CCJ Set Asside Won, help with Defence needed.

ak_motorist

Hey All,

Firstly, I do apologies if this has been covered elsewhere (I have also read a few of the newbies threads especially the ones about set aside). I'm seeking some help with WS for court hearing.

Background:
Parked at Peel retail park in Glouceser for longer than 3 hours on 23 July 2017. Moved from Stroud to a flat in London on 04 August 2017. PCN was issued on 11 August 2017, 19 days after the alleged offence, and sent to old address in Stroud. I didn't get the PCN as I was living in London by then. In December 2017 I received letter from Debt Collector at my London address. I have been replying to each letter (using email) asking them to provide full details of PCN. They kept sending letters, but didn't disclose details of the PCN. I found out who was the Parking Management company at a time and added them to correspondence with Debt Collectors - still no luck on getting  PCN information. Debt Collector stopped sending letters around February 2018 and in June 2019 I have moved to a new flat in London.

In March 2021, I have received credit score alert showing CCJ against me. By contacting CBCC I found that Parking Management company got CCJ against me and they used my old address in London for serving all documents. I guess they didn't bother to check my address again as well didn't use my email address to notify about legal actions.

I have filled N244 form for set asside, which was accepted and telephone hearing is scheduled for September.

Would really appreciate your feedback on my WS.

Special thanks to Coupon-mad and henrik777 for their great work on these forums.

ak_motorist

Sharing my draft WS that I have prepared for the hearing

DRAFT ORDER

 

1.       Set aside the default judgment dated 02/March/2021 as it was defectively served using an old address for which I don’t live since June 2019. 

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

3.       Order for the original claim to be dismissed.

 

 

WITNESS LETTER

SET ASIDE THE DEFAULT JUDGMENT

1.1. I was the registered keeper of the vehicle at the time of the alleged offence.

1.2. I understand that the Claimant obtained a Default Judgment against me on 02/March/2021. I am aware that the Claimant is XXXX, and that the assumed claim is in respect of unpaid Parking Charge Notices, from 23/July/2017 at Peel Centre (Gloucester Retail Park). I contest this Default Judgment as it was served at my Old Address, XXXXX, where I don’t live since June 2019 and the Claim was not served at my current address, YYYYY.

1.2.1. I have attached Check-out report from XXXX, dated 05/June/2019 when I have vacated premises and my contract with Landlord has ended. Also, I have attached several bank and mobile phone statements over past 9 months at my new address, YYYYY. Please refer to Appendix A.

1.3. Since the Claim was not served at the correct address, I thus was not aware of the Default Judgement until 07/March/2021.

1.3.1. I discovered a CCJ was lodged onto my name after receiving a credit score alert by TransUnion, a service that sends out credit score to me on a weekly basis.

1.3.2. On 08/March/2021, I called CCBC and agent advised that Claimant is XXXXX and claim is related to unpaid parking charge.

1.3.3. Using Claimant information obtained in 1.3.2, I have checked my emails and found correspondence dating back to 09/December/2017 with a company called Debt Recover Plus Ltd, who were acting on behalf of XXXXX and were sending me threatening letters relating to parking charge.

1.3.3.1. I have attached email thread showing that I have tried to co-operate with Debt Recover Plus Ltd, replying to each and every letter I have received, but unfortunately, company ignored my emails and refused to supply basic information about related parking charge and stopped sending me letters around February 2018. Moreover, since 20/December/2017 XXXXXX have been added to email thread with Debt Recover Plus Ltd giving Claimant option to send requested information but they didn’t reply. Please refer to Appendix B.

1.3.3.2. It is also evident from attached correspondence in Appendix B that both Debt Recover Plus Ltd and XXXX were not only aware of my then living address but also my personal email, which they failed to use as “an alternative method” as per CPR 6.9 (4 ii) to inform me about the Claim.

1.3.4. On 08/March/2021, I have sent email to XXXXX explaining that Claim was incorrectly served to my old address as well as pointing out that in the past I have requested parking charge details from Debt Recover Plus Ltd and not received this information.

1.3.4.1 On 12/March/2021, XXXXX replied to email ignoring my request to supply further information about the parking charge and to cancel the Claim despite serving it to incorrect address. – Please refer to Appendix C.

1.4. Above entails, as per CPR 6.9 (4), that proceedings were not validly served because Claimant was incorrect in assuming that this was my last known address and did not take reasonable steps to ascertain the my current address, nor used known email address. This leads to no service, Claimant was not entitled to judgment and the court must set aside the claim.

1.4.1 In response to the Claimant’s Application Section 20, Claimant failed to provide evidence of address trace conducted by Claimant’s Agent DCBL, confirming Defendant’s old address, XXXXX, date when the search was done and results of the search.

 

DISMISS CLAIM FOR £185

2.1 Claimant had no right to issue “Notice to Keeper” on 11/August/2017, 19 days after the alleged offence. This has violated, then applicable, IPC Code of Practice (version 1st April 2017) – “PART C - Notice to Keeper (ANPR and Postal Notification cases), 5.1 The Notice to the Keeper must; (m) Be given to be received by the keeper within 14 days beginning the day after the specified period of parking”.

Reference to IPC Code of Practice 2017:

2.1.1 Claimants ability to seek Keeper’s liability must be in line with IPC Code of Practice “PART C - 1. Applying for Keeper Details where Keeper Liability is Sought, 1.1 If you intend to be able to recover unpaid parking charges from the keeper of a vehicle you must request Keeper details in accordance with Schedule 4 of the Protection of Freedoms Act 2012”

Schedule 4 (9) POFA 2012 clearly states that notice must be given within 14 days: “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.” and is widely adopted by fellow organisations, e.g. BPA Code of Practice 2020, 21.12 – “An effective ‘Notice to Keeper’ within the meaning of POFA 2012, must meet the requirements of Schedule 4 of the Act. In particular:

•paragraphs 6 (1) (b) and 9, if you have not given an effective Notice to Driver.”

Reference to POFA 2012:

Reference to BPA Code of Practice 2020: 

2.1.3 By violating IPC Code of Practice, Claimant also breached agreement with Landowner, who only authorised Claimant to pursue the outstanding Parking Chargers in accordance with IPC Code of Practice (reference AA1 – Paragraph 7 of Contract Witness Statement). Thus, Claimant had no right to issue “Notice To Keeper” on 11/August/2017.

D_P_Dance

Have you read this?  Nothing has been done

https://www.dailymail.co.uk/news/article-3786132/I-ll-end-credit-rating-scandal-pledges-PM-acts-Mail-exposes-rulings-ruined-lives.html

Have you complained to your MP?

ak_motorist

@D_P_Dance, thanks for sharing article!

Have not complained to MP yet, but sent email this morning to Landowner at Peel Retail bringing to their attention breach of contract.

Is there a formal procedure for sending complaint to MP?

D_P_Dance

Is there a formal procedure for sending complaint to MP?

No.

Redx

Name the parking company , full name and location

ak_motorist

hi @Redx

Parking company is Vehicle Control Services LTD (IPC member) and location is Peel Centre (Gloucester Retail Park).

Le_Kirk

You need a six-point draft order, which is usually attached to the N244 form and witness statement as a Word document so the judge can edit it.  In your WS you mention both IPC and BPA.  To which organisation does VCS belong? You have stated in one of your posts that they are IPC members (correct) so that is the CoP to use.

ak_motorist

@Le_Kirk , will do research on 6-point draft order (but if you have example handy that would be much appreciated!)

Vehicle Control Services is member of IPC. I have added BPA to show that it's a common practice among regulators to set 14 days requirement and adhere to Schedule 4 2012. But I will remove reference to BPA if it makes matters more confusing.

Redx

The 6 point draft order has been posted on here scores of times , even though this is a parking forum and not a legal forum

Le_Kirk

ak_motorist said:

@Le_Kirk , will do research on 6-point draft order (but if you have example handy that would be much appreciated!)

Search the forum using "six-point draft order" as your search term.  As @Redx points out there have been many instances when draft orders have been posted.