Request to set CCJ aside UKPC

barneybetty

Hello,

I could really do with some help on how to play this . I have spent many hours since last Friday finding out I had a Default CCJ that was served at an old address on 31st Dec 21 

I have requested the CCJ to be set aside on the grounds I haven’t lived at the address it was served for 6 months prior . But I want to make sure I have the best witness statement, defence possible . Although I have spend many hours researching I haven’t came across a case like mine . After contacting Northampton county court and getting the relevant information . I have sent off a SAR to uk parking contract and received the documents back requested for . It appears the PCN was given in December 2017 and was for parking at where I was employed at the time . We did have permits but the photos provided of my car by UKPC are so blurry that it’s actually unclear and I’m almost sure you can see the permit . I don’t ever recall seeing the ticket on my car but it was 4 years ago , but regardless I should of never received the ticket as I was allowed to park in the car park .I’m sure how to play this as I can provide evidence working at the address at the date the ticket was given . I went back to my old work and the car park has now been gated off. The land was managed by UKPC previously but is no longer , is this worth including in my witness statement ?

please could somebody give me some advise and help me with what points to include in my defence and WS 

Coupon-mad

See the recent thread by @Jack5656

Has everything you need!

You don't need a defence yet.  Your WS is not about the PCN, it's about the wrong address and why the CCJ should be set aside, and the entire claim dismissed as 'dead' (not served).

Coupon-mad

Taken from another thread today:

barneybetty said:

Hello , I have my hearing coming up on 21st July . DBS legal have just sent me there witness statement and I suddenly feel all panicked again by this all. So happy you won yours , do you have your updated witness statement you used for me to glance over . You’ve been great help from the start , specially the court notes as I’m really nervous about what to expect 

This thread will help you understand what happens in court:

https://forums.moneysavingexpert.com/discussion/6348415/dilemma-pay-ccj-within-30-days-or-set-aside/p1

That person gives a full explanation of how their hearing went and how they prepared.

barneybetty

I had my second hearing yesterday , where the judge order for the CCJ to be set aside (great news) and asked for me to file my deference in next 14 days which i am currently working on , but since the hearing yesterday i have spoken to my old manager who has typed a letter confirming i was authorised to park in the work carpark where i obtained the PCN.


my questions is do i need to supply another supplementary witness statement including the letter from my manager along with my defence ?

Le_Kirk

If you are submitting a defence, I would expect that you would file (and serve) a witness statement supporting and backing up that defence against the original claim.  Your previous witness statement would have been for the set-aside.  If you put in the defence that you were authorised to park (there), you will have to provide evidence to prove it and your manager's letter does just that.

Coupon-mad

I hope the manager typed it naming you and the authorised car reg and pinpointing the exact area; ideally with an attached Google map page printed out, with a circle on it and countersigned as a 'true copy' with the date on the map?

And the statement has a statement of truth at the bottom, and their signature and date?

You need to put in your own WS and evidence bundle with the defence anyway.  You haven't yet done a WS about the PCN, nor have you attached exhibits that support the defebce, so you need all of that to be filed sbd served to the other party.

Not just a defence.

See example bundle by @aphex007

Did the Judge award your £275 court fee against the Claimant?  That or 'costs reserved' at least?

You can't accept an Order that leaves the Judge's intentions about your application costs unstated.  You must not be out of pocket as most clever (aka conniving) PPCs would now discontinue the claim and leave you to shoulder the fee if the latest Judge's typed Order fails to cover you.

Hope you asked for and got your costs (assuming you did pay a £275 fee).

barneybetty

thank you both , i will re do a witness statement to back up my defence. My managers statement doesn't included a map but i will see if she can rework what has been sent.

so this was my second hearing , my first hearing (July) I hadn't sent DCBL my supplementary witness statement. They agreed to carry on with the hearing but it then got adjourned i had to pay them costs and send the supplementary witness statement which i did as soon as the hearing had finished. They confirmed in email they had received the statement 

the second hearing yesterday , DCBL advised they still didn't have the statement. I advised the judge of when and who it was sent to and the person who confirmed receipt , the hearing continued. it was all a whirl wind and no matter how much you prepare you never know what will happen. The judge didn't say anything about the awarded costs and I only thought about this after which i am annoyed about.  i was just so happy that the ccj was going to be set aside that i forgot to bring up the costs

Am I able to claim for £275 in the next hearing @Coupon-mad

Coupon-mad

No you are not, that's the point of my post.

Ed2022

Shame you didn't nail them with costs given the ordeal.

barneybetty

Really kicking myself the more i think about not bringing the costs up, was just so relieved to have the CCJ set aside.
I have put my defence together and would be grateful if anybody has any pointers to the first 2-7 points I have put together, the rest of the defence is the template defence.

2. It is admitted that the Defendant was the registered keeper and driver of the vehicle in question liability is denied.

3. The premises on which the PCN was issued in December 2017 was a gated car park for the employees of ******** and ***** ******. ******* acquired ********, the building and carpark when the acquisition was made in *******. The defendant was an employee of ******* at the time the PCN was issued.

4.  The defendant lived in Bristol at the time the PCN was issued and would travel into the Leicester office when required to by her employer.

5. The defendant never received the PCN that was issued on 17th December 2017 or the letters sent by claimant in the following months as they were sent to defendant old address. Defendant only learned of the PCN in April 2022.

6. The defendant has still not seen any of the alleged contract referenced in the particulars. The images submitted by the claimant taken on the day the PCN was issued, show no legible reference to permits being a requirement.

7. The facts in this defence come from the Defendant's own knowledge and honest belief.  To pre-empt the usual template responses from this serial litigator: the court process is outside of the Defendant's life experience, and they cannot be criticised for adapting some pre-written wording from a reliable advice resource. The Claimant is urged not to patronise the Defendant with (ironically template) unfounded accusations of not understanding their defence

i dont know if point 4 has much relevance but my office was over 3 hours away from where i lived, so I wanted to emphasis the only reason i would of been parked there was for work. any feedback would be greatly appreciated 

barneybetty

also, another questions, is there any chance that in the court order from the hearing the judge could have ordered the claimant to pay costs or reverse them even though she didn't mention it in the hearing?