CCJ from CPM - help please to set aside

Jetjet_12

Hi Everyone. Thank you for all your insights. I would not have been able to do this if not for you. I have sent of my N244 and will prepare a rough draft for my defence. I have also decided to complain to my MP about these rogues. Also, I am lurking on another thread regarding the class lawsuit for DVLA.

Jetjet_12

Hi everyone. It has been a while since I last posted.

To update everyone my court hearing to set aside CCJ will be next week. I have received an email from a trainee solicitor from CPM informing me that they will not attend the hearing. Where do I stand on this one? Also they sent me a witness statement attachment in the email. I was only able to open the attachment once and then it became corrupted. At that time I was not able to read through it thoroughly as I was at work. The only thing that I can remember was according to CPM they did an Experian search on my name before the CCJ was filed and that there were still activity on my previous address hence there CCJ was served on that particular dress. I have checked with Credit Karma and my change of address was noted on 30 April 2021. I moved house 17 March 2021. I do not know how would I be able to dispute it if in the first place they would not be attending.

Is there anything else I need to prepare apart from the witness statement?

Also, I did write to the MP about my situation and since it has gone to CCJ already they have informed me they are no longer able to help me. They however had acknowledged that actions were taken by the government to address these rogues. Is there anymore I can do to help our cause? 

I have also started preparing a rough draft for my defence against the parking charge notice. I have taken inspiration from the template provided by Coupan Mad and Johnerish. Once my CCJ is sorted I would need your help to review it please. Thank you so much for everyone's help.

Johnersh

Take a print out of your credit search to the hearing or, if it is remote, email it. 

The fact is that credit searches will flag all addresses at which the individual has obtained credit. The responsibility is on them to identify the correct address. They had no response from one, why did they nor write to the other, which was a later address?

If the claim is found never to have been served, remember to ask the court to strike out the claim. The claimant can always issue afresh, but if it was never sent to the correct address and its 4 months on, it's now too late.

Search the threads and Google the court rules. 

Jetjet_12

It will be a remote one next Wednesday so I will email the court my contact information this Friday. 

Aside from the N244 and the witness statement + documents that I prepared alongside it, is there anything more that I need to add on it? I will also add the credit search report on the file. I am really getting anxious about it. First time in ny entire life to be doing something like this. 

Also, I did email Gladstones if they can resend the witness statement again but haven't heard anything since. 

Thank you Johnersh! 

Coupon-mad

The only other thing for a set aside hearing, is to know the bare bones of your defence to the PCN, and that the Govt has banned the false added £60 'debt recovery costs' and declared that aspect to be 'extortion'.

You need to be ready to demonstrate reasonable grounds to defend the claim itself, in case the Judge is not convinced that CPR 13.2 applies.  They'd then need to consider 'any other good reason' to set aside the CCJ under 13.3, which includes how promptly you acted when you discovered it, and whether there are prospects of defence.

Johnersh

@Jetjet_12 a useful, if old, review of some cases, the rules and how they operate. 

https://www.civillitigationbrief.com/2019/02/13/back-to-basics-31-service-of-the-claim-form-at-the-last-known-address-five-key-points/ 

Jetjet_12

Coupon-mad said:

The only other thing for a set aside hearing, is to know the bare bones of your defence to the PCN, and that the Govt has banned the false added £60 'debt recovery costs' and declared that aspect to be 'extortion'.

You need to be ready to demonstrate reasonable grounds to defend the claim itself, in case the Judge is not convinced that CPR 13.2 applies.  They'd then need to consider 'any other good reason' to set aside the CCJ under 13.3, which includes how promptly you acted when you discovered it, and whether there are prospects of defence.

I have seen that template that you have done for the £60 additional debt recovery cost and I will be using that as my basis for defence for the orginal claim alongside Johnersh's template regarding parking in residential areas.

Another thing to note is I know I was not definitely not the driver on the dates of the PCN. Both PCN's were issued Feb 2020, I only had provisional license then. I was only able to obtain my full driving license October 2020. Do I highlight that as well if the judge would not consider CPR 13.2? I only happen to be the Registered Keeper as the car is on my name as my husband could not then obtain credit at that time as he was less living less than 3 years here in UK. 

I did appeal as soon as I received the PCN via post but obviously they denied it. 

Coupon-mad

Yes, highlight that fact at the hearing if you have to mention your possible defence, stating that you do not believe the Claimant complied with the POFA 2012 and can't hold you liable.  All of this needs to be heard properly and you do not believe the signs were clear either, so there are valid grounds for a solid defence.

Jetjet_12

With regards to the signs being unclear I am not sure I can use that? Coz there is one directly behind our allocated car park space. Although not once was it indicated in my tenancy agreement that I have to display a parking permit. 

I have managed to obtain a copy of Gladstone's witness statement. They indicated that CPM have always been involved in the management and enforcement of parking on that private land which results in a Contract between driver and the claimant. 

My timeline of events:
 
4 and 6 Feb 2020 - PCNs issued sent via post 
10 Feb 2020 - appeal done
21 Feb 2020 - appeal rejected
21 March 2020 - liability notice

8 February 2021 - Gladstones Solicitors involvement

*Letter Before Claim sent to my previous address

According to their trainee solicitor, they then carried out an Experian trace.


10 May 2021 - Gladstones submitted a claim to the CCBC

14 June 2021 - CCJ

I have read through the POFA 2012 but its too much jargons for me. I am taking notes as well.

I will have to read through the links that Johnersh have attached too. 

I will have to prepare my electronic bundle and send it over by tomorrow i hope. 


Thank u Coupon Mad and Johnersh. 

Jetjet_12

To add, we did not receive a notice to keeper on the windscreen for both PCNs