Parking Eye unknown CCJ set aside help

frew198

Everyone - I must thanks you for your input most helpful
Coupon mad - on your advice i drafted the below email. I used it as a bit of a template - really helpfull . I look forward to their response

Good evening,

 

I am writing to you to update you of some developments today. I have contacted the hotel and attached confirmation from Cedar court that I was attending a business meeting at the hotel on that day . I also spoke to a colleague who attended that day who has forwarded me on the acknowledgment that the claim was cancelled. I would of course have asked for the parking charge to be cancelled had I of known of the charge. Parkingeye's letters and claim were defectively served, and the attached shows I was a patron at the hotel so I ask again, that you consider consenting to set aside the CCJ because I will otherwise apply to the court and ask that ParkingEye are ordered to refund that.

This is based on:

 

The claim was defectively served – the claimant made no attempt to double check the DVLA Address {which are known to be unreliable}. This falls within the CPRs as a mandatory set aside and you have a duty under CPR1 to observe the overriding objective. Can you please come back to me as soon as possible (but within 7 days) about the terms under which you will consent to this set aside, given I not only have evidence for the court of defective service, but also evidence that I should have been exempted all along as the PCN had no merit from the outset.

 

It was ParkingEye’s system between them and the hotel that suffered from a breakdown in communication and a lack of signs indoors at the hotel that a guest would be ‘bound to see’. In this respect due to the lack of legitimate interest, the claim is clearly defendable and without any cause of action or merit , and the ParkingEye V Beavis case is fully distinguished

 

Please acknowledge receipt and a prompt response would be appreciated in this matter

frew198

Hi All, as expected no response from Parking eye to the above. i mentioned previously that in the newbies thread the link to legal beagles for templates works, however once signed in on legal beagles the link takes me to a box link that no longer works. Is anybody able to point me in the direction of template draft order/ witness statement

Thanks

frew198

Think i pressed ahead a little to quickly above 
Would the below cut it?  also should i be attaching my draft defence to the application? In terms of the dates i have elft at XXXX what is reasonable here?

Upon reading the defendant’s application dated 07/12/2020

It is ordered that:

1. The judgment dated 07/05/2019 be set aside.

2. The Claimant do pay the Defendant’s costs of this application on an indemnity basis.

3. Unless the Claimant serves a copy of the Claim Form on the Defendant by 4pm on XXXXXX the claim will be struck out without further order.

4. If the Claimant serves the claim form as directed in paragraph 3 the Defendant shall file and serve a defence by 4pm XXXXXX

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

6. Should the court reserve costs in the case as an alternative to paragraph 2, such costs of this application will become payable if the claimant discontinues it's claim.

and witness statement

1. I make this Witness Statement in support of the application for an order that the judgment in this case (Claim No. xxxx Judgment dated 07/05/2019) be set aside.

2. I learnt of the existence of this claim on the 23/11/2020 when I check my Credit File/ [EXHIBIT A]

3. My address changed in 16/01/2019 and I did not receive any correspondence from the Claimant

4. I received no communication from the Claiment and was unaware of any action being taken against me. Had I of known I would have promptly appealed or defended this

5: On 23/11/2020 I made a written request to the Claimant/Solicitors inviting them to consent to set aside the judgment due to the reasons in paragraph 4.A final email asking for consent was written on 30/11/2020

6. The Claimant did not acknowledge my as to set aside by consent

7. I therefore respectfully request that the Court sets aside the judgment in this claim and allows 14 days for me to submit my defence.

nosferatu1001

You don't put any dates. That's the judges to fill out. 

I'd always attach a draft. 

Where are your exhibits? Where is your ref to CPR13.2 showing defective service? Where is the nice timeline to show the claimant should have traced you to new address?

some horrible grammar in there!

frew198

@nosferatu1001 Thanks for the reply - point taken on the grammar - not a good look
2 Follow up questions
Defective service - although I hadn't updated my V5 until much later is it relevant to argue I was there to be found i.e electoral roll, DVLA license change of address and a quick check with an agency could have found my location? Should any reference be made to the V5 issue?
Also I'm assuming that I should reference in the witness statement I believe I have a defence (email from hotel proving I was a patron , email of similar parking charge to colleague being cancelled)

Thanks

nosferatu1001

Yes, of course.  They can on,y check your v5 addresss once. Never again. So they A,WAYS need to think about a trace service. You simply state the facts - they checked v5 on or about x date, didn't check again, had no comms etc to indicate the address they had was good, look here is my council bill showing I could be found etc. 

That is a cpr13.3 reason to set aside, yes. I'd include a draft defence, clearly marked draft

Coupon-mad

You could ask @henrik777 - our resident CCJ set aside expert, who also posts on Legal Beagles - if there is a working template example he knows of.

henrik777

I quite like the order posted.

The witness statement doesn't deal with the change of address in any detail. Mail forwarding etc. Doesn't give any idea of the time lag between parking date, moving date, filing claim date etc

frew198

Thanks @henrik777 the order was lifted from one of your posts and seemed appropriate
I have amended the witness statement below

1. I make this Witness Statement in support of the application for an order that the judgment in this case (Claim No. xxxx Judgment dated 07/05/2019) be set aside.

2. I learnt of the existence of this claim on the 23/11/2020 when I checked my Credit File [EXHIBIT A]

3. My address changed in 16/01/2019 as shown [EXHIBIT B]

4. I spent the period 16/01/2019 to 04/03/2020 living with my partners parents, awaiting our new rental

5.I moved to a new address on 05/03/2020 [EXHIBIT C]

6. The Claimant performed a V5 search on or around the 01/02/2020 and did not receive any communication to confirm the address was good

4. I received no communication from the Claimant and was unaware of any action being taken against me. I was there to be found at the new address before court papers were issued. Here is my council bill to indicate this [EXHIBIT D]

6.My driving license and Electoral roll had both been updated and a simple tracing service would have allowed the claimant to find me at the correct address. This shows defective service under CPR13.2

7. On 23/11/2020 I made a written request to the Claimant inviting them to consent to set aside the judgment due to the reasons in paragraph 4 [EXHIBIT E].A final email asking for consent was written on 30/11/2020 [EXHIBIT F]

8. The Claimant did not acknowledge my ask to set aside by consent

9. Had I of known of the claim I would have contested it at once, I attach a draft defence to evidence this [DRAFT DEFENCE] which satisfies CPR 13.3

9. I therefore respectfully request that the Court sets aside the judgment in this claim and allows 14 days for me to submit my defence.

frew198

low and behold just recieved the below from Parking Eye any thoughts as to what my best option is now?

Thank you for your recent correspondence.

 

ParkingEye did not receive any response to 4 letters that were sent to the address held by the DVLA for the Registered Keeper of the vehicle. This was also the same address to which the County Court Claim Form was sent, to which you also failed to respond, resulting in a judgment in default being registered in favour of the Claimant. If this address is not correct, the Claimant had no reasonable way of knowing this.

 

As a direct result of any inaction, ParkingEye has since incurred significant further costs. However, as a gesture of goodwill, ParkingEye is willing to consent to the setting aside of the judgment in default given the evidence provided, predicated upon you making payment for both ParkingEye’s costs of £267 within 14 days of receiving a sealed copy of the Court Order, and the fee for submitting the application to the Court, which would also amount to £100 and be payable to Her Majesty’s Courts & Tribunals Service. 

 

Please find attached the countersigned proposed Tomlin Order for you to file and with the Court.

 

Please note that the Claimant has signed this so as not to appear unreasonable. We hold no responsibility should this not be approved by the Court as the final decision rests with the presiding Judge.