CCJ issued for PCN's in Secure Residential Parking

Le_Kirk

In your defence, each paragraph needs to be numbered.  Your defence is in danger of turning into a witness statement; keep it short, punchy and consisting of legal technical arguments and you can fill in the detail with the narrative in your witness statement later in the process. Provided you have opened the door with a statement, e.g. you were told your vehicle would be on a white list, you can then fill in the details in the WS.

JoeBloggs321

The facts as known to the Defendant:

2. It is admitted that the Defendant was the registered keeper and driver of the vehicle in question but liability is denied.

3. The Defendant on moving into housing association property was made aware verbally of the need for a parking permit to use the secure parking.

4. The Defendant was advised to send the vehicles V5C registration documents to the DVLA, for the address on those documents to be updated before a parking permit could be issued.

5. The Defendant provided the housing manager ##### the vehicles registration number as requested, on the understanding the vehicle would be placed on a ‘protected vehicle list’ in the interim period.

6. Between the ##h of January 2019 and ##th of March 2019, when the permit was issued the defendant received 9 PCN’s.

7. Intercommunication between the Defendant, Claimant and Gladstones solicitors to explain and resolve the issue was ineffective.

8. Due to services disruption in the pandemic the defendant did not receive any notices of the court hearing or judgement on this issue, and was unable to provide a defence.

9. A ‘Set-aside’ hearing was held on 25th of April 2022, and the defendant allowed to submit evidence in defense.

Is 9 necessary, or drop it?

Coupon-mad

I think keep it, as it's likely to be a different Judge.  Add in something about promissory estoppel (search the forum).

JoeBloggs321

Okay, sent to the courts and solicitors, he's just had a letter through to say the next hearing is just before October 2022, so my  work is FINALLY done! lol

I think my effort has enthused him, he plans on going in person to the hearing, with all the stuff I have given to him, so fingers crossed he doesn't do anything stupid!

I will of course though come back and let you know the result.

Again, many thanks for all the tips and wording, especially the templates. I really appreciate the work you lovely guys and girls put into helping others on this site, as I would honestly not have had a clue!

Le_Kirk

JoeBloggs321 said:

Okay, sent to the courts and solicitors, he's just had a letter through to say the next hearing is just before October 2022, so my  work is FINALLY done! lol

I think my effort has enthused him, he plans on going in person to the hearing, with all the stuff I have given to him, so fingers crossed he doesn't do anything stupid!

I will of course though come back and let you know the result.

Again, many thanks for all the tips and wording, especially the templates. I really appreciate the work you lovely guys and girls put into helping others on this site, as I would honestly not have had a clue!

If you are talking about the defendant (I haven't read back through the thread to see if you were posting on behalf of someone), they have no choice but to go to the hearing.

Jenni_D

Le_Kirk said:

JoeBloggs321 said:

Okay, sent to the courts and solicitors, he's just had a letter through to say the next hearing is just before October 2022, so my  work is FINALLY done! lol

I think my effort has enthused him, he plans on going in person to the hearing, with all the stuff I have given to him, so fingers crossed he doesn't do anything stupid!

I will of course though come back and let you know the result.

Again, many thanks for all the tips and wording, especially the templates. I really appreciate the work you lovely guys and girls put into helping others on this site, as I would honestly not have had a clue!

If you are talking about the defendant (I haven't read back through the thread to see if you were posting on behalf of someone), they have no choice but to go to the hearing.

You could of course also attend as his Lay Representative should you so wish (and he agrees).  

JoeBloggs321

Hi guys, So he has just got through the Claimants bundle for the court hearing.

There is quite a lot that I don't understand unfortunately.

I get the first 30 odd points are all about who they are, who the claimant is, contract for site etc. It is the bits where they just try and rubbish the whole claim using legal-eeze I'm just not getting, or how best to counter any of the points mentioned.

Just to recap, my friend moved to social housing, was told by the housing manager to give them his vehicle reg number, to be put on a whitelist, whilst he renewed the documents at DVLA to get his parking permit. Was issued a CCJ for PCN's he was issued parked before his permit was issued, within 2 months of move in. Housing Association say they do bnot keep whitelist records, but do acknowledge this is something they do. Previous CCJ set aside.

All the other documents in this bundle are photographs showing car, signage, landlord contract etc.

Any advice on this would be appreciated.

Thanks

Umkomaas

You seem to have skipped around telling us which parking firm is involved. Sometimes there are nuances around some PPCs that can influence advice. 

Le_Kirk

They accuse the defendant of using  "a generic defence found on the Internet" but calmly step around the fact that their witness statement is also generic tosh as they spout this rubbish on many occasions!  Search the forum for "generic defence" and see how many you find!  Besides, a judge said, in one hearing when he was told about the "Internet defence", "So what!"

Coupon-mad

Examples of good WS bundles for the D to copy and adapt are posted in the threads by:

@Daiapolon2021

@aphex007

That solicitor's WS is a template seen here dozens of times and laughed at.  But they have put the D to proof of telling the Housing Association his VRM to whitelist, so does he have his 'sent' email if he searches for it? Or was it done verbally?

Also, have they attached a confirmed copy of the Whitelist with partially redacted VRMs, as it stood at the time, or not?   If they haven't shown the Whitelist with your friend's VRM missing from it (or a 'whitelist lookup' as an exhibit) I'd say his oral evidence that he DID do all that was required, is strengthened by the other side's lack of evidence to the contrary,