Advice for CCJ - Not in country when served

1505grandad

Please, please proof read  -  besides obvious ones previously mentioned re WS the Draft Order has a rubbish claimant name.

NotAnotherOne

1505grandad said:

Please, please proof read  -  besides obvious ones previously mentioned re WS the Draft Order has a rubbish claimant name.

Thank-you - I will amend this. 

msx999

@NotAnotherOne
I'm new to this as well and researching for my own set-aside case, but it appears your witness statement has instances of third and first persons - (e.g. the defendant / and I) 

It should be in the 1st person AFAIK and I'm more than happy to be corrected.

Le_Kirk

msx999 said:

@NotAnotherOne
I'm new to this as well and researching for my own set-aside case, but it appears your witness statement has instances of third and first persons - (e.g. the defendant / and I) 

It should be in the 1st person AFAIK and I'm more than happy to be corrected.

You are correct, defences in third, witness statements in first.

NotAnotherOne

Le_Kirk said:

msx999 said:

@NotAnotherOne
I'm new to this as well and researching for my own set-aside case, but it appears your witness statement has instances of third and first persons - (e.g. the defendant / and I) 

It should be in the 1st person AFAIK and I'm more than happy to be corrected.

You are correct, defences in third, witness statements in first.

Thanks for the heads up guys. Will adjust. 

NotAnotherOne

Hey guys, I could really use some help on this WS, I would like to know if it's valid. I have searched a lot on this forum and seeing a lot of people use the case of CCJ being served to wrong address. 

Where as in my case, the address is the CCJ was served to is correct, however I was not in the country. So as far as I am concerned I have to rely solely on CPR.13.3 (i) (ii) in order to request this to be set aside. Is that correct?

I would also like to email DCBL with a request to set aside with consent but would like to confirm on which basis. I assume that send over just the reason of CPR.13.3 (i) (ii) 

IN THE NORTHAMPTON COUNTY COURT 

Claim No. XXXXXXXX 

BETWEEN: 

UK PARKING CONTROL LTD 

Claimant 

– and – 

Defendant 

XXXXXXXX 

_________________________________ 

WITNESS STATEMENT OF XXXXXXXX 
_________________________________ 

WITNESS STATEMENT 
 
I am XXXXXXXX and I am the defendant in this matter. This is my supporting statement to my application dated (will fill when I send) requesting to: 

1. Set aside the default judgment dated 30/12/2021 as it was served whilst I was absent from the country. 

   2. If I had known about the claim, I would have defended it.

   3. A judgment was entered against me on 30/12/2021 without my knowledge.

   4. On the 04/02/2022, I found out about the judgment when I returned to my home address and found the letters.

   5. In addition, I wish to have judgment set aside because I have a real prospect of successfully defending the claim. 

         6. I respectfully ask that the court orders that the judgment be set aside.

         7. Order for the claimant to pay the defendant £275 as reimbursement for the set   aside fee.  

1.  
   DEFAULT JUDGMENT 
    
   1.1. I understand that the Claimant obtained a Default Judgment against me as the Defendant on 30th 12 2021. I am aware that the Claimant is UK Parking Control Ltd, and that the assumed claim is in respect of unpaid Parking Charge Notice issued on the 06/02/2017, relating to an alleged offence taking place on the 06/02/2017 in a car park on XXXXXXXXXXXX. I contest this charge for the reasons outlined in the attached draft defence. 
    
   1.2. The claim form was served whilst I was out of the country and I thus was not aware of the Default Judgment until 05th February 2022 upon returning home. After a leaving the country on 09th October 2021 and not returning to my home address until 05th February 2022. In support of this I can provide copies of my boarding passes, alongside the passport stamps which shows the dates of absence from the U.K.  

      
1.3. In addition to the above, it should be highlighted that the integrity and law-abiding intention of the Defendant should be taken into consideration on the basis that; 
 
1.3.1 I discovered a CCJ was lodged onto my credit file on 05/02/2022. 
 
1.3.2 On 09/02/2022 I sent over an email to UKPC’s Data Protection Officers to obtain relevant information relating to this default judgment. 

 
1.3.3 On XXXXXX I have submitted my case in order to set-aside this judgment and fairly present my case. 
 

1.4. On the basis of CPR 13.3 (i) the defendant has a real prospect of successfully defending the claim and CPR 13.3 (ii) the defendant should be allowed to defend the claim  

 
1.5. According to publicly available information my circumstances are far from being unique. The industry’s persistent failure to use correct and current addresses results is an unnecessary burden for individuals and the justice system across the country. 
 
Furthermore, Ex-Prime Minister May publicly pledged to investigate ‘abuse’ of the CCJ System and so called ‘Credit Clamping’ as reported in the Daily Mail article dated 12 September 2016. The Right Honourable Sir Oliver Heald on 23 December 2016 "announced a crackdown on unresolved debts which can damage people’s credit ratings without them knowing. The action comes after concerns were raised that companies were issuing claims to consumers using incorrect addresses." 
 
The Minister added "It cannot be right that people who are unaware of debts can see their lives and finances ruined by county court judgments. That in the digital age, we must ensure companies pursuing unpaid debts make every reasonable effort to contact individuals, rather than simply relying on a letter to an old address.” Furtherance to points raised in 1.3 above. 
 
1.6. Considering the above I was unable to defend this claim. I believe that the Default Judgment against me was issued incorrectly and thus should be set aside and I ask the Court to kindly consider the reimbursement of the fee of £275 from the claimant should this request be successful. 

Statement of Truth 

I 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. 

NotAnotherOne

Any thoughts on the above?

I could really use some help on whether this is good grounds on getting a set aside. I need to send my N244 soon, and would also like to get a email over to the claimants solicitor before I do and give them appropriate time to respond.

Le_Kirk

You need a six-point order as a Word document so that the judge can alter any dates.  See examples used by other posters by searching the forum; here is one such thread (be careful not to just copy & paste without reading, understanding and editing it) that you can use as an example of style and format: -
https://forums.moneysavingexpert.com/discussion/comment/77131023#Comment_77131023
Since your point is that the claim was served on you when you were out of the country your three paragraphs starting 1.5 are incorrect.

NotAnotherOne

Can I get your thoughts on this as my witness statement to support my N244, it is something I worked on over the weekend with a friend of mine who has a background in law. He seems to think it will not be necessary to include references such as 13.2  or 13.3 

What are your thoughts on this?

County Court Business Centre

 

 

 

UK Parking Control Limited

Case I.D. # **********   DEPOSITION   IN SUPPORT OF N244 PETITION

 

      Plaintiff,

 

                        vs.

 

**********

 

      Defendant.

 

 

 

 

Witness Statement

NOW COMES ********, the Defendant herein, alleging and stating as follows:

 

1.         My name is ***********, resident at [ADDRESS].

 

Background and Circumstances

2.         On 6 February 2017 I parked my vehicle at a parking lot in London.  I did not pay for use of the space because there were no signs mandating I do so.

3.         I subsequently received a purported “parking charge notice” (hereinafter “the Notice”) issued by UK Parking Control Ltd. demanding I pay £100 (reduced to £60 if would pay within 14 days) on account of having failed to display proof of payment for use of the parking space, contrary to the putative “clearly and prominently displayed” terms and conditions of electing to utilize said parking lot.

 

4.         I ignored the Notice because—

a.     No warnings or other signs were present in the location where I had parked and I had ample evidence to that effect, and

b.     There had been several scandals involving parking enforcement firms, where they had been caught forging and otherwise fraudulently issuing notices such as the one I had received.  Indeed, the Plaintiff itself had been debarred from issuing parking charge notices in 2015 by the government for fabricating evidence against vehicle owners.

5.         I subsequently received at my parents’ mailing address a number of communications from debt enforcement firms.  I did not engage with them, either, owing to both my suspicions about the validity and legality of the entire process as well as the seminal events happening in my personal and professional life at the time.

6.         On 24 September 2021 I left the country for an extended [PERSONAL AND PROFESSIONAL] trip.

7.         On 4 February inst. I returned to my residence, having spent several days at my parents’ abode, to discover multiple items of legal correspondence, ranging from the Plaintiff’s N1SDT claim form to the default judgment, all dated within a span of less than two months in total.

8.         Exhibit [*****] contains proof of my departure and arrival, according with the above dates: 24 September – 9 October 2021 in Portugal and 9 October 2021 – 30 January 2022 in Brazil.

 

Motion to Set-Aside

9.         I contend that the Notice was issued illegitimately and my supposed debt to the Plaintiff is therefore null and void.  I have voluminous evidence to that effect and am convinced I would defend myself successfully in court.

10.      The entire juridical process from start to finish took less than two months.  Due to my absence from the country, I was not in receipt of any of the pertinent correspondence nor had I had an inkling that litigation of me would be or was under way.

11.      My failure to engage with the legal process, therefore, owed to a bad coincidence rather than any omission, recklessness, or carelessness on my part.

12.      Accordingly, I ask the court to afford me the opportunity to present a defense, which is one of the major underpinning principles of our legal system.

13.      If a hearing is required in this matter, I [ANY DATES IN THE NEXT SIX MONTHS YOU’RE UNAVAILABLE?].

 

14.      I 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.

15.      Signed: *********

16.      In [PLACE], on 23 February 2022.

Coupon-mad

'Deposition'?

Plaintiff?

'NOW COMES ********, the Defendant herein'?

'Motion to set aside'?

Not in the UK county court for an application hearing.

Defence has a 'c' not an 's'.

 I contend that the Notice was issued illegitimately 

No, you don't.  You told us it was served properly and you were away. 

There had been several scandals involving parking enforcement firms, where they had been caught forging and otherwise fraudulently issuing notices such as the one I had received.  Indeed, the Plaintiff itself had been debarred from issuing parking charge notices in 2015 by the government for fabricating evidence against vehicle owners.

That's not quite true.  Certainly never accuse a PPC of forgery or acting fraudulently!

Where is your mention of CPR 13.3 which is what you should be relying up and quoting?

You could add that the claim includes a false sum of money (an added £50 or £70) that the UK Government has declared (this month, in the Ministerial Foreword to the new statutory Code of Practice, is aggressive conduct 'designed to extort money from motorists'.  Such sums are expressly banned and the Claimant knows it did not incur nor pay any money to the aggressive Debt Recovery firm they used because it is all done on a no-win-no-fee basis.  As such, the CCJ cannot stand, regardless of other considerations.