Please review my N244 Contest set aside application from Excel Parking

IloveElephants

If this form is good to submit along with my letters received from excel parking on page 3 of this thread then I will email it today asap as I am already late. 

Forget about claiming back for the costs for this, I missed the boat now, the goal for this is to get the ccj removed from my credit file. 

IloveElephants

Coupon-mad said:

Where do you want to go from here?  If you want them set aside you have to apply and hope a Judge agrees.

You've been talking about that first CCJ for months on here and we thought you'd applied. Pretty sure we told you early on about the requirement to act promptly.

The second one is a £275 fee of course. As per the worked example by Jack5656.

I know, life has got in the way, personal circumstances, job situation etc.. financial struggle 

On the second ccj application I will claim back for this ccj aswell along with my £275. 

Coupon-mad

Your evidence must be set out with/in a WS, like in Jack's case.

And evidence of not living there. That's what the court want evidence of - the fact the claim never was served and so the CCJ should be set aside with consent.

Loads more (and not just bunging in something from the IPC CoP into a box). That means nothing to a court.  Can be explained in your WS but the evidence you need to show is about you not living there.  Also I didn't see that you have referred to the consent order that you MUST attach to explain why you are only paying the £108 'application with consent' fee.  You can't ask for your costs because the consent order killed that.

IloveElephants

Coupon-mad said:

Your evidence must be set out with/in a WS, like in Jack's case.

And evidence of not living there. That's what the court want evidence of - the fact the claim never was served and so the CCJ should be set aside with consent.

Loads more (and not just bunging in something from the IPC CoP into a box). That means nothing to a court.  Can be explained in your WS but the evidence you need to show is about you not living there.  Also I didn't see that you have referred to the consent order that you MUST attach to explain why you are only paying the £108 'application with consent' fee.  You can't ask for your costs because the consent order killed that.

I have no evidence that I was not living there, this is my point unlike Jacks case. I had no fixed abode, no address, just living at different places with friends and working in 120 miles away from the "address". This is my problem, no evidence as I had no address. 


I have used jacks template to this case.  

WITNESS STATEMENT OF DEFENDANT

1.         I am John Smith of xxxxx, and I am the Defendant against whom this claim is made. The facts are true to the best of my belief and my account has been prepared based upon my own knowledge.

2.         This is my supporting statement to my application dated 4th April 2022 requesting to:

a. Set aside the default judgment dated 8th Feuruary 2020 as it was not properly served at my current address.

b. Order for the original claim to be dismissed.

c. Attached with this witness statement is the consent order signed from the claimant stating the ccj was issued in error and should not exist.  

 

Default Judgement

3.         I was the registered keeper of the vehicle at the time of the alleged offence.

4.         I understand that the Claimant obtained a Default Judgment against me as the Defendant on x November 2018. I am aware that the Claimant is Excel parking, and that the assumed claim is in respect of an overdue parking ticket by 10 minutes in a supermarket carpark pay and display in 2016 (insert full date)

5.          The claim form was served to a previous address and I thus was not aware of the Default Judgment until x April 2022 following a notification of a Notice of Debt Recovery from DCBL.

6.         The address on the claim is xxxxxxxxxxxxxxx I moved to a new address on 03 January 2012. I had been living away from home with a no fixed address. I was working in the city away from my registered address.

7.         I never had any notification of the claim until x January 2022 but was advised in a phone call to Northampton business center on x January 2022 that their claim relates to a parking charge in 2016.

10.       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;

Sequence of Recent Events

11.       On 4 January 2022 I was declined a job in financial services after receiving the job offer in December subject to credit check.  I then checked my credit rating and found 2 ccjs from Excel parking from 2020 that had been lodged onto my credit file.

12.       10th January I contacted the County Court Business Centre to obtain relevant information relating to this default judgment.

13.       On the 10th January 2022 in Panic about my credit file and career uncertainty I made a payment of £185 to DCBL and they promised to contact Excel parking (claimant) that payment has been made and will provide a consent order agreeing to setting aside the judgement.

16.       On 5th April 2022 I submitted my case in order to set-aside this judgment and fairly present my case.

17.       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.

18.       On that basis, I believe the Claimant has not adhered to CPR 6.9 (3) where they had failed to show due diligence in using an address that the Defendant no longer resides. The Claimant did not take reasonable steps to ascertain the address of my current residence or whereabouts, a quick google search of my name at the time would have shown my contact details, place of work and email address. This has led to the claim being incorrectly served and an irregular judgment.

19.       Under CPR 13.2 The court must set aside a judgment entered under part 12 if judgment was wrongly entered.  Given that CPR 6.9 (3) was not met, CPR 13.2 applies and the CCJ should be set aside.

20.       The Defendant was 'there to be found' for the sake of a 29pence bulk Experian trace or similar very inexpensive and immediate credit reference agency address check. I would then have been notified of this judgment and could have taken action to prevent it. That a failure to carry out proper checks to establish the right address for service before filing a claim not only breaches the CPRs but also the pre-action protocol for debt claims and the British Parking Association Code of Practice.  The Claimant acted wholly unreasonably by negligently or deliberately disregarding all rules and caused the claim to be improperly served.  They failed to serve it at all.

22.       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.

23.       Furthermore, 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.

24.       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.

25.       In the alternative, CPR 13.3 applies and there are very good reasons to set aside this exaggerated claim, which includes a disproportionate and indeed, false 'debt recovery' sum.  In fact, no debt recovery occurred nor cost the Claimant any money whatsoever, in addition to £100 parking charge.  The Government has described the false fixed 'fee' of £70 as 'designed to extort money from motorists' in the new statutory Code of Practice this February, and has banned it.  The Defendant has good prospects of defending a claim, if served with one, but has seen no evidence, basis nor particulars of claim and the Claimant should be required to file afresh, if they believe they have a cause of action. 

26.       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.  (I CAN REMOVE THE BOLD PART IF IT WILL DO ME NO FAVOURS AS I ALREADY PAID?)

 

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.

signed & dated

 

 

IloveElephants

Please see the above if this is good enough, then I will email it with my n244 form this evening as the Court should have received my cheque for £108. 

Coupon-mad

You could attach proof you worked 120 miles away.  You can't say this about the first CCJ and you must attach the Consent Order:

and I ask the Court to kindly consider the reimbursement of the fee of £275 from the Claimant should this request be successful.  (I CAN REMOVE THE BOLD PART IF IT WILL DO ME NO FAVOURS AS I ALREADY PAID?)

You could also add that your point about the CCJ being unfairly inflated by false costs is supported by the fact you didn't pay those costs (only the PCN and court fees) and the Claimant is content to consent.  Thus it would be unjust to leave an inflated CCJ in place that the Defendant had no chance to defend but has saved court time by seeking consent to set it aside.

IloveElephants

Coupon-mad said:

You could attach proof you worked 120 miles away.  You can't say this about the first CCJ and you must attach the Consent Order:

and I ask the Court to kindly consider the reimbursement of the fee of £275 from the Claimant should this request be successful.  (I CAN REMOVE THE BOLD PART IF IT WILL DO ME NO FAVOURS AS I ALREADY PAID?)

You could also add that your point about the CCJ being unfairly inflated by false costs is supported by the fact you didn't pay those costs (only the PCN and court fees) and the Claimant is content to consent.  Thus it would be unjust to leave an inflated CCJ in place that the Defendant had no chance to defend but has saved court time by seeking consent to set it aside.

Yes I can attatch proof from 2012-2020 I was working 120 miles away in another big city away from my "home" town as they were no job opportunities there for me. I can go to my email inbox and pull job pay slips, employment offer emails as proof and scan and print them and send screen shots in a pdf document. I was also spending a lot of time in the libraries during those times so can show my library card as I was using the computer facilities at the library. (This will be for the second ccj which I will make a separate thread on. As for this ccj I will attatch the consent order and N244 form. 

I will add to my above witness statement: "The CCJ is being unfairly inflated by false costs is supported by the fact I didn't pay those costs (only the PCN and court fees) and the Claimant is content to consent.  Thus it would be unjust to leave an inflated CCJ in place that the Defendant had no chance to defend but has saved court time by seeking consent to set it aside." 

Coupon-mad

And where have you stated that you attach the signed consent order?  On this N244 you've ticked 'without a hearing' we assume?

The £275 fee one will need a hearing.

IloveElephants

Coupon-mad said:

And where have you stated that you attach the signed consent order?  On this N244 you've ticked 'without a hearing' we assume?

The £275 fee one will need a hearing.

For this particular ccj on this thread at the top "Wittness statement of defendant" in part C I have wrote:  Attached with this witness statement is the consent order signed from the claimant stating the ccj was issued in error and should not exist. 


On this N244 Correct I ticked without a hearing as I was told it would be straight forward or do I tick with a hearing? 

Yes I am prepared the £275 fee one will need to be ticked with a hearing on the N244 form 

IloveElephants

I have looked in my email inbox at old job offers, and employment contracts showing the dates and locations of my place of work I.E. 120 miles away so I can print out this as evidence and screen shot them on a pdf file.