CCJ from CPM - help please to set aside

Redx

Option 4 , let it time out after 6 years , meaning option 1 is not inevitable , it's possible , but not an absolute

NCC1701-A

Terry1931 said

3. Pay the charge under duress and without prejudice and then prepare your claim against the Parking Company to recover the excess charge in a MCOL action.

What factual evidence do you have for the success rate of this, and how many hours of work is it compared to the other options?

How does your post help the OP set aside the CCJ?

Jetjet_12

Hi again to the experts in this field. I have made my draft order and my witness statement. If can somebody please have a look at it before I submit it to the court please. I am no legal person hence it has been quite hard coming with the documents but everybody has been so helpful in various threads. I drafted my response based on what I have read on the forum.

DRAFT ORDER

Upon reading the Defendant’s application dated 20 September 2021 it is ordered that:

 1.       The default judgment dated 14 June 2021 be set aside.

 2.       The Claimant to pay the Defendant’s costs of this application to the sum of £255.

 3.       Unless the Claimant serves a copy of the Claim Form on the Defendant by 4 pm on DD/MM/YYYY paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant’s costs summarily assessed at £255 and the claim shall be struck out.

 4.       If the Claimant serves the claim form as directed in paragraph 3 the Defendant shall file and serve a defence by DD/MM/YYYY.

 5.       Should the Claimant discontinue the Claim after the CCJ is set aside, paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant’s costs summarily assessed at £255 plus the Defendant’s costs for attending the hearing.

 6.       That all enforcement be put on hold pending the outcome of the application.

WITNESS STATEMENT

I, XXX, of XXX being the Defendant in this case will state as follows:

 1.       I make this Witness Statement in support of the application for an order that the judgment in this case (Claim No. XXX Judgment dated 14 June 2021) be set aside.

 2.       CPR 13.3 states (1) In any other case, the court may set aside or vary a judgment entered under Part 12 if –

a.       the defendant has a real prospect of successfully defending the claim; or

b.      it appears to the court that there is some other good reason why –

                                                               i.      the judgment should be set aside or varied; or

                                                             ii.      the defendant should be allowed to defend the claim.

 3.       I learnt of the existence of this claim on the 12th of September 2021 when I received an email from Wealthify dated 8th of September 2021 requiring further information of the judgment detailed in paragraph 1. I did not see the email until 12th of September 2021. I immediately checked the Register of Judgments via Trust Online on 13th of September 2021. [Exhibit01]. On 15th of September, I contacted Northampton County Court Business Centre to obtain relevant information relating to this default judgment and learned that it was related to unpaid parking penalties issued by UK Car Park Management in our residential flat.

 4.       I did not defend / acknowledge the original claim as the claim form and all details were not served to my current address. I was therefore unaware of the claim. The address on the claim is XXX. I moved to my current address on 17th March 2021.

 In support of this, I can provide a copy of my tenancy agreement, bank statement, council tax bill and utility bill [GJE02]. I have also updated my V5C and driver’s license by April 2021 [GJE03].

 5.       On 16th of September 2021 I sent a Subject Access Request to UK Car Park Management along with a Data Rectification Notice to ensure all further communication goes to my current address. They have acknowledged that they have received my request but are yet to answer to it.

 6.       Using Claimant information obtained through CCBC, I have checked my emails and found correspondence with UK CPM dating back to 10 February 2020.

 7.       On 18th of September 2021 I sent an email to Gladstones Solicitors to request a copy of the court orders.  I have received an automatic response informing me to expect a reply within 7 days.

 8.       I believe the Claimant has behaved unreasonably in pursuing a claim against me without ensuring they held the Defendant’s correct contact details at the time of the claim. As per CPR 13.2, that proceedings were not validly served because the Claimant was incorrect in assuming this was my last known address and did not take due diligence to ascertain my current address, nor used known email address. This has led to a defective service and an irregular judgment.

 9.       I therefore respectfully request that the Court sets aside the judgment in this claim and costs awarded in the Defendant’s favour including the £255 set aside fee and any loss of leave for attending the hearing.

 Statement of Truth

 I, XXX, believe that the facts stated in this Witness Statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

 On a side note, I was gonna fight off the penalty after having read through the forums previously hence I made an appeal right from the start. However, life got the better of me having had to deal with some personal issues hence updating the PPC of my new address was at the furthest from my mind. Still, I have got only myself to blame. I also paid a PPC back in 2018 when I did not understand all of this.

Thanks to everyone who has been so helpful.

Redx

Typos , or pedantic mode , but very important

You have called it a penalty in the proper draft and again in your observations at the bottom , it is not a penalty or penalties

It's one or more Parking Charge Notices , so PCN or PCNs , note the word Parking , not Penalty

You should never use the word penalty , or penalties , fine or fines

Call them by their correct names , mentioned above , so redraft the above to suit

D_P_Dance

In matters such as th8is, total accuracy is a sine qua non.  

Jetjet_12

Thank you so much Redx and D_P_Dance. I will read through and edit them again.

Coupon-mad

Don't type 'of' in any date.  Although we tend to say 'of' if looks wrong written down.

Also, before you quote CPR13,3, quote the much more important (and binding on the Judge because it says the court MUST set aside) CPR13.2, which is your first argument.

They didn't bother to take any steps to locate your address for service, despite the parking industry knowing full well that DVLA data is unreliable.

And despite UKCPM being signed up only to obtain DVLA data if they fully comply with the IPC Code of Practice, which requires AOS members to check addresses before filing a claim (as do the CPRs).

Le_Kirk

D_P_Dance said:

In matters such as th8is, total accuracy is a sine qua non.  

Oh, the irony!

D_P_Dance

Arthritis dear boy, arthritis.  In any case, I am not the one in the effluent.  

Jetjet_12

Coupon-mad said:

Don't type 'of' in any date.  Although we tend to say 'of' if looks wrong written down.

Also, before you quote CPR13,3, quote the much more important (and binding on the Judge because it says the court MUST set aside) CPR13.2, which is your first argument.

They didn't bother to take any steps to locate your address for service, despite the parking industry knowing full well that DVLA data is unreliable.

And despite UKCPM being signed up only to obtain DVLA data if they fully comply with the IPC Code of Practice, which requires AOS members to check addresses before filing a claim (as do the CPRs).

Thank you so much Coupon-mad. I edited it and included CPR13.2 as my main point of the argument.

I also erased the words 'of' as you suggested. English is not my first language hence points like this are things that I would surely miss.