CCJ - Parking fine (DCBL)

paulr23

Umkomaas said:

If an email doesn't work, get your MP involved in rattling the court cage.  Thinking on, I'd get him/her involved immediately, without awaiting the outcome of your email. 

Would that just be a matter of emailing the local mp for southend?

Le_Kirk

paulr23 said:

Umkomaas said:

If an email doesn't work, get your MP involved in rattling the court cage.  Thinking on, I'd get him/her involved immediately, without awaiting the outcome of your email. 

Would that just be a matter of emailing the local mp for southend?

Your MP, who you can find by asking Auntie Google and will likely depend upon your post code and constituency borders.

paulr23

Le_Kirk said:

paulr23 said:

Umkomaas said:

If an email doesn't work, get your MP involved in rattling the court cage.  Thinking on, I'd get him/her involved immediately, without awaiting the outcome of your email. 

Would that just be a matter of emailing the local mp for southend?

Your MP, who you can find by asking Auntie Google and will likely depend upon your post code and constituency borders.

Oh yes don’t worry I’m aware of how to find them. Just a bit confused who I contact, my local mp, or the mp who is in charge of the constituency where the court resides as they are different, albeit right next to each other

Le_Kirk

You contact your MP and ask that, out of courtesy, they forward it to the MP of the area where the court is.

paulr23

Hi all,

so I’ve finally got a date, 3/8/22, so about 5 month wait time overall. 

I have a few questions, during the hearing, is there really anything I will have to say, any difficult questions generally I have to look out for? Perhaps as to why I didn’t pay in the first place? I was parked in visitors parking and was a student at the time so felt it was an unfair charge is my reason, not sure how excusable that sounds however. 

it is also a virtual hearing so do I have to be on video. 

And a more important question, it says on my paperwork I’ve received this morning.. 

‘by 4pm on the date at least 7 days before the above Hearing the Defendant shall file and serve a draft defence’

what does this mean exactly? I served them with the witness statement, draft order and default judgement, which they’ve sent me copies of also. 

Coupon-mad

It means they also want a draft defence not less than a week before.  As per the example CCJ set aside thread by@Jack5656, this is normal.

You know from the sticky threads which template defence to adapt. Takes half an hour max.

paulr23

I'm struggling with a draft defence, I don't really have any other excuse than not paying it other than the fact I was poor at the time and the fact the LBC was sent to a wrong address. 

Also, do I need to send anything to the claimants solicitors in relation to this hearing? I've noticed in some posts people have sent them stuff and had proof of delivery etc. If so, what do I need to send them?

Coupon-mad

I don't know what you mean. A defence is not about making excuses why you didn't pay a scam PCN!

I feel like you need to get a more robust mindset and understanding of how we win 99% of defended cases.

Simply use the Template Defence.

paulr23

Apologies I've found it, the only part I changed was 2. and 3. as discussed in your thread. The rest is all standard which I've removed from this comment as no need to include it.

I feel like adding something relating to parking in visitors parking so the claimant didnt occur any charges or something but the wording I cant really think of, if someone feels this is relevant to add I would appreciate any help

Please let me know your thoughts.

IN THE COUNTY COURT

Claim No.: 

Between

UK PARKING CONTROL LTD

(Claimant) 

- and -  

xxxxx

 (Defendant)

_________________

DEFENCE

 

1. The parking charges referred to in this claim did not arise from any agreement of terms. The charge and the claim was an unexpected shock. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.  It is denied that any conduct by the driver was a breach of any prominent term and it is denied that this Claimant (understood to have a bare licence as managers) has standing to sue or form contracts in their own name. Liability is denied, whether or not the Claimant is claiming 'keeper liability', which is unclear from the Particulars.

 

The facts as known to the Defendant:

2. It is admitted that the Defendant was the registered keeper of the vehicle in question.

3. The defendant was the driver of the vehicle in question and was parked in a residential car parking spot labelled VP (visitors parking) and it was not clear that visitors needed a permit to park. The defendant was not aware of the CCJ applied until a credit check was done in March 2022, the letters regarding the claim was sent to the an incorrect address in August 2021 which the defendant had not lived at for years, the defendants details with DVLA were correct at all times, the claimant had the correct address for the defendant but decided to do a trace against the defendant which returned an incorrect address. Given that CPR 6.9 (3) was not met, CPR 13.2 applies and the defendant believes the CCJ should be set aside

 

Statement of Truth

I believe that the facts stated in this defence 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.

Defendant’s signature: xxxx

Date:  06/07/2022

 

paulr23

I have a separate thing, I have got a hearing date before receiving a N180 form from the CCBC, I know this is because I havent submitted a defence yet, but reading other posts it seems strange that I have a hearing date prior to this. When I submit the defence I will submit the N180 form also, I have one question regarding this at the top it says 'In the' I'm not sure if I leave this blank and its for them to fill in or should I write something here?