of info we need first, so you dont jsut fire off doc after doc to the court. 

dtnwf

nosferatu1001 - I have no yet received information with regards to Telephone or Face-to-Face yet. The default was as a result of information being sent to an old address. 

The following is what I have sent. I'm really embarrassed by it. I feel that I've already ruined my chance of defending due to this poorly written Witness statement. It was written prior to even receiving the Claimants evidence. 

I am XXXXXXX and I am the Defendant in this matter.

This my Statement in support of my application dated XX/10/2019 to:

 

•         Set aside the Default Judgement dated XX/06/2019 as it was not properly served at my current address;

·         Order for the Claimant to pay the Defendant £255 as reimbursement for the set aside fee;

•         Order for the original claim to be dismissed.

 

1. Default Judgement

1.1. I understand that the Claimant obtained a Default Judgement against me as the Defendant on XX/06/2019 However, a claim form had not been served at my current address or correct address and I thus was not aware of the Default Judgement until XX/10/2019 when I was doing a routine check on my credit file. I understand that this Claim was served at an OLD ADDRESS (XX, XXXX, XXXX). However, I moved to a new residence XX/XX/2017 and in support of this I can provide confirmation of driving licence, car insurance documents and letters showing the updated details.

 

1.2. I have also never received any previous documentation from the Claimant in this matter and I thus was never able to properly challenge the Claimant’s claim.

 

1.3. On the XX/10/2019 I contacted the County Court Business Centre to find out details of the Default Judgement. It was confirmed this was in relation to a Parking Charge Notice issued by New World Facilities East Essex for parking where I lived. I can provide confirmation of me living there and a parking permit for this location.

 

1.4. On XX/XX/XXXX I contacted the Claimant using information given to me by the County Court Business Centre. I spoke to an advisor at New World Facilities East Essex via telephone who stated they were unaware of any County Court Judgements. Additionally, I contacted Gladstones Solicitors stating that I had lived at the location where the Parking Charge Notice was issued. I was advised to email evidence of this which I have done. On XX/XX/XXXX I emailed a Subject Access Request to the Claimant in order to gain more information as to why a Parking Charge Notice may have been issued. As the Defendant I am unaware of any details of the incident which the Claimant alleges has taken place, other than a Parking Charge Notice for parking where I live and charges now owed, which is shown on my Credit report.

 

1.4.1 In addition to the above, it should be highlighted quick action of the Defendant should be taken into consideration on the basis that; I discovered a CCJ was lodged onto my credit file on the XX/XX/XXXx and on XX/XX/XXXX I contacted the County Court Business Centre to obtain relevant information relating to this default judgement.

 

1.4.2 On XX/XX/XXXX 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. According to publicly available information my circumstances are far from being unique. The Claimant’s persistent failure to use correct and current addresses results is an unnecessary burden for individuals and the justice system across the country.

 

1.6. On the basis provided above I would suggest that the Claimant did not fulfil their duty to use the Defendant’s current address when bringing the claim. The ticket was allegedly issued on XX/XX/XX2017 and the Judgment date was XX/XX/2019. Furthermore, working as a XXXX XXX in XXXXX, Essex the Defendant incurred a bus lane fine, was alerted to this promptly by the local council and therefore paid without issue on XX/XX/2017. Therefore, New World Facilities East Essex have not made a reasonable effort to contact the Defendant.

 

1.7. Considering the above I was unable to defend this claim properly. I thus believe that the Default Judgement against me was issued incorrectly and thus should be set aside.

 

 

 

2. Order dismissing the Claim

 

2.1. I am aware that the claim is for an unpaid Parking Charge Notice (PCN). I contend that I am not liable for the parking charge and the grounds for this are laid out below in further detail

 

2.2. It is denied that I the Defendant or lawful users of the vehicle were in breach of any parking conditions or were not permitted to park in circumstances where an express permission to park had been granted to the Defendant permitting the vehicle to be parked with a valid parking permit. The Claimants particulars of the claim obtained from County Court Business Centre state, ‘PARKED IN BREACH OF THE TERMS OF PARKING STIPULATED ON THE SIGNAGE (THE 'CONTRACT') AT XXXXX’.

I assert that there was an absolute entitlement to park a vehicle in the relevant allocated bay with permit, without limitation as to type of vehicle, ownership of vehicle or user of the vehicle. Evidence of the permit and proof of residence of the Defendant will be provided to the Court.

 

2.3. I as the Defendant aver that the operator’s signs cannot override the existing rights enjoyed by residents and their visitors who have a valid permit.

 

2.4. I further submit that the Claimant’s claim is without merit due to substantial issues in law. This is for the following main reasons:

 

2.4.1. No Loss Suffered by Claimant: Their claim is presumably based on damages for alleged breach of contract. It is a fundamental principle of English Law that a party who suffers damages through breach of contract can only seek through court action to be put back in the same position as they would have been if the breach had not occurred. In order to do so, they must demonstrate their actual, or genuine, pre-estimate of loss. I submit that no loss has been suffered by the Claimant as a result of any alleged breaches of contract on the part of any motorist of the vehicle of which I am the Registered Keeper.

 

2.5.3. Claimed charge is an Unenforceable Penalty: I further submit that the Parking Charge that the Claimant claimed, given it is not based on any loss suffered due to the alleged breach, is nothing but an unenforceable penalty.

 

2.5.4. No contract with the claimant: Any contract must have offer, acceptance and consideration both ways. There would not have been consideration from the Claimant to the motorist; the fee for parking benefits the landowners, not the Claimant. Therefore, there is no consideration from the motorist to New World Facilities East Essex.

 

2.6. On this basis I believe that the Claimant has not provided any reasonable cause of action and thus the claim should be dismissed in its entirety.

 

2.7. In order to make informed decisions and statements in my defence as keeper of the vehicle, I will require copies of all paperwork and pictures of all signs from the Claimant.

 

Statement of Truth

I believe that the facts stated in this section are true.

Signed:

Dated:

Full name:

 

Redx

Act in haste , repent at leisure

Gather all your information before firing off any rounds , blowing your own toes off won't help you

It's only been an hour since you started this thread and the topic is a complicated issue

D_P_Dance

Sliow dow, and 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.

dtnwf

Thank you. I'll wait out for further instruction.
I feel confident with regards to my defence however, with the diabolical above Witness statement for the set aside i'm not sure I'll even be provided with the opportunity to put it forward.

Redx

The set aside is only about the reasonable grounds for a set aside , the actual PCN case will be dealt with later , if the judge grants the set aside

So the defence for the court case , plus PCN , plus any witness statement and exhibits will be for the case if and when you get a set aside , in other words , it's not all dealt with in one go and you can submit supplementary witness statements later

nosferatu1001

You gave CPR13.2 gruonds; they served 2 YEARS later at an address you moved out of. 
Did yo ucommunicate with the PPC at any point? Ie between them issuing the PCN and you moving, did you talk or email or write to them? If so, when was the last date you did? 
The WS isnt bad. 
What you need to do is sjhow you were there to be found at your NEW address, in 2019, when they filed the claim. BEFORE they filed the claim they should have confirmed your address. THis would be through tracing. If you were on council tax, electoral roll, etc - and can EVIDENCE This - this shows the claim was never lawfully served on you, and so they cannot have asked for default judgement as defaults can only happen AFTER the claim is served. 

Additionally you have good reason -= CPR.13.3 - so if the auto set aside isnt allowed, you can show you have a good chance at defending the claim.