Please review my N244 Contest set aside application from Excel Parking

Coupon-mad

You know what is advised from the NEWBIES thread CCJ set aside section, as you are a long time poster who we expect read that part of the NEWBIES thread way back in 2021?

A good recent worked example is by @Jack5656 who shows how it all should be done.

We have no time to do this one by one, hence why there is a CCJ set aside section in the NEWBIES thread and Jack's example is a very good one in addition to that advice.

IloveElephants

Coupon-mad said:

You know what is advised from the NEWBIES thread CCJ set aside section, as you are a long time poster who we expect read that part of the NEWBIES thread way back in 2021?

A good recent worked example is by @Jack5656 who shows how it all should be done.

We have no time to do this one by one, hence why there is a CCJ set aside section in the NEWBIES thread and Jack's example is a very good one in addition to that advice.

Thanks Coupon-mad. 

IloveElephants

Hi,

I have edited my N244 Form for this particular CCJ - Please see screen shot below to question 10. 
I have sent the £108 cheque in the post to the court already. But this N244 form does not make any reference to the other CCJ from excel parking issued on the same day for the same claim. Shall I mention that CCJ reference in this N244 form? 

IloveElephants

Coupon-mad said:

For each CCJ you had to apply separately.

Agreeing by consent and relying on a Tomlin Order written by the PPC (who have bern paid off by you, and don't give two hoots whether their words work for you or not) is never a good idea as the Court might refuse...

...but you've started that route so can only wait for the Court to decide it.

The other CCJ hasn't been touched if you haven't made an application about that claim number.  One N244 per CCJ. 'By consent' is not advised.

Thinking about it now I think I shot myself in the foot here asking for an agreed consent order from excel. I should not have paid them a penny. 

IloveElephants

I have wrote my draft order and WS for this particular CCJ case on a word document which I will attach with my N244 form.

DRAFT ORDER

IN THE COUNTY COURT AT: Northampton

Excel Parking (Claimant)

And

John smith (Defendant)

CLAIM No: XXXXXXX

IT IS ORDERED that:

1. The default judgment dated ENTER DATE 2020 be set aside.

2. No Paperwork received and no attempt to trace the defendant.

IPC CoP V6 - 1.6.2017 (Page 33)

 

3. The claimant is breach of ""cause of action estoppel" for the same claim, same location, and 2 CCJs issued on the same date in 2020. Rather than making a single claim.



WITNESS STATEMENT

7. I am FIRST NAME and I am the defendant in this matter. This is my supporting statement to my application dated 03/05/2022  requesting to:

a. Set aside the default judgment dated INSERT DATE 2022 as it was defectively served using an old address.

b. Order for the claimant to pay the defendant £255 as reimbursement for the set aside fee.

c. Order for the original claim to be dismissed.

DEFAULT JUDGMENT

8. I understand that the claimant obtained a default judgment against me on INSERT DATE 2020 . However, it was not served at my current address, therefore I was not aware of the county court judgment until 2022 when a credit check indicated 2 CCJs on my credit report from the claimant for the same claim, same location, and on the same date.

9. I have never received any correspondence from the claimant, therefore I was never able to challenge the original charge nor the judgment.

10. I have never received any correspondence and at no point prior to INSERT DATE WHEN CCJ ISSUED did I have any contact with the claimant.

11. I believe the claimant has behaved unreasonably by not ensuring they used my correct contact details. According to publicly available information my circumstances are far from being unique. Excel Parking persistent failure to use correct and current addresses results in an unnecessary burden for individuals and the justice system.

12. I suggest the claimant did not make reasonable enquiries as to my current address before perusing the court order especially considering they had good reason to believe they did not hold my current contact details. Furthermore, considering they received no response from me to their correspondence this should have been a clear indication that the claimant is not present.

13. Considering the above I was unable to defend this claim. Therefore, I believe that the default judgment against me was irregular, and I respectfully request it is set aside.

ORDER DISMISSING THE CLAIM

15. I further believe that the original parking charge notice has no merit and should thus be dismissed. The claimant is a parking company which seeks to claim for parking charge notices which the claimant believes are due as a result of an alleged breach of contract for parking by a driver.

16. The claimant has obtained details of the vehicle for which the defendant was the registered keeper and used those details to raise a parking charge notice. I dispute this charge in its entirety as I do not know the wording of the contract nor do I know the means by which the contract was alleged to have come into force.

17. If the claimant can evidence that the alleged incident relates to the vehicle Insert registration any notice to keeper issued by the claimant must comply with Schedule 4 of the Protection of Freedoms Act 2012. Otherwise, the claimant is required to prove the driver of the vehicle they claim was involved in the alleged incident. I submit that the claimant cannot provide such evidence and further submit that the claimant does not include Protection of Freedoms Act 2012 ; wording on the parking charge notices they issue and therefore cannot hold the registered keeper of the vehicle automatically liable.

18. A requirement of the Protection of Freedoms Act 2012 is that any notice to keeper must be served within 14 days of the date of the alleged incident. Since I have not received any documentation I submit the claimant has not complied with the requirements of the Act and thus cannot claim this charge against me as the registered keeper in any case.

19. I further submit that the parking charge notice is without merit due to substantial issues in law. This is for the following reasons:

a. Lack of Standing by Claimant: The claimant is not the landowner of the car park in question and will have no proprietary interest in it. This means that the claimant, as a matter of law, will have no locus standi to litigate in their own name. Any consideration will have been provided by the landholder and only they would have been able claim for any damages or trespass.

b. No Loss Suffered by Claimant: Their claim is presumably based on damages for alleged breach of contract. It is a fundamental principle of English Law that a party who suffers damages through breach of contract can only seek through court action to be put back in the same position as they would have been if the breach had not occurred. In order to do so they must demonstrate their actual or genuine pre-estimate of loss. I submit that no loss has been suffered by the claimant as a result of any alleged breaches of contract on the part of any driver of the vehicle of which I was the registered keeper. I further submit that any loss to the landowner (which would be the only party able to claim such losses) would be minimal.

c. The Charge is an Unenforceable Penalty: I further submit that the parking charge is nothing but an unenforceable penalty as it is not based on any loss suffered due to the alleged infraction.

d. No Contract with the Claimant: Any contract must have offer, acceptance, and consideration both ways. There would not have been consideration from the claimant to the driver. Therefore, there is no consideration from the driver to National Parking Management.

20. On this basis I believe that the claimant has not provided any reasonable cause of action and thus the claim should be dismissed in its entirety.

21. In order to make informed decisions and statements in my defence as former keeper of the vehicle I will require copies of all paperwork and pictures of all signs from the claimant.

Statement of Truth:
I believe that the facts stated in this Witness Statement are true.

 

Signed ……………………….

 

Date …………………….

If this above template is sufficient I will fill out my other n244 application for the other CCJ from excel parking and use the same template as it is the same case. 

Thank you everyone. 

KeithP

Your Statement of Truth is now several years out of date.

IloveElephants

KeithP said:

Your Statement of Truth is now several years out of date.

Hi Keith, thanks for clarification, how about the rest of the template? I can remove the statement of truth and update if so or do you mean the entire document is now out of date? 

KeithP

well since you ask...

Your Draft Order seems to be missing several points.
Check other setaside threads for other Draft Orders.
Usually they have five or six numbered points.

Point 1 of your Draft Order is fine.

Point 2 of your Draft Order isn't an order you are asking the court to make, is it?

Point 3 of your Draft Order isn't an order you are asking the court to make, is it?

IloveElephants

KeithP said:

well since you ask...

Your Draft Order seems to be missing several points.
Check other setaside threads for other Draft Orders.
Usually they have five or six numbered points.

Point 1 of your Draft Order is fine.

Point 2 of your Draft Order isn't an order you are asking the court to make, is it?

Point 3 of your Draft Order isn't an order you are asking the court to make, is it?

Hi Keith, I appreciate your patience in helping me, I truly appreciate it, 

for this particular ccj I do not have 6 points to put in my draft order as it is an agreed set aside and already paid for, (big mistake paying excel) but I have done in February 2022. They wrote the letter saying the ccj should be set aside. 

I have paid £108 to the court requesting to set aside. So ultimately I hope the court will remove this ccj from my credit file. 

Now what are your thoughts? Will it go against me if I only use Point 1 of my draft order as I have no other points to add?

On my other ccj from excel (the identical ccj to this) I will complete my N244 form and use the 6 point draft order and hope to claim the costs back for my time and money.  

IloveElephants

IloveElephants said:

KeithP said:

well since you ask...

Your Draft Order seems to be missing several points.
Check other setaside threads for other Draft Orders.
Usually they have five or six numbered points.

Point 1 of your Draft Order is fine.

Point 2 of your Draft Order isn't an order you are asking the court to make, is it?

Point 3 of your Draft Order isn't an order you are asking the court to make, is it?

Hi Keith, I appreciate your patience in helping me, I truly appreciate it, 

for this particular ccj I do not have 6 points to put in my draft order as it is an agreed set aside and already paid for, (big mistake paying excel) but I have done in February 2022. They wrote the letter saying the ccj should be set aside. 

I have paid £108 to the court requesting to set aside. So ultimately I hope the court will remove this ccj from my credit file. 

Now what are your thoughts? Will it go against me if I only use Point 1 of my draft order as I have no other points to add?

On my other ccj from excel (the identical ccj to this) I will complete my N244 form and use the 6 point draft order and hope to claim the costs back for my time and money.  

Hi, If someone could confirm if having 1 point in my draft for this particular case is enough as the claimant has already wrote a letter to the court which I will attach to send to the court saying it should be set aside, I cannot think of 5 points to add as I had already paid the claimant.