CCJ - Unsure If I can fight it!

BangeF2

any changes ? @Coupon-mad

Section 5 of the n161 

I would like to appeal the order:
1. The decision made by District Judge x on x 2021
2. I filled an N244 form for an application to set aside judgment claim no x
3. Judge x ordered that the application was dismissed with no Order as to costs
4. The court was satisfied that the application (N244) was made promptly under CPR 13.3(2), however was not satisfied that the I, the defendant had demonstrated the grounds in CPR 13.3 (1)
5. It was stated that any application for permission to appeal must be made by 4pm on 27th September 2021 to a Circuit Judge at the County Court sitting in Central London.
6. As I the defendant believe I do have grounds to defend of the claim and therefore I am making this application to appeal the decision made on x 2021 for the application to set aside CCJ claim x

Coupon-mad

You need to tick to set aside the judgment/order, you want a hearing and attach a witness statement, most of which wording I gave you already.  You must state in the supporting WS how the learned Judge erred in law snd that you had TWO applications...blah blah...the words I wrote.

Can't promise it will even be entertained but it seems to me the Judge erred.

BangeF2

Coupon-mad said:

You need to tick to set aside the judgment/order, you want a hearing and attach a witness statement, most of which wording I gave you already.  You must state in the supporting WS how the learned Judge erred in law snd that you had TWO applications...blah blah...the words I wrote.

Can't promise it will even be entertained but it seems to me the Judge erred.

yes i will be writing up the WS and attaching it. I also have to do a ground for appeal which I will be using your words as well to set out the details. 

is ticking the 'new trial' box asking for a hearing? or is the hearing guaranteed with the tick for the set aside? 

BangeF2

@Coupon-mad
 - with regards to the two CCJ - both were for parking charges in 2017

CCJ that was set aside refer to 4plus parking fine between October and December 

CCJ that was dismissed that i am appealing for refers to one parking fine may 2017 

They are all for the same location and really they should still be consolidated into one as they are from the same year. I just wanted to check that we can still use the argument as in the above we've referred to them as 'exactly the same' ad wanted to make sure this wouldn't go against me

Also is the Ws the same as the ground for appeal? 

Coupon-mad

Yes you can use it. Read Henderson v Henderson, and other cases you find when you Google cause of action estoppel.  It's about matters of similar fact that should have been brought as one claim.

Clearly they left one PCN off the first claim, assuming that was filed first. It's an abuse to try another claim for a matter of similar fact that could with a littke diligence, have been part of that first claim.

What's the gap in time between claim one that was set aside and claim two, that should gave been set aside under CPR 13.2 (mandatory set aside) or dismissed outright for cause of action estoppel?  Or were they filed on the same day?  You can probably tell from the dates of CCJs, so what gap was between them snd was it the later one that the Judge fell into error on?

My thinking here is, if they filed the 4 PCN claim first, and got default judgment, that should certainly have alerted them to the address not being good for you.  Likely not an address that could be fairly or lawfully relied upon for service of a claim.

But what did they do?  Scraped the barrel, realised they'd forgotten a PCN and filed a second claim in the full knowledge it would likely end in another default judgment.

That's an abuse in so many ways.  They can't have two goes at a claim for 2017 historical parking charges anyway but to knowingly use a defective address again, well I am surprised your Judge didn't question it.

As you were a nervous and inexperienced litigant in person at court, a fair Judge considering his duties under CPR 1 and s71 of the Consumer Rights Act 2015 (neither of which require YOU to raise them) can't expect you to raise trite law doctrines like cause of action estoppel.

And nor should he have missed the fact both were defectively served, in breach of both the CPRs and the code of practice that this trader is signed up for and which they say they comply with! 

This is an offence under the CPUTRs (saying you comply with a CoP when a trader doesn't) and clearly their conduct is and was either negligent or deliberate use of an old address and fits squarely under the definitions in CPR 13.2, so the learned Judge should never have had to move on to CPR 13.3 as the weaker 'may set aside' alternative, which caught you on the hop.

Contrary to what some Judges assume, It is NEVER enough for a PPC to rely on a DVLA address from years ago; it is OK for NTK service only but that database is known to be unreliable, partly due to human error and partly due to DVLA failure to amend all databases when people do move.

So,  months/years after sending a PCN, the DVLA data is no longer 'good' for assumed "last address" for claim service, with all the evidence, silence from you and a previous default judgment giving them a clear 'reason to believe' the address was not good, this second claim was clearly defectively served.

And it should never have been filed at all because the May PCN should have been in that first claim.

There is no excuse and this abusive conduct has cost you two lots of N244 £255 application fees and now an appeal fee because this PPC has played fast and loose with the small claims track and trade body code of practice.

If they supplied a WS for the hearing and misled the court in any way, seize on that too.

BangeF2

Thank you @Coupon-mad I have sent it all off and awaiting a reply. 

UPDATE: 

For CCJ 1 that was agreed to be set aside, I have now received a directions questionnaire for small claims track form from the solicitor. They said its to organise a mediated conversation to resolve the issue amicably. 

I have read through the form and its basically just to set up the mediation. Is there anything else I need to do to prepare for this? I havent yet sent off the form so wanted to check if this is the right process of events after a CCJ is granted set aside and going back to square 1? Anything I need to keep in mind ?

Thank you. 

Le_Kirk

BangeF2 said:

UPDATE: 

For CCJ 1 that was agreed to be set aside, I have now received a directions questionnaire for small claims track form from the solicitor. They said its to organise a mediated conversation to resolve the issue amicably. 

I have read through the form and its basically just to set up the mediation. Is there anything else I need to do to prepare for this? I havent yet sent off the form so wanted to check if this is the right process of events after a CCJ is granted set aside and going back to square 1? Anything I need to keep in mind ?

Thank you. 

Do you want mediation?  If not, do not agree to it.  What were the conditions attaching to the order when the judge granted the set-aside?  Were you to submit a defence?  Was the claimant to submit new particulars of claim?  If you refer to NEWBIES you will learn that mediation is not recommended because you want to pay £zero and the claimant wants £full and there hasn't been a court hearing about the underlying case where the judge has said you have to pay.

BangeF2

@Le_Kirk

The only conditions for the set aside was that a defence needed to be filled and the set aside feed to be paid back by the claimant ( £255 for the N244 form) which they did. There was nothing to state the the claim forms be served again or with new particular etc. 

In the defence:
I denied liability 
talked about inaccurate signage 
The location being new with unallocated and unrestricted area to park 
That their evidence of zoomed in signage cannot be determined if it was easy to see in the parking area and google maps doesn't go that far back to detect it either 
That the parking charges dates on the claim form (three of them) are of the same date! and no evidence of this in their SAR 
visibility issues for signage and ipc COP
PoFA 2021 sched 4
PCN notices were sent to the wrong add when the right one was easy to be found. 
No grace period for when the PCNs were given 
CRA 2015 breach due to unclear signs 
Reference to Parking eye vs Somerfield stores 
Reference to Beavis case 
Let me know if you need more details 

So a mediation doesn't seem right if a court hasn't agreed that the defendant should pay., and they will probs try to do this. I cant imagine there being any other reason they want to mediate and not take this to court again. Is that were it would go if the mediation is denied? Also it doesn't give a time frame for when the form needs to be sent back. any idea of general time frame? If i deny the mediation on the form, do I need to contact the courts etc? since filing the defence and ws etc after the set aside, ive not heard back 

Le_Kirk

No to mediation then.

BangeF2

Le_Kirk said:

No to mediation then.

The mediation form looks like a copy of form they have filled. I believe theyve just sent it to me for reference. What would I need to do to decline the mediation? do I need to file a form too? Its not clear what steps are required to take.