Need help with CCJ Set Aside and issues relating to SAR

nosferatu1001

^ this above
OP can you confirm you are understanding the points? There is a serious point there
When they applied for default judgment they certified the claim had been served, twice, despite sending the claims 2 two different places. They cannot claim this! They have misled the court  by stating the above

Jeff_Goldblum

I have noted this and will DEFINITELY be mentioning it to the Judge. Thank you for all of your help. I understand this now.

Serving two default judgements at the same address on the same day isn't just an "error" or them trying to make life difficult for me. It is wilfully misleading the court.

The parking company/their solicitor has to certify that they have served the LBCs and done everything possible to ensure that me, the defendant, has had all possible knowledge of this. The fact that they have applied for defaults at two separate addresses on the same day shows that they have not done their due diligence and misled the courts when applying for them, otherwise they would have only served them at one address.

nosferatu1001

NO.
NOT Letter Before Claim
Nothing about the PRE action protocol

They:
- filed one claim at address A
- around the same time, file another claim at address B
- at the SAME time, filed for default judgment for BOTH claims
You are mixing up terminology here. It shows you do not understand the sequences.

Filing for default judgment isnt the issue. Filking for default judgment and certifying that the address on BOTH CLAIMS meant the claim had been correctly served, which is the reason they are allowed to apply for default, is their error.
At that point a competent solicitor would have realised there are two claims to two different addresses, and raised an alert, BEFORE applying for default judgment. It would absolutely have told them that at least one claim was not correctly served and, as they do not know which, they must not apply for default, as they cannot certify that the claim was served - either claim

Jeff_Goldblum

Thanks again for everyone's help here.
Thankfully, the classic thing happened again and they didn't turn up to court. The judgements were set aside and I've been given the 14 days to file my defence.

The judge consolidated both of the claims but I've only just realised that he didn't actually provide me with the new claim number. How will I find that? 

Johnersh

The two cases are heard together. Put BOTH claim numbers on all the documents.

Costs? 

Jeff_Goldblum

Will do. Thank you. Judge said he'd hold the costs until the next hearing. I got the feeling that he was trying hurry me along. I imagine it's because they deal with this rubbish daily. 

nosferatu1001

IF they now discontinue, which is a common tactic, ask for the hearing to be changed to a costs hearing; they are liable for your costs to date, and unlike  most claims you DO HAVE COSTS - the set aside fees

Jeff_Goldblum

Hi guys. Just hoping someone can read over my defence. I’ve put this from Para 3 of the template where you have stated to add a timeline of events. I’ve cannibalised the bit I posted back in November into my witness statement – they looked too alike so I re-written my defence. Hoping to get this signed and sent over to them this weekend. Thank you so much in advance.

I HAVE CHANGED THE DATES FOR OBVIOUS REASONS.

2. The Defendant was the registered keeper and was the driver of the vehicle with the registration of XXXXX when the alleged offences took place. The Claim relates to an alleged debt arising from the keeper's alleged breach of contract; which is denied.

3. It is further denied that there was any agreement to pay the Claimant four £80 'parking charge notices' (PCN) for the claim XXXXX (totalling to £320) or for the one £80 ‘parking charge notice’ (PCN) for the claim XXXXX (totalling to £400 when combining cases) for the lawful conduct described below.

4. The alleged offences took place at XXXXX whilst The Defendant was employed at XXXXXX. The Defendant was employed between 01/12/20XX and 09/11/20XX during which time a valid parking pass was provided by XXXXXX

5. For the claim XXXXX, the alleged offences took place on 09/02/20XX, 10/02/20XX, 19/02/20XX, 20/02/20XX. For the claim XXXXXXX, the alleged offence took place on 14/02/20XX.

6. Furthermore, as evidenced in The Defendant’s Witness Statement, the parking pass provided by XXXXXX showing the [PCN’S] Logo, was set to expire on 10/12/20XX, over a year after the alleged offences took place.

7. The allegation appears to be that the vehicle in question was ‘parking without a permit', and this assumption is based upon still images produced by their ANPR cameras.

8. These pictures are merely images of the vehicle in transit and not evidence of: the vehicle parking, that the vehicle was parked, permission to park, or display of a parking permit. The images of the vehicle in transit is not evidence of the registered keeper parking without a valid parking pass; nor would they be evidence of parking without permission.

9. The Claimant is put to strict proof that the vehicle did not have a valid permit to be parked in the car park in question, and are further put to strict proof that the vehicle in question was not on the permitted register on the days of the alleged offences.

10. Additionally, The Claimant is put to strict proof that their ANPR cameras were not faulty on the dates of the alleged offences.

11. If the Claimant is denying the vehicle in question was on the permitted register allowing access for vehicles, I invite them to explain why no other alleged offences took place during The Defendant’s employment at XXXXX.

12. Clearly, the alleged offences can only be the fault of the Claimant's systems given the Defendant’s employment status and timeline at XXXXX.

Jeff_Goldblum

Also, do I ONLY send my defence to CCBCAQ@Justice.gov.uk ? As I have complete my WS now too.

KeithP

Jeff_Goldblum said:

Also, do I ONLY send my defence to CCBCAQ@Justice.gov.uk ? As I have complete my WS now too.

Time for you now to re-read the second post of the NEWBIES thread where you will see that a Witness Statement is not required for some months - and when it is required, it won't be by the CCBC.

Pay particular attention to Bargepole's 'what happens when' thread linked from that NEWBIES post.