CCJ parking fine support

jayM_2

Redx said:

1) do the SAR again with proof of I D under the GDPR law

2) seems a good plan to me , you have to act promptly after all , they don't

3) correct , except it's not just the incorrect address at the time , it's the not tracing you if you were there to be found , so in those other threads you will see they submitted evidence that they were there to be found (at the new address)

Thanks Redx
1) I will do
2) Noted 
3) Great - My witness statement covers your point. I have just posted it above and I hope that is clear to see. 

jayM_2

Coupon-mad said:

There be no order as costs.

Don't you want your £255 back then?

Poor error in judgement. Unfortunately I have already sent this consent order to CEL. This is why you should get someone to proof read it. 

KeithP

jayM_2 said:

Coupon-mad said:

There be no order as costs.

Don't you want your £255 back then?

Poor error in judgement. Unfortunately I have already sent this consent order to CEL. This is why you should get someone to proof read it. 

Well the good news is that, as it is 'by consent', it's 'only' £100.00.

jayM_2

jayM_2 said:

Please see my draft order and witness statement below.
Any comments or advice would be much appreciated. I plan on submitting this with N244 form next week following a 5-7 day wait from CEL on the consent order email I sent this week. 
Thank you for your support - I really appreciate it considering its voluntary and the amount of support you provide, it is outstanding! 

DRAFT ORDER
IN THE COUNTY COURT AT: REDACTED
CLAIM No: REDACTED
BETWEEN:
CIVIL ENFORCEMENT LIMITED (Claimant)
-- and --
REDACTED (Defendant)
______________________________________________
DRAFT ORDER
______________________________________________

IT IS ORDERED THAT:
1. The default judgment dated on REDACTED be set aside.

2. Costs to be reserved.

3. Unless the Claimant serves a copy of the claim form on the Defendant by 4pm on XX/XX/20 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.

4. If the Claimant serves the claim form as directed in paragraph 3 the Defendant shall file and serve a defence by 4pm following 14 days on XX/XX/20.

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.

6. All enforcement be put on hold pending the outcome of the application.

WITNESS STATEMENT
IN THE COUNTY COURT AT: REDACTED
CLAIM No: REDACTED
BETWEEN:
CIVIL ENFORCEMENT LIMITED (Claimant)
-- and --
REDACTED (Defendant)
______________________________________________
WITNESS STATEMENT
______________________________________________
1. I am REDACTED and I am the defendant in this matter. This is my supporting statement to my application dated REDACTED requesting to:
a. Set aside the default judgment dated REDACTED as it was defectively served using an old address
b. Order for the claimant to pay the defendant £255 as reimbursement for the set aside fee.
c. Order for the original claim to be set aside.

2. Default Judgment

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

2.2 I understand that the claimant obtained a default judgment against me as the defendant on REDACTED. However, this default judgment has not been served at my current address (REDACTED) or the address that I was residing at (REDACTED), as it was defectively served using an old address. Therefore, I was not aware of the County Court Judgment until I received notification of a change in my credit rating score on the REDACTED.

2.3 On learning of the County Court Judgement on REDACTED, I immediately contacted County Court on REDACTED to find out details of the Default Judgement. It was only at this point that I discovered that Civil Enforcement Ltd was the claimant and that the judgment was regarding a parking charge notice. On REDACTED I received a copy of the judgment from Northampton County Court.

2.4 I understand that the judgment was served at an REDACTED. However, I moved to a new address in REDACTED. In support of this I can provide confirmation of my signed tenancy agreement which shows my updated details (See EVIDENCE A). I resided at this address until REDACTED. Subsequently, I moved to my current address in REDACTED. In support of this I can provide confirmation of my signed tenancy agreement which shows my updated details (SEE EVIDENCE .

2.5 I have never received any correspondence from the claimant; therefore I was never able to challenge the original charge nor the judgment.

2.6 I have never received any correspondence and at no point prior to REDACTED did I have any contact with the claimant.

2.7 Although all my details had been changed, including my V5C and driving licence which I overlooked this update until REDACTED when I needed to sell my car.

2.8 I suggest the claimant did not make reasonable enquiries as to my current address (REDACTED) or the address that I was residing at (REDACTED) before pursuing the court order especially considering they had good reason to believe they did not hold my current contact details. As stated in the Civil Procedure Rules CPR 6.9(3) where a claimant has reason to believe that the address of the defendant referred is an address at which the defendant no longer resides or carries on business, the claimant must take reasonable steps to ascertain the address of the defendant’s current residence or place of business. At the time of the County Court Judgment, my V5C was updated to the correct address prior to selling the car in REDACTED (SEE EVIDENCE C) and my driving licence records were registered at the correct address so I was there to be found by a simple trace. For example, the Claimant could have queried my credit file or electoral roll, at the time of filing for the default judgment. This has led to the claim being incorrectly served to an old address and an irregular judgement. Furthermore, considering they received no response from me to their correspondence I believe the Claimant had reasonable cause to question whether they were using an accurate address and that simple searches could have provided them with the correct address.

2.9 I believe the Claimant has behaved unreasonably in pursuing a claim against me without ensuring they held my correct contact details. According to publicly available information, my circumstances are far from being unique. The Claimant appears to have consistently failed to reasonably pursue the claim, as has been referred to as the practice of ‘Credit Clamping’, which several members of the Government have strongly condemned. Prime Minister Theresa May has pledged to investigate the ‘abuse’ of the CCJ system, while The Rt Hon Sir Oliver Heald QC MP has been quoted as saying on 23rd December 2016: "It cannot be right that people who are unaware of debts can see their lives and finances ruined by county court judgments. 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." and "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."

2.10. On the basis provided above I would suggest that the Claimant did not fulfil their duty to use the Defendant’s correct address when bringing the claim.

2.11. Considering the above I as the Defendant was unable to defend this claim properly. Therefore, I believe that the default judgment against me was irregular and I respectfully request it is set aside.

3. Order dismissing the Claim

3.1 I further believe that the original Claim by the Claimant has no merit and should thus be dismissed. I understand the Claimant to be a Private Parking Company that uses ANPR in order to issue “Parking Charge Notices” which the Claimant believes are due as a result of an alleged breach of contract for parking by a motorist.

3.2. It appears that the Claimant has obtained details of the vehicle for which I am the Registered Keeper and used those details to make a claim for a ‘Parking Charge Notice’. Any Notice to Keeper served by the Claimant must comply with the requirements of Schedule 4 of the Protection of Freedoms Act 2012. This includes the requirement to issue the Notice to Keeper within 14 days of the alleged incident. If the Claimant has not complied with the requirements of the Act they cannot claim this charge against me as the Registered Keeper in any case. Since I have not received any documentation from the Claimant prior to finding out about the Default Judgement, I submit the Claimant will not have complied with the requirements of the Act and thus cannot claim this charge against me as the Registered Keeper in any case.

3.3 If the Notice to Keeper was not issued within 14 days, then the Claimant is required to prove who the driver of the vehicle was at the time of the alleged incident. The vehicle to which I am the Registered Keeper was at the time insured to be driven by two adults (see EVIDENCE D). I submit that the Claimant cannot provide such evidence to prove the driver of the vehicle they claim was involved in the alleged incident.

3.4 I further submit that the Claimant does not include ‘Protection of Freedoms Act 2012’ wording on the Parking Charge Notices they issue and therefore cannot hold myself as the Defendant automatically liable for the alleged incident merely for being the Registered Keeper of a vehicle.

3.5. If the Claimant has obtained details of the vehicle for which I am the Registered Keeper, and used those details to make a claim for a Parking Charge Notice, I thus dispute the claim in its entirety as I do not know the wording of the contract nor do I know the means by which the contract was alleged to come into force.

3.6. I submit that this is not a penalty charge notice but a private one based on contract law and therefore the Claimant must:

a) show evidence that they have complied with the POFA or alternatively, show evidence of the driver's identity, to prove that this is the right defendant

b) set out the facts on which it is asserted that the claimant has a cause of action against this defendant, and

c) identify the 'relevant obligation' of the defendant to pay parking charges and the 'relevant land' on which the parking is said to have occurred

d) state whether the claim is in relation to a 'relevant contract' or in respect of an alleged trespass or other tort (as per the POFA 2012 Schedule 4)

e) disclose full particulars and a contract, in order to evidence a claim in law

3.7. On this basis I believe that the Claimant has not provided any reasonable cause of action and absent the above being produced in short order, I ask the court of its own volition to strike out this claim and to order the Claimant to refund the Defendant's costs for attending, namely the £255 Court fee in bringing this set aside case, despite not being shown to be liable for any parking charge at all.

3.8 If required to defend at a further hearing, I will require all copies of paperwork, letters and other documentation including pictures of all signage from the Claimant in order to make informed decisions and statements in a comprehensive defence as keeper of a vehicle.

Statement of Truth:
I believe that the facts stated in this Witness Statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Full name: REDACTED
Signed: ______________________

Hi all,
Does anyone have any comments on this draft order and witness statement, as I would like to send it on Monday following a reply (or not) from CEL on the consent order? 
Thank you for your help.

Coupon-mad

2. Costs to be reserved.

Why, if they won't consent, are you not just asking for your costs to be awarded by the Judge to be refunded by CEL?

1505grandad

A heads up:-

You were previously advised that the pcn is not a "fine" and you will not find the "f" word in any documentation of the ppc.

Equally the CCJ is spelt "Judgment" in this context and you will not find a middle "e" in any Court documentation re CCJ.

As you have numerous "J" words above suggest - if only for consistency - that you use the non middle "e" version appropriately.

D_P_Dance

IIMU that use of the middle "e" is  optional in our English language.  Furthermore when I was in the FCO,  drafting bilateral and international agreements,  it was encouraged.  If it in OK in a Great Department of State then surely it is in Lower Sadbotham CC.

jayM_2

1505grandad said:

A heads up:-

You were previously advised that the pcn is not a "fine" and you will not find the "f" word in any documentation of the ppc.

Equally the CCJ is spelt "Judgment" in this context and you will not find a middle "e" in any Court documentation re CCJ.

As you have numerous "J" words above suggest - if only for consistency - that you use the non middle "e" version appropriately.

Thanks for the advice. I have made the Drafter Order and Witness Statement "judgment" friendly/consistent. I couldn't see the word "fine" used anywhere but it was good to double check it. 

jayM_2

Coupon-mad said:

2. Costs to be reserved.

Why, if they won't consent, are you not just asking for your costs to be awarded by the Judge to be refunded by CEL?

I don't quite understand, what should I be asking for? Should I just removed the sentence?
I have not heard back from CEL (yet), so I am not sure if they are consenting or not. 
Any advice on this would be great, it may be the jargon that is being used that is throwing me a little.

Redx

Your thread title and your initial post mentions it !!