Parking Eye unknown CCJ set aside help

frew198

Hi,
 Updated witness statement including help from the above posts thanks. Question is should my draft defence centre on being a hotel patron and how detailed does the draft defence need to be ? I intend to send this tomorrow (was going to today but the court debit card payments are down...)

I ,  , being the Defendant in this case will state as follows;

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 acknowledge on 08/12/2020, however the consent to set aside included a fee greater than the judgement amount 

10. The claimant confirms in email they received no response after being provided an address by the DVLA Around 01/02/2020 [EXHIBIT G]

11.The claimant effectively admitted to failing to abide by the BPA’s code of practice which says : “24.1c Before serving a Letter Before Claim and prior to the issue of proceedings, Operators must, if no responses have been received to the NTD/NTK/reminder letters, take reasonable endeavours to ensure that the contact details for the person you are writing to are correct.

12. Given that they did not follow this, issued letters where they relied upon the (known to be unreliable in many cases) DVLA data issued only once, proceeded to issue a claim to the same address without any checks (as far as the Defendant is aware) and  are not prepared to consent without additional cost, the Defendant wishes to defend the claim

13. The Parking ticket relates to a hotel car park where I was on business with a number of others on the 29/01/19. Having checked with one of the other colleagues they received a Parking charge notice but had this overturned as we were customers at the Hotel having a meeting [EXHIBIT H]

14. .  The PCN was wrongly issued in that the mechanism (whatever it was meant to be) for exempting the cars of Hotel patrons, failed, or was not prominently advertised by the Claimant, and there are good prospects of success, because after being contacted by the Hotel on behalf of the guests who did get a PCN in the post, the Claimant could easily have identified all the PCNs issued during that short period that day, but chose not to.

15.The defendant has emailed proof they were a guest at the hotel that day and has passed this onto the Claimant on 30/11/2020 [EXHIBIT I] which shows this case would have has prospect of successful defence

16. 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

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

Le_Kirk

If all of that is your witness statement in support of your set-aside claim, you need to sort it out in terms of "defendant" and "I" you seem to be interchanging them at random.  As it is a witness statement it can be written in the first person.

frew198

Thanks for pointing that out - I was unsure when to use

nosferatu1001

WS - I
Defence - defendant
Always
And absolutely adduce (include) in your WS the BPA Code of Practice, that parking eye are required to follow, according to the supreme court, which requires them to trace the address. Adduce as well the email from parking eye showing they knew they hadnt had any contact, thereofre they knew this clause of the cop had been triggered and their incompetence has cost you time and money

nosferatu1001

Also - wow
Who in hell at PE was stupid enough to write that email? I mean, that was insanely stupid of them! You have absolute gold dust evidence that they knowingly lied on a statement of truth that the address for service was a\ good address for service. And the alternative is worse - they are so incompetent they signbed it anywya. 

Coupon-mad

WS looks fine except for this grammatical aberration:

16. Had I of known

No, no, no...please...!

Uptown_Boy

Coupon-mad said:

WS looks fine except for this grammatical aberration:

16. Had I of known

No, no, no...please...!

That's just what I had read and was about to post about.

16. Had I known .....

1505grandad

"8. The Claimant did acknowledge on 08/12/2020, however the consent to set aside included a fee greater than the judg(e)ment amount "

You have a rogue "Judgement" containing an erroneous middle "e" - all the others are correctly spelt in this context.

nosferatu1001

"8. The Claimant acknowledged the request for a set aside by consent on 08/12/2020, however their offered terms required a total sum greater than the judgment amount, with the excuse that they had incurred unspecified "costs" as a result of their failure to ensure good service of the claim.

I would then include the EXHIBIT at this para, not para 9, as this is the first time you talk about their response. 

Im a fan of keeping context close in each para, and stickign it to them
As 
I still cant believe they wrote that email. Wow. Stupid

frew198

Thanks everyone. I have amended my witness statement with the advice above. I'll keep this thread up to date with the outcome when this gets to court

Many thanks for all advice and help