CCj without knowledge parking eye

rosemorton95

Thank you Nosferatu- I paid for an overnight stay, I can see on my app receipt, many people won POPLA appeals against this car park because the signage is unclear and the overnight rules are unclear. I can see I paid until 8am the following day. Then at 7.47 I paid again for day parking, 13 mins early to ensure I would avoid a fine, ironically. Then I left within the 5 hour stay allowed for the following day . However, because I paid 13 mins early the following day they are saying I overstayed by 13mins because my time in the car park was 7.47 until 1pm,  but actually I had a previous ticket that was still valid until 8am and I simply topped this up with another so I did not overstay as far as I know. But they obviously are just looking at the second ticket on its own. 

DRAFT ORDER
IN THE COUNTY COURT AT:xxxxxxxxx 
CLAIM No: xxxxxxxxx
BETWEEN:
PARKING EYE LIMITED (Claimant)
-- and --
xxxxxxxxxxxxDefendant)
______________________________________________
DRAFT ORDER
______________________________________________

IT IS ORDERED THAT:

1. The default judgment dated on xxxxxxxx 2020 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/21 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/21.


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: xxxxxx
CLAIM No: xxxxxxx
BETWEEN:
PARKING EYE LIMITED (Claimant)
-- and --
xxxxxxxxxxxx (Defendant)
______________________________________________
WITNESS STATEMENT
______________________________________________
1. I am xxxxxxxxx and I am the defendant in this matter. The facts stated below are true to the best of my belief and my account has been prepared based upon my own knowledge. This is my supporting statement to my application dated xxxxxxxxx 2021 requesting to:
a. Set aside the default judgment dated xxxxxxxx2020 as it 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 dismissed

2. Default Judgment

2.1 I understand that the claimant obtained a default judgment against me as the defendant on xxxxxx 2020. However, this default judgment was not served at my current address and therefore, I was not aware of the County Court Judgment until I created an Experian account in order view my credit rating score on xxxxxxx 2021. To verify this, I then requested a credit report from the same day, which stated that the Country Court Judgement was from xxxxxxx Country Court. 

2.2 Upon learning of the County Court Judgement on xxxxxxx 2021, I immediately contacted xxxxxxxCounty Court the next working day on xxxxxx 2021 to find out details of the Default Judgement. It was only at this point that I discovered that Parking Eye Ltd. was the claimant, and that the judgment was regarding a parking charge notice for £197 relating to parking in a car park in xxxxxx on xxxxx 2019, which is now £257.

2.3 xxxxxx Country Court informed me that the judgment was served at an old address, xxxxxxxxxxxxx, 5 months after I had left this address and my tenancy expired. After contacting Park Eye Ltd I also discovered that all 4 warning letters sent between xxxxx 2019 and xxxxxx 2019 were to my old address that I had already move out of 2 months prior to. In support of this I can provide confirmation of the end of tenancy agreement at this old address in xxxxxx 2019.  I also notified the DVLA to update my photocard licence in xxxxx 2019 4 months before the parking notice was issued of my new address when updating my licence. Therefore the  DVLA did hold my correct details and address but did not update their records fully. Also I was paying a TV licence monthly that was registered to my new address, in addition to notifying xxxxx water,   xxxxxxx city council and xxxxxx energy of the fact I was leaving the address and provided them with my forwarding address, See EVIDENCE A. Therefore, the DVLA and utilities had my address at the time that Parking Eye ltd did not have a response from me and could have found me easily by trace if they so wished given they had reason to believe that I had not received them, given my lack of response. 

2.4 I have not ever received any previous documentation from the Claimant in this matter and I thus was never able to properly challenge the Claimant’s claim. When I learnt of the claim I then immediately applied for a copy of the judgment from xxxxxxxx  County Court and the PCN from Parking Eye Ltd as I have never seen either of these documents. However, I have not received it yet but I still wanted to submit the N244 promptly after learning of this situation.


2.6 I suggest the claimant did not make reasonable enquiries as to my current address before pursuing the court order and that they had good reason to believe they did not hold my current contact details as I had not responded to the claim. 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 in on the xxxxxx 2020,  my driving license, car insurance, TV licence, council tax and utilities were all registered at a new address so I was there to be found by a simple trace SEE EVIDENCE C. 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.

2.7 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."

2.8. On the basis provided above I would suggest that the Claimant did not fulfil their duty to use the Defendant’s current address when bringing the claim and therefore, have not adhered to CPR 6.9 (3) and failed to show due diligence by using an address at which the defendant no longer resided.

2.9. Considering the above I as the Defendant was unable to defend this claim properly. I thus believe that the Default Judgement against me was issued incorrectly and thus should be set aside and I ask the Court to consider the reimbursement of the fee of £255 from the claimant should this request be successful.

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

Many thanks

nosferatu1001

OK that makes it clearer
They are claiming you "ended" the previous licence to park and started a new one. Which is rubbish. Their system didnt catch the previous one ending. 

henrik777

DRAFT ORDER
______________________________________________
IT IS ORDERED THAT:
1. The default judgment dated on xxxxxxxx 2020 be set aside.

2. Costs to be reserved.

WITNESS STATEMENT

______________________________________________

1. I am xxxxxxxxx and I am the defendant in this matter. The facts stated below are true to the best of my belief and my account has been prepared based upon my own knowledge. This is my supporting statement to my application dated xxxxxxxxx 2021 requesting to:

a. Set aside the default judgment dated xxxxxxxx2020 as it defectively served using an old address. 

b. Order for the claimant to pay the defendant £255 as reimbursement for the set aside fee.

No mention of the Electoral roll.
Have you checked with old landlord or new tenants to see if they did anything with the old mail ? Did you have mail forwarding in  place ?

henrik777

 I paid for an overnight stay, I can see on my app receipt, many people won POPLA appeals against this car park because the signage is unclear and the overnight rules are unclear. I can see I paid until 8am the following day. Then at 7.47 I paid again for day parking, 13 mins early to ensure I would avoid a fine, ironically. Then I left within the 5 hour stay allowed for the following day . However, because I paid 13 mins early the following day they are saying I overstayed by 13mins because my time in the car park was 7.47 until 1pm,  but actually I had a previous ticket that was still valid until 8am and I simply topped this up with another so I did not overstay as far as I know. But they obviously are just looking at the second ticket on its own. 

Also, if you don't get it on service, you'd want this information in your witness statement, as good reasons to set aside go, that's pretty bloody good.

rosemorton95

Thanks, I haven't lived at that address for nearly 2 years now so there has been several tenants since but I gave the property manager the forwarding address as he requested us to do this and as all the mail for the apartment building goes to a central post box that is then sorted into smaller ones for the flat. Obviously,  he didn't bother to send it on though, so I realise next time to use Royal Mail. I wasn't on the electoral roll at the time because I was at a temporary address for a while (staying with a friend) but I did go onto it eventually when I got my own place but this was afterwards. Thanks, yes I will try to make that more clear in the WS regarding not getting it on service.

henrik777

Ask if you can. If he says it was RTS then that'd be gin.

rosemorton95

Thank you I will do- I am searching on here and courts government page but can't find the best way to pay the £255 for the N244? 

henrik777

0300 123 1057

That's where i'd start. Pay, ask for email address for filing.
Or your local court.

rosemorton95

Yeah really frustrating I have been on hold today for 2 hours as I keep calling, getting transferred to finance for it to ring endlessly with no queue or hold music or anything and then it cuts off after about 5 mins. I called back again and explained to the next person that no one is answering and can they give a direct number but they said no and transferred me again. Unbelievably hard to just pay for the paper work and it is delaying my application

nosferatu1001

Local court or CCBC?>
You can pay and file at either.