Help with Hearing Bundle !! (Set aside Default Judgment)

bbwoi

Hi guys,

Not sure if this is a silly question, but I have my hearing to set aside a default judgement in which the original claim was sent to my previous address. I have written my defence but the guidance notes say that I need to submit a hearing bundle consisting of the following:

"a. Claim Form, Particulars of Claim, any draft Defence and Counterclaim
b. Copies of Court Orders made to date;
c. The application notice to set aside judgement and supporting evidence;
d. Word version of the draft Order sought
e. Evidence in response. "

Sorry but I am really confused now. I am unsure what most of this is.

I know that I have:

• A draft Defence - template from this forum used
• A draft Order sought - using the same one I used for the N244 form

I am unsure what everything else is and I am scared to make a mistake. A few questions:

• How do I send the claim form when it was sent to another address?
• I have an email from CCBC stating the particulars of the case (pictured below), can I just PDF this email? What is a counterclaim?
• And what is the difference between 'supporting evidence' and 'evidence in response'?? All I have really is my tenancy agreement to show that there is no mention of any parking permits/charges.

Thanks for any help in advance!

Coupon-mad

Supporting evidence is for your application to set the CCJ aside, so it’s the evidence that you had moved but were ‘there to be found’.

i.e you’d changed your address on the voters roll, registered for council tax, changed your bank statement address, utility bills, etc.   The evidence that supports your application that says you didn’t get the claim and the parking firm failed to take any steps to locate you as they are required to do before a claim. 

They should have taken your silence as a clue that maybe you’d moved and that your last known address obtained from the DVLA might not be good for service of a claim form.  All they had to do was a soft trace that with Experian costs from 28 pence for batch applications, as parking firms do all the time in high numbers.

You can’t include the claim form because you never received it.  Say that at the start of your witness statement unless you already did one with the N244.

You could also include as evidence attached to your draft defence, your tenancy agreement. It will give the draft defence more weight to show you have good prospects of defending the claim once the pesky CCJ is set aside under CPR 13.2 or 13.3 (read those and be familiar with the bar you have to reach).

bbwoi

Coupon-mad said:

You can’t include the claim form because you never received it.  Say that at the start of your witness statement unless you already did one with the N244.

Thank you so much for your help, this makes a lot more sense now!
 
I already did a witness statement for the N244, is it too late to amend this?

The only thing I am still unsure about is the counterclaim? Do I need to send this over too?

D_P_Dance

Have you complaiined to your MP?  Read this

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

Le_Kirk

The order states "any defence or counterclaim" and, since you are not counterclaiming, there is nothing to send.  Since the order asks for "The application notice to set aside judgement and supporting evidence" I would send it again.

Johnersh

The court staff have helpfully given you the particulars as per your original post. That is information from the claim form. Essentially the judge needs that to see what the claim is about.

S/He will see that it has taken 3 years to get to this point. 

Is this a case where they sent the judgment / attempted enforcement at your actual address - thereby helpfully proving that you could in fact have been easily traced prior to issue?

As @Coupon-mad suggests, it may be that you can argue that the claimant was never entitled to judgment as the claim was never served to the correct address and no effort was made to check the address. 

Castle

Parking Control Management (UK) Ltd are IPC members and are required under 22.1 of the IPC's COP (Version7 as from 1st November 2019) to:-
"Operators must take reasonable steps to ensure that the Motorist’s details are still correct if 12 months have passed from the Parking Event before issuing court proceedings".

As more than 12 months had passed since the "parking event" did they?

bbwoi

Castle said:

Parking Control Management (UK) Ltd are IPC members and are required under 22.1 of the IPC's COP (Version7 as from 1st November 2019) to:-
"Operators must take reasonable steps to ensure that the Motorist’s details are still correct if 12 months have passed from the Parking Event before issuing court proceedings".

As more than 12 months had passed since the "parking event" did they?

No ! They did not! Even though I had updated by address to DVLA and electoral vote.
Thanks for this, I will include this in my witness statement.
This forum is the best!

Le_Kirk

bbwoi said:

Castle said:

Parking Control Management (UK) Ltd are IPC members and are required under 22.1 of the IPC's COP (Version7 as from 1st November 2019) to:-
"Operators must take reasonable steps to ensure that the Motorist’s details are still correct if 12 months have passed from the Parking Event before issuing court proceedings".

As more than 12 months had passed since the "parking event" did they?

No ! They did not! Even though I had updated by address to DVLA and electoral vote.
Thanks for this, I will include this in my witness statement.
This forum is the best!

Did you update your V5C as well as your driving licence, it is two separate notifications, DVLA don't do joined up thinking!

Umkomaas

Updating the address with the DVLA after the issue of the initial parking charge notice won't be passed on to the PPC. The PPC has one chance at obtaining keeper data - at the time of the parking event. They cannot do a further 'sweep' after that, be it be one week, month year, or beyond. They simply cannot gain any further access 

bbwoi

Coupon-mad said:

You could also include as evidence attached to your draft defence, your tenancy agreement. It will give the draft defence more weight to show you have good prospects of defending the claim once the pesky CCJ is set aside under CPR 13.2 or 13.3 (read those and be familiar with the bar you have to reach).

Probably a silly question, but I am about to send off my documents and was wondering if it was okay to send a 2-page extract of my tenancy agreement instead of the full thing (40 pages). This is because only 1 page really mentions anything about the parking conditions and was going to add the page that says my name and address also.