Help please - CCJ & Debt Recovery – from unknown Parking fine

Jack5656

OK thank you.I am trying to file the N244 urgently but a bit overhelmed by how much there is to learn and submit.

In addition to the N244 I will be attaching a Witness Statement, Draft Order and working on a draft defence which I can refer to on the Witness statement? Do I also need to sendevidence of my address change with the N244 or is that sent later?

WITNESS STATEMENT

I am xxxxxx and I am the defendant in this matter. This is my supporting statement to my application dated xx April 2022 requesting to:

a. Set aside the default judgment dated xxxxx 2018 as it was not properly served at my current address.

b. Order for the original claim to be dismissed.

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

DEFAULT JUDGMENT

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

1.2. I understand that the Claimant obtained a Default Judgement against me as the Defendant on xxxxxx 2018. I am aware that the Claimant is xxxxxxxx, and that the assumed claim is in respect of unpaid Parking Charge Notices from the xx xx  2018, I contest this charge for the reasons below which will form my draft defence.:

- The fine issued was disproportionate to the loss incurred by the landowner.

- the notice to keeper was flawed,

- unclear signage, the signs at the entrance to the car park did not make clear that it was managed, or required number plate entry therefore it was unclear what the contract arrangement was between the landowner and the driver.

The car park in question has attracted huge numbers of complaints about unfair fines of up to £100 for reasons such as the short time between parking the car and getting the ticket at the machine.

none of the signs posted in the car park, including at the payment machines, warn users of the regime which charges them from the moment they arrive.

the new camera system was installed in 2017 and required customers to input their vehicle registration, but if they are not put in correctly the system will not pick up that a ticket has been purchased.

I was never given the chance to appeal this charge and it is now unreasonable to expect me to recall who was driving and retain the ticket that was purchased at the time.

1.3. The claim form was not served to a previous address and I thus was not aware of the Default Judgement until xx April 2022 following a notification of an Notice of Debt Recovery from xxxx; Schedule (X)

The address on the claim is xxxx 2018. I moved to my new address on xxxx  2017 and moved again to current address on xxx  2018. In support of this I can provide a scanned copy of my tenancy agreement, alongside a council tax and utility bill; Schedule (X)

1.4. 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;

1.4.1 I discovered a CCJ was lodged onto my credit file on the xx April 2022.

1.4.2 On xx April I contacted the County Court Business Centre to obtain relevant information relating to this default judgement; Schedule (X).

1.4.3 On xx April 2022 I have wilfully submitted my case in order to set-aside this judgement and fairly present my case.

1.5. 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.

1.6. 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 despite having some 10 months to establish an address. This has led to the claim being incorrectly served to an old address and an irregular judgement.

1.7. 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, former 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.

1.8. Considering the above I was unable to defend this claim. I believe that the Default Judgement 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.

Then I have this DRAFT ORDER:

IT IS ORDERED that:

1. The default judgment dated xxxxx 2018 be set aside.

2. The Claimant to pay the Defendant’s costs of this application to the sum of £275

3. Unless the Claimant serves a copy of the Claim Form on the Defendant by 4 pm on 22 April 2022 paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £275 and the claim shall be struck out.

4. If the Claimant serves the claim form as directed in paragraph 3 the Defendant shall file and serve a defence by 4pm on 30 May 2022.

5. Should the Claimant discontinue the Claim after the CCJ is set aside, paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £275 plus the Defendant's costs for attending the hearing in any event.

6. That all enforcement be put on hold pending the outcome of the application.

I wasn't sure about dates at para 3 and 4?

Some feedback to critique the above is very welcome before I submit this please.

Is this emailed or posted to the court?

Coupon-mad

Not 'wilfully'.  Google it!

Not this:

 The fine issued was disproportionate to the loss incurred by the landowner.

That is not a defence. Disappeared in 2015.

You don't appear to have found the Boxwood 4 months dead CCJ threads to copy from.  Search the forum tomorrow.

Le_Kirk

If you find the threads that @Coupon-mad pointed you at, you won't need any dates for the future but if you decide to ignore the "4 months dead" just leave the dates blank for the judge to fill in.

Jack5656

Le_Kirk said:

If you find the threads that @Coupon-mad pointed you at, you won't need any dates for the future but if you decide to ignore the "4 months dead" just leave the dates blank for the judge to fill in.

Thank you Le Kirk - I appreciate all this help and advice greatly!

I have looked but will try again to find the right Boxwood thread. 

Can I also ask - do I email or post the N244 to Northampton CCBC please?

Jack5656

For the N244 part 3 there is a word limit - is entry ok:

"This is a mandatory set aside situation pursuant to CPR 13.2 but the Defendant has also acted promptly and has good prospects of defending any claim from this Claimant. Therefore, CPR 13.3 also applies, to further support the application to set aside the CCJ."

Jack5656

...or I can have part 3 of N244 read as:

This is a mandatory set aside situation pursuant to CPR 13.2 but the Defendant has also acted promptly and has good prospects of defending any claim from this Claimant who, the Defendant has ascertained, is a serial litigator of badly prepared parking cases with little evidence. Therefore, CPR 13.3 also applies.

With the word limit I can't get all the rest in that reads... to further support the application to set aside the CCJ.

Le_Kirk

Jack5656 said:

Le_Kirk said:

If you find the threads that @Coupon-mad pointed you at, you won't need any dates for the future but if you decide to ignore the "4 months dead" just leave the dates blank for the judge to fill in.

Thank you Le Kirk - I appreciate all this help and advice greatly!

I have looked but will try again to find the right Boxwood thread. 

Can I also ask - do I email or post the N244 to Northampton CCBC please?

I think this will be handy for you: -
https://www.lpc-law.co.uk/news/case-summary-of-boxwood-v-gleeson/

Also you should be able to (and it is more speedy) to e-mail your N244 plus witness statement and Draft Order.

Le_Kirk

Jack5656 said:

For the N244 part 3 there is a word limit - is entry ok:

"This is a mandatory set aside situation pursuant to CPR 13.2 but the Defendant has also acted promptly and has good prospects of defending any claim from this Claimant. Therefore, CPR 13.3 also applies, to further support the application to set aside the CCJ."

Jack5656 said:

...or I can have part 3 of N244 read as:

This is a mandatory set aside situation pursuant to CPR 13.2 but the Defendant has also acted promptly and has good prospects of defending any claim from this Claimant who, the Defendant has ascertained, is a serial litigator of badly prepared parking cases with little evidence. Therefore, CPR 13.3 also applies.

With the word limit I can't get all the rest in that reads... to further support the application to set aside the CCJ.

Is it not appropriate (and I think the form states) to continue on a separate sheet of paper?

Jack5656

Thanks Le Kirk.

Sorry for all the questions but I want to get this correct and email the N244 tomorrow.

Questions on completing N244:

1) Is an electironic signature ok or must I print sign and scan the N244 to show a wet signature?

2) Is it a problem to tick both 'the attached witness statement' and  'the evidence set out below' at section 10?

I could add evidence in section 10 box to summarise the issue (that letters from CEL all sent to old address) and to say 'see letters attached proving my addrerss had changed' or will that confuse the issue?

Coupon-mad

Electronic signature is OK, and just put in s10  both 'the attached witness statement' and  'the evidence set out below'.

Searching the forum is easy when you know to filter to 'newest' 'discussions' on THIS parking board only (and minimise your keywords).