Judgement for Claimant - NCP and BW Legal

Showlan

nosferatu1001 said:

So obviously you state that
Do you have records of the date? Check phone history

Will do shortly, got a few work calls

Appreciate your help @nosferatu1001

Showlan

henrik777 said:

Nothing wrong with informing them of your new address.

Check your phone records and confirm the date because that's pretty important.

Confirmed: I rung them 16th March 2020 to update my address on the back of receiving a PCN (not claim form) at my previous address.
After I updated them with my new address, I have not received a PCN or claim form until I received the impending CCJ (dated August 2020) and then judgement.

nosferatu1001

So of ocurs eyou point out they had your address before they issued a claim form
They therefore knew  the address on the claim form was not valid, and therefore the claim form was never served. As it was never served, your dealidne to respond never started (as it is calculated from service date!) and as the deadline never expired, they were not permitted to file for default judgment. Auto set aside under CPR13.2
Of coures you also include a defence, to satisfy CPR13.3, because it is foolish to rely on a single point. 

Coupon-mad

They didn't have the new address before the claim was issued (Feb) but it looks like they MAY have had it before they sought Judgment in default, but it;s hard to tell.  However the OP has good grounds to set it aside, and needs to understand that DOES NOT Mean he/she pays them.

The NEWBIES thread has a couple of linked examples of how to get a CCJ set aside and (hopefully) an order for the Claimant to pay back the £255 fee as well).

Showlan

@nosferatu1001 @Coupon-mad
Thank you so much for your help, I really appreciate the time it takes out of your day to help a stranger.

To confirm, I should NOT pay the penalty amount of £277.76, but I will need to to fork out the £255 set aside fee (hopefully we can get the claimant to pay this back).
I've read through the newbies thread a couple of times but will do so again when the working day has finished and start the set aside process.
Pls have a virtual beverage of your choosing on me 

Showlan

Good afternoon guys,
Thank so much for your help, I've spent the day preparing my Witness Statement, Draft Order and Draft Defence. Been reading through a lot of your posts and replies to people, and amazing work from @123MrsT.
I've also done a lot more reading and the car park where the alleged incident took place (Crawley Cross Keys, 3rd September 2018) is one where NCP did not have permission nor consent to install pole-mouth ANPR cameras or new signage. They applied retrospectively in February 2019 where they got permission for the cameras but rejected for the signage. So technically, they 'gained evidence unlawfully'?
I'm going to paste my Witness Statement and Draft Order below if you please wouldn't mind reviewing it for me?

Thank you so SO much again for all your help!

Showlan

DRAFT ORDER
IN THE COUNTY COURT AT NORTHAMPTON COUNTRY COURT BUSINESS CENTRE

NATIONAL CAR PARKS LIMITED (Claimant)
And

XXX (Defendant)

District Judge

UPON reading the Defendant's application dated 17th September 2020 and the annexed witness statement of Iraaj Vohra dated 17th September 2020

IT IS ORDERED that:
1. The default judgment dated 20th August 2020 be set aside.
2. Costs to be reserved.
3. Unless the Claimant serves a copy of the Claim Form on the Defendant by 4 pm on [date] paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £255 and the claim shall be struck out.

What date am I able to put for them to serve me a new Claim Form by?
4. If the Claimant serves the claim form as directed in paragraph 3 the Defendant shall file and serve a defence by 4pm on [date].
What date am I able to put for me to serve a defence by? 

5. Should the Claimant discontinue the Claim after the CCJ is set aside, paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £255 plus the Defendant's costs for attending the hearing.

6. The original claim be dismissed.
7. That all enforcement be put on hold pending the outcome of the application

 

Showlan

WITNESS STATEMENT

I am Iraaj Vohra and I am the defendant in this matter. This is my supporting statement to my application dated 17th September 2020 requesting to:

a. Set aside the default judgment dated 20th August 2020 as it was not properly served at my current address.

b. Order for the original claim to be dismissed.

c. Order for the claimant to pay the defendant £255 as reimbursement for the set aside fee.

DEFAULT JUDGMENT

1.1. I was the registered keeper of the vehicle at the time of the alleged offence.

1.2. I understand that the Claimant obtained a Default Judgement against me as the Defendant on 20th August 2020. I am aware that the Claimant is NATIONAL CAR PARKS LIMITED, and that the assumed claim is in respect of unpaid Parking Charge Notice at my then residence XXX. I contest this charge for the reasons outlined in the attached draft defence.

1.3. The claim form was not served at my current address and thus I was not aware of the Default Judgement until 15th September 2020.

1.4 The address on the Claim Form is my previous, XXX. I moved to my current address of YYY on 11th October 2019. In support of this I can provide a scanned copy of my mortgage agreement; Schedule (1)

1.4. In addition to the above, it should be highlighted that the integrity and law-abiding intention of the Defendant should be taken into consideration on the basis that;

 

 

1.4.1 On 15th September 2020 I contacted County Court Business Centre and a representative confirmed the Claim form was served to my previous address on 20th February 2020. The CCBC have both my current and previous address on system.

 

1.4.2 On 17th September 2020 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 at the time of the claim.

 

 

1.6. On that basis, I believe the Claimant has not adhered to CPR 6.9 (3) where they had failed to show due diligence in using an address that the Defendant no longer resides. The claimant did not take reasonable steps to ascertain the address of my current residence despite having some 11 months to establish an address. This has led to the claim being incorrectly served to an old address and an irregular judgement.

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

Furthermore, former Prime Minister May publicly pledged to investigate ‘abuse’ of the CCJ System and so called ‘Credit Clamping’ as reported in the Daily Mail article dated 12 September 2016. The Right Honourable Sir Oliver Heald on 23 December 2016 "announced a crackdown on unresolved debts which can damage people’s credit ratings without them knowing. The action comes after concerns were raised that companies were issuing claims to consumers using incorrect addresses."

The Minister added "It cannot be right that people who are unaware of debts can see their lives and finances ruined by county court judgments. That in the digital age, we must ensure companies pursuing unpaid debts make every reasonable effort to contact individuals, rather than simply relying on a letter to an old address.” Furtherance to points raised in 1.3 above.

 

1.7.1 The Claimant also behaved unlawfully by installing new ANPR cameras and signage without first seeking advertising or planning permissions across 3 sites in Crawley, one of which the alleged incident took place, Crawley Cross Keys. This was confirmed in January 2019 and raised by MP Henry Smith in the Houses of Parliament.

 

1.7.2 The Claimant had already been requested to remove the cameras six months prior and still applied for retrospective permission and consent in February 2019, of which the cameras were approved, but the signage denied.

 

1.7.3 On the 1st February 2019, The British Parking Association opened an investigation into The Claimant for their breaches in lack of planning permission and advertising consent.

 

1.7.4 Thus, any evidence gained on 3rd September 2019 was gained unlawfully.

 

1.7.5 It is also of worry, that without these permissions and consent at the time, the Claimant was receiving personal information from the DVLA, as well as redistributing that information to their legal representatives and third parties.

1.8. Considering the above I was unable to defend this claim. I believe that the Default Judgement against me was issued incorrectly and thus should be set aside, the original claim be dismissed and I ask the Court to kindly consider the reimbursement of the fee of £255 from the claimant should this request be successful.

I feel it's a bit weak in the middle - any advice on this is really appreciated.

Coupon-mad

COUNTRY = typo!

Leave the dates blank for the Judge to fill in, that's why you are giving him/her a WORD doc. Order to edit.  Not a PDF.

Costs to be reserved. 

Why not Claimant to pay Defendant's costs, to date assessed at £255?

KeithP

Showlan said:

3. Unless the Claimant serves a copy of the Claim Form on the Defendant by 4 pm on [date] paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £255 and the claim shall be struck out.

What date am I able to put for them to serve me a new Claim Form by?
4. If the Claimant serves the claim form as directed in paragraph 3 the Defendant shall file and serve a defence by 4pm on [date].
What date am I able to put for me to serve a defence by?

Leave those dates as they are. You are supplying a draft that the judge might use. Those dates are for the Judge to decide.