CCJ without my knowledge

Sebastian83

I will do, thanks.

Am I right that I have to write everything down as "The defendant denies..."etc and not as "I deny..." ?
And do I have to write under paragraph 2 only the fact that I was the keeper, but not the driver and explain everything in detail in paragraph 3 or do I explain why I couldn't have been the driver already in paragraph 2?

Le_Kirk

Sebastian83 said:

I will do, thanks.
Am I right that I have to write everything down as "The defendant denies..."etc and not as "I deny..." ?
And do I have to write under paragraph 2 only the fact that I was the keeper, but not the driver and explain everything in detail in paragraph 3 or do I explain why I couldn't have been the driver already in paragraph 2?

Correct, defences are written in the third person.  Follow the style and format of the template defence.  See some other defences that posters have written and you will note they say "it is admitted that the defendant was the RK but not the driver and liability is denied" or similar - obviously it changes if you were the driver!  Paragraph 3 should refute the particulars of claim and that can include the "no liability as RK for the driver's actions" due to the claim being non-PPOFA but keep it simple and save the story/narrative/proof for the witness statement.

Sebastian83

Thank you.
And as it says in the template no evidence has to be attached at this point, do I not have to attach any email correspondence with the Claimant, which shows that the Claimant has not any ANPR photos or any proof that my car has been parked at this car park during the time claimed?

Sebastian83

I have started now the draft defence, although I'm still a bit unsure if I'm making it right. I think I'm finished with paragraph 2, so before I start explaining how I found out about the CCJ and what I did in the meantime to solve this with the Claimant, could anyone please check if what I have written makes any sense and is how it is supposed to be?
Again, English is not my first language and it's quite difficult for me to write these things, so any help would be highly appreciated!

The facts as known to the Defendant:

2.1. It is admitted that the Defendant was the registered keeper of the vehicle in question but liability is denied. 

2.2. In the PCN, first time received by the Defendant on the 25th November 2020, it has been claimed that the Defendant would have parked his car on the car park at XXX Road in LEX XXX Leicester from Saturday, XXX 2019 4:05pm till Monday XXX 2019 12:08pm.
The Defendant was working from May 2019 till April 2020 as an Office Administrator for XXX, every week from Monday to Friday from 10am till 6pm and Saturday from 11am till 5pm. Therefore the Defendant cannot have parked his car during the time in question on this car park.

2.3. The only other person having used the car with the registration number stated in the PCN during that time was the Defendant’s wife. The car park at XXX Road is the car park of the supermarket “XXX”, which was the nearest supermarket to the Defendant’s home address during that time. The Defendant’s wife was shopping regularly at this supermarket, usually between 3-5 times a week. However the Defendant’s wife has never parked the car longer than an hour at this car park. The distance from the Defendant’s home address during that time and the supermarket according to Google Maps is 0.8 miles. It may also be mentioned that the Defendant's house during that time had a driveway plus a garage, so there is no reasonable explanation why the Defendant’s wife would have left the car at this car park for 2 days.

2.4. Also the Defendant’s wife had to drop off the Defendant’s children on Monday XXX 2019 with the very car in question at 2 different schools. One of the children had to be dropped off at XXX Academy, which is 2.0 miles from the Defendant's address at this time according to Google maps. The other two children had to be dropped off at XXX Primary School, which is 1.2 miles in the opposite direction.
It would have been absolutely impossible for the Defendant’s wife to drop off the children in the morning without the car.

2.5. It also needs to be mentioned that after the Defendant has made a Subject Access Request to the Claimant on 22/10/2020 the Claimant replied on the 25/11/2020:
“Please note we are currently in the process of attempting to retrieve ANPR photos and a copy of the reminder letter from our archives. If we are able to obtain copies, they will be sent to you in due course.”
This has never been sent to the Defendant.

Le_Kirk

Sebastian83 said:

Thank you.
And as it says in the template no evidence has to be attached at this point, do I not have to attach any email correspondence with the Claimant, which shows that the Claimant has not any ANPR photos or any proof that my car has been parked at this car park during the time claimed?

Abso bloomin' lootely correct.

Le_Kirk

Still too much info in the defence, keep the narrative for the witness statement. It is sufficient to say that the defendant was working elsewhere and the only other authorised driver also did not park in the car park at the times stated.  Once you have opened the door in the defence, you can tell the whole story in the WS along with evidence of you and any other driver being elsewhere.

2.1. It is admitted that the Defendant was the registered keeper of the vehicle in question but liability is denied. 

Maybe change to: -

2.1. It is admitted that the Defendant was the registered keeper but not the driver of the vehicle in question and but liability is denied. 

Sebastian83

So is there another witness statement I need to include?
As in the one I have written in my initial application I couldn't talk about the claim itself as at that time I didn't know anything about the claim.

Le_Kirk

Is this a defence for the initial claim? Without going back over 14 pages of thread, I cannot remember if you have submitted N244 with WS, had a hearing and won and are now defending the original claim.

Sebastian83

I have submitted the N244 with Witness statement in October 2020 without knowing what the claim is about. After having made a data access request to Civil Enforcement I have been sent the claim end of November 2020, but have only now got a telephone appointment for next month at my local court.
As I couldn't say anything before about the claim itself and defend myself I thought it might be a good idea if I would do this now prior to the telephone appointment?

Le_Kirk

OK, I see and you are right to have it available.  If you get it set aside, the judge will give instructions on what is to happen next, which may be for the claimant to submit better particulars of claim and you to file and serve a(n) (amended) defence based on that and then, if it still has to go to a hearing, a WS for the underlying claim.