CCJ after CN

MothballsWallet

Johnersh said:

They had approx 1 year of corresponding to an address prior to issue, from which they never received any response.

It's not beyond the wit of man to at least consider that you may no longer be resident there. 

It's a misconception that last known address means that can simply fire on a claim to any address at which someone has once lived. The purpose of the provision is to prevent people avoiding proceedings entirely. It doesn't obviate the need to check the address or to undertake searches.

If you have a credit card, mobile phone contract or mortgage etc you will have pinged an Equifax check at some point. Those searches can be done for peanuts. It makes you wonder how the £60 bolt on charges for debt recovery have been incurred *Innocent face*

I dunno, Boots Opticians were still writing this year to my parents' address in Scotland, even though I moved out to Coventry 21 years ago (they've done it a few times before, even after being told about the change).

tommoCF

Coupon-mad said:

You will only be resent the Particulars or claim form if the Order the Judge posts out now, requires it.

The hearing Directions will be confirmed in an Order but start working on your defence and you should email the PPC to ask for a SAR (if not done yet) and also ask the solicitor who filed the claim for the Particulars of Claim.

I've now received the 'general form of judgement or order' following the set-aside hearing... It merely says it's ordered that judgement against me dated xxx be set aside, and defendant do file and send copy to the Claimant a fully pleaded defence by 03/09.
Nothing about particulars of claim being resent (or anything else I wasted time including in my draft order - nothing putting the debt collection on hold). It's pure Kafka. I never received a claim form last year.. the main reason I paid £255 for the set aside, which I could never afford and will never see again, was because the claim form was never served by C. How can I assemble a fully pleaded defence without knowing the claim against me?.. The whole system is absurd in allowing claimants themselves to send out the claim form rather than the court - it's utterly in the Cs interest to just not send it..no-one can prove otherwise. Then a default CCJ will be awarded and even if the defendant applies for and is granted a set-aside, the defendant is left scrabbling around trying to get hold of the claim form. A SAR gives the ppc/solicitors three weeks until the ICO can be contacted, and any following up they do won't be vaguely in time to help the defendant in their case..

I sent a SAR to the PPC (PACE) by email, who responded saying they sent everything they hold on me in the WS they sent me a copy of just before the set aside hearing, and so they are not required to send it again. 
Also emailed a SAR to the solicitors (Gladstones) asking for the particulars of the claim form and anything else they hold. I sent a scan of my V5C with both SAR requests. No reply to my email to Gladstones but yesterday they sent a new email saying:

Rectification of Data 

Further to the above matter, and your Set aside application of xxxx, we can confirm that the data in this matter has been reviewed and confirm we have carried out the rectifications to the following information; 

The address we hold in our system 

is; xxxxx

Updated on our Systems 16/08/2021 

We trust this is satisfactory, however, please do not hesitate to contact us if you have any queries. 

We can further confirm we will now take the necessary steps to inform any Data Controllers/Data Processors of the above information, including our client. This is to ensure all parties hold accurate and complete personal data for you. 

Our Data Protection Team can be contacted at the address below or via email to; DataProtectionOfficer@gladstonessolicitors.co.uk.

Does this mean that they're going to send my current address to the debt collection agency they've sold me off to, and is there any way i can stop that happening when the set aside order doesn't mention halting debt collection? Is there any way I can compel them (or anyone) to send me the claim form?

I appreciate all the advice and help and also realise that expert guidance is trying hard to cover a vast range of cases being regularly described + updated across this forum. Starting to realise there's too much I don't know to be able to tackle this effectively, and that's without the knowledge + experience requirements for the hearing itself. I clearly fouled up the set-aside hearing since the result was not at all good, so would not have that much confidence. Have two hospital appts this week.. current health/time constraints is making this v difficult.
It it likely I have enough time left to contact a solicitor (and which kind)?

NCC1701-A

Be sure to make your views known on this industry in the current consultation: especially about extra debt collection fees and your CCJ experience.

https://www.gov.uk/government/consultations/private-parking-charges-discount-rates-debt-collection-fees-and-appeals-charter-further-technical-consultation

Le_Kirk

Try a call to CCBC and ask if they would send a copy of the claim form to you by e-mail.  I've see this successful in other threads.  You will need your claim number but I assume that will be on some paperwork somewhere!

KeithP

tommoCF said:

The whole system is absurd in allowing claimants themselves to send out the claim form rather than the court - it's utterly in the Cs interest to just not send it..no-one can prove otherwise.

That's just silly.

The County Court Business Centre send out the Claim Form.

They do however, send it the the address that the Claimant specifies.
What other address could they possibly use?

tommoCF

Many thanks for that suggestion Le_Kirk - I phoned the CCBC who said they couldn't resend the claim form but they did email me through the particulars of the claim, as follows:

THE DRIVER OF THE VEHICLE WITH REGISTRATION xxx (THE 'VEHICLE') PARKED IN BREACH OF THE TERMS OF PARKING STIPULATED ON THE SIGNAGE (THE 'CONTRACT') AT xxx, ON xxx THUS INCURRING THE PARKING CHARGE(THE 'PCN'). THE PCN WAS NOT PAID WITHIN 28 DAYS OF ISSUE. THE CLAIMANT CLAIMS THE UNPAIDPCN FROM THE DEFENDANT AS THE DRIVER/KEEPER OF THE VEHICLE. DESPITE DEMANDS BEING MADE, THE DEFENDANT HAS FAILED TO SETTLE THEIR OUTSTANDING LIABILITY. THE CLAIMANT CLAIMS £100 FOR THE PCN, £60.00 CONTRACTUAL COSTS PURSUANT TO THE CONTRACT AND PCN TERMS AND CONDITIONS, TOGETHER WITH STATUTORY INTEREST OF £5.48 PURSUANT TO S69 OF THE COUNTY COURTSACT 1984 AT 8.00% PER ANNUM, CONTINUING AT £0.04 PER DAY.

In a way it's a relief to finally see this.. Now I have the particulars of the claim, I think I can put together a defence using the template (kindly provided by bargepole I think) and later adapted and used for a defence by Neil22 awhile back, in a case similar to mine.

https://forums.moneysavingexpert.com/discussion/5884618/own-apartment-parking-fine/p6

One of the main problems is that when the freeholder introduced the ppc to the estate (without leaseholder consultation or a vote), I (along with all the other leaseholders I would guess) accepted the parking permit the freeholder provided (which were free for the first year), along with a visitor's permit. Indeed I was displaying the visitors permit when the CN was issued, since I no longer had an in-date main permit. No idea why the ppc considered the visitor permit invalid, though I know from other leaseholders that they issue plenty of tickets irrespective of in-date permits being displayed, often when the permit has slipped down slightly, for example. 
I anticipate the C will try to claim that by accepting and later displaying the visitors permit I had entered into a contract with them and thereby had to abide by its conditions.. which of course is a nonsense since they have no legitimate basis on which to offer a contract in the first place...but just wondering how best that argument would be countered to the court, or in the defence itself beforehand?

Le_Kirk

You displayed their permit merely as a courtesy and not as an obligation.  The claimant cannot override the terms of your lease/AST or other agreement you have with the freeholder/landlord, indeed you may even be a freeholder or landlord!  To construct a defence use the template provided by @Coupon-mad (it is one of the first five announcements on the first page of the parking forum) and adapt paragraphs 2 & 3 but by all means use whatever other defence points you have found for "own space" issues.  If you need to add arguments/technical points just add paragraphs and move all the other numbers down.  Show us your completed draft but ONLY the paragraphs you have edited or added.

tommoCF

Many thanks Le_Kirk - am using the template provided by @Coupon-mad to which you refer and will post the paragraphs I adapt/edit.

Been reading through the court claim procedure post by bargepole in the NEWBIES section and just wanted to double-check the stages for the various elements. The order setting judgment aside I recieved a couple of days ago states I need to file a 'fully pleaded defence' with copy sent to Claimant.

So obviously the Northampton Business Centre won't send the claimant my defence as described by bargepole (since I'm doing that), but will everything else happen as described in bargepole's post - i.e. the form 180 from N'pton Business Cente to both parties, Notice of Allocation, and 14-day alllowance for me to submit a Witness Statement, and other evidence documents?

Feel sure this is probably the case but the 'fully pleaded defence' phrase in the set-aside order along with the requirement for me to send a copy to the claimant (rather than Northampton sending it) is making me wonder slightly whether everything is needed in one go, i.e Witness statement and copies of all the evidence I will rely on?

Le_Kirk

Because you have been dealing with a court and the judge ordered you to send a defence, the judge/court will deal with you from now on.  Once the court/judge has received your defence, I expect you will receive further instructions.

tommoCF

Le_Kirk said:

Because you have been dealing with a court and the judge ordered you to send a defence, the judge/court will deal with you from now on.  Once the court/judge has received your defence, I expect you will receive further instructions.

But my defence doesn't need to have a WS and the evidence I will rely on including at this stage? The format I send it in can just be as per the the template provided by @Coupon-mad with paragraphs 2 & 3 adapted? I wondered if there's any disitnction with the set-aside order requiring me to submit a 'fully pleaded defence', or whether that's just the standard phrasing?