CCJ. Parking fine sent to old address

D_P_Dance

WRT costs, read this

https://www.citizensadvice.org.uk/law-and-courts/legal-system/small-claims/making-a-small-claim/

Jenni_D

There you go then ... C-m's template defence with your changes for 2 and 3.  

Olive_j

Jenni_D said:

There you go then ... C-m's template defence with your changes for 2 and 3.  

Thank you. When would I then be asked to submit a witness statement & evidence? Or can I still submit exhibits to accompany points 2 and 3? 

Edit: I’ve just seen the template says not to attach ANY evidence or anything else at this stage. I’m just not sure if that still applies in this fast track scenario so not following the usual steps. 

Jenni_D

WS comes when the court orders you to submit it. You do not include evidence with a defence.

You file your defence (and serve on the claimant - i.e. email it to them both in the same email). Thereafter the claimant decides whether they wish to pursue the claim further ... if they do then you'll receive an order stating when the hearing will be and by when you need to file and serve* your WS ... usually 14 days before the hearing.

* File means send to the court. Serve means send to the other party - claimant.

Olive_j

Thank you for clarifying @Jenni_D, much appreciated! 

Redx

It is 14 days before the hearing , the next hearing , unless you haven't received a new hearing date yet ??

If no new hearing date yet , comply with the written order you just received

Stop looking at the blurb with the template , that blurb and procedures is for new claims

Yours is an old claim , so comply with the order by the judge , defence within 14 days

Prepare your WS plus summary costs assessment for later as we don't know when that is

eMail your defence pdf to court and the claimant or their lawyers , copying yourself in too , to get proof of delivery to all 3 of you

Post your draft 2 & 3 below , for critique

Coupon-mad

Actually, in cases that are post set aside things are different and you never get asked to submit a Witness statement or evidence.

 I’ve posted about this unfairness before and Olive should file a defence AND WS AND evidence including the POFA Schedule 4, all together.

Redx

Coupon-mad said:

Actually, in cases that are post set aside things are different and you never get asked to submit a Witness statement or evidence.

 I’ve posted about this unfairness before and Olive should file a defence AND WS AND evidence including the POFA Schedule 4, all together.

Which I have read numerous times and have said so numerous times on this thread this week

It is also what I would do if I was the defendant , doing everything as one bundle , not waiting for non existent orders that may never arrive , this is a set aside case , not a new claim , things are different in set aside cases

So I agree with coupon mad , submit everything to everyone !! Within the 2 weeks , so next week

Olive_j

Not sure if this is too long. Should I remove the legislation & only refer to it in the WS? 

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

3. The Defendant first heard about this parking charge on X when checking their Experian Credit File. The Defendant immediately contacted Northampton County Court to obtain relevant information relating to the default judgment. The Defendant was unaware of the parking charge which was issued on X as it was sent to their previous address, X. The Defendant moved to X on X. 

Upon finding the default judgment, the Defendant then had to request a copy of the Penalty Charge Notice from the Claimant on X.

The Defendant cannot be held liable because the Claimant has not complied with the keeper liability requirements set out in the Protection of Freedoms Act 2012, Schedule 4 for the following reasons:

9(1) states a notice which is to be relied on as a notice to keeper for the purposes of paragraph 6(1)(b) is given in accordance with this paragraph if the following requirements are met.

(2)The notice must—

(a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;

The parking charge does not state the period of parking, just a single time, X

9(4) states the notice must be given by—

(a)handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or

(b)sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.

9(5)The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended.

(6)A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered (and so “given” for the purposes of sub-paragraph (4)) on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales.

The Penalty Charge Notice issue date is X. The Claimant’s log shows that the Penalty Charge Notice was sent on X. It has to be served (received) within 14 days. It could not have been received by X (day 14) if it was sent on X. The Penalty Charge Notice was therefore served late.

The Protection of Freedoms Act 2012 can only be used to peruse the keeper of all conditions are complied with. The registered keeper was not the driver. As the Penalty Charge notice is not compliant with the Protection of Freedoms Act 2012, Schedule 4, there is no keeper liability.

There was no signage at the entrance of the car park, contrary to the IPC code of practice. 

Le_Kirk

It is not a penalty charge notice but a parking charge notice.  Your defence reads as if you are still applying for a set-aside,  You are not, you have that.  You need to defend the underlying case.  No keeper liability is a good start.  What was the original PCN for (according to the NTK or the claim form).  It has been 29 pages now, I've forgotten!
I've been back through most of the thread but cannot see that you ever submitted a SAR to UK Carpark Management Limited to find the original PCN, nor asked the CCBC to supply a copy of the original claim form.