CCJ from CPM - help please to set aside

Jetjet_12

Is Paragraph 2 okay to be worded like this?

2.       It is admitted that the Defendant was the registered keeper of the vehicle. However the Defendant was not the driver at the time of the parking event as the Defendant did not have a driving licence. The parking charge notices were issued on 4th and 6th February 2020 respectively. The Defendant obtained her driving licence on 02 October 2020. The Defendant has since relocated to XXXXX, Abingdon OXXX, XXX. Would the County Court at Watford kindly transfer the case to Oxford County Court and for the latter to take note of the Defendant’s unavoidable dates as stated on the N180 Directions Questionnaire.

Coupon-mad said:

 

Your para 3 is fine!

If this was where you lived at the time and it was almost certainly you driving, it is a far better and more honest defence position to admit that it was likely you who parked the car and remove the bit about the POFA from the end of para 3.

I wasn't the driver at that time as I did not have a valid license. Just that the car was in my name as my partner does not have a credit score so was unable to get a car on finance. So do I still Include about POFA?

I'm reading the Jopson v HomeGuard case now and will re draft everything once I know what to write. 

Do I include as attachment to the email the N180?

Coupon-mad

So do I still Include about POFA?

Yes. Do include it.

Do I include as attachment to the email the N180?

Yes to kill 2 birds with one stone; it will alert Watford to read it and push your case to Oxford and that form also lets you cross out special days / birthday / work or study commitment weeks & possible holidays out (plot it at least 6 months ahead into next Spring.  If in doubt, cross a week or two out!).

Jetjet_12

The facts as known to the Defendant

2.  It is admitted that the Defendant was the registered keeper of the vehicle. However the Defendant was not the driver at the time of the parking event as the Defendant did not have a driving licence. The parking charge notices were issued on 4th and 6th February 2020 respectively. The Defendant obtained her driving licence on 02 October 2020. The Defendant has since relocated to 15 Mathews Way, Wootton, Abingdon OX13 6JX. Would the County Court at Watford kindly transfer the case to Oxford County Court and for the latter to take note of the Defendant’s unavoidable dates as stated on the N180 Directions Questionnaire.

 3. The Particulars refers to the material location as Parking Space No. 43. The Defendant has, since 10th November 2019, held legal right to park under the terms of a lease. There are no terms within the lease requiring lessees to display parking permits, or to pay penalties to third parties, such as the Claimant, for non-display of same. The incident date for the parking charge notices were 03 and 04 February 2020. The underground car park was operated with a fob for secure entry and exit of the residents.  Any vehicles parked therein are, therefore, de facto authorised to be there. Signage and lighting around the parking area were poor. Appeals were made on 10 February 2020 for both incidences but were denied. The Defendant denies accepting any contract with the third party, UK Car Park Management. The Defendant cannot be held liable due to the Claimant not complying with the ‘keeper liability’ requirements set out in the Protection of Freedoms Act 2012, Schedule 4.

 4. The Defendant avers that the Claimant failed to serve a Notice to Keeper compliant with the Protection of Freedoms Act 2012. Consequently, the claimant cannot transfer liability for this charge to the Defendant as keeper of the vehicle.

 5. In Laura Jopson vs Homeguard Securities case number B9GF0A9E, His Honour Judge J Harris QC the judge states "getting in or out of it, loading or unloading it, and perhaps coping with some vicissitude of short duration" is not parking. This was an appeal court case and thus persuasive on the lower courts. The court transcript of that hearing and judgment, heard on appeal by HHJ Harris sitting at Oxford Court, will be provided at witness statement stage in support of this defence.

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I am not sure if putting the Jopson vs Homeguard is appropriate as part of my Paragraph 5????

I will then carry on with the rest of the points made on the defence thread. 

I am now looking into the other thread for the N180 form as well so i will also be guided.

B789

As you mention, Jopson may not be appropriate for your circumstances. A better case, although not persuasive, would be Link v Ms P C7GF50J7 2016:

https://www.dropbox.com/scl/fi/v2k2mbfdku2qszewvfrkt/Link-Parking-v-Ms-P-C7GF50J7-2016.pdf?rlkey=582e203lkak2xt2co5jdwa5vu&dl=0

Also, again not persuasive but relevant is Pace v Mr N C6GF14F0 2016:

https://www.dropbox.com/scl/fi/chduceet9k1z47v5t04s5/Pace-v-Mr-N-C6GF14F0-2016.pdf?rlkey=ak5qpsdev0cgwc5qo8d9foeru&dl=0

Coupon-mad

No, use Jopson as it is persuasive and the same Court!

Jetjet_12

Thanks everyone. I will draft my email now ready to be sent out tomorrow during working hours. All points taken as to include N180 and change in address and transfer of court. 

Le_Kirk

Appeals were made on 10 February 2020 for both incidences incidents but was denied were rejected.

Couple of suggestions above

Jetjet_12

Hi again everyone.

My case has now been transferred to Oxford County Court and I received the notice of allocation to the Small Claims Track (Hearing). Am I right into thinking I need to prepare a witness statement? Is this something i have already done or will this be a totally new one? I have just looked at my last witness statement and it was about the set aside so I think i would need to draft a new one? Can you advise me again please?

Thank you.

Coupon-mad

Yes it's a new one - exactly as explained, with recent linked exemplars, in the NEWBIES thread section all about WS stage.

Jetjet_12

Hi Again. I have now received the notice of allocation to the small claims track in Oxford on 27 October 2023.

There is a statement in my trial date letter:

Unless the claimant does by 4pm on the 29 Sept 2023 pay to the court the trial fee of £59 or file a properly completed application for help with fees, then the claim will be struck out with effect from 29 September 2023 without further and unless the court orders otherwise, you will also be liable for the costs which the defendant has incurred. 

Aside from the witness statement, is there anything I else I should be doing? I would like to reclaim the cost of the fee (£275 I think for when I applied for set aside). Many thanks for your help.