DCBL , CCJ's

Coupon-mad

Ingram Crescent

Ingram Crescent Flats are known to me and @ParkingMad - we are the Brighton ladies on this forum.  The PCNs should never have been ignored (if they were) and you certainly do not pay.

Would have been a walkover to appeal to POPLA at the time, had you come here.  We deal with and beat OPS all the time.  You have local Sussex-based support and knowledge here.  I'm from West Sussex and I am the lady filmed on the beach in this documentary 'Parking, the Big Con':

https://www.channel5.com/show/parking-the-big-con

You might recognise the beach!  BTW that's not where I live...I am not that dumb as PPCs hate me for my involvement in the new Parking Code of Practice and Government regulation coming in:

https://forums.moneysavingexpert.com/discussion/6333036/breaking-news-government-has-announced-the-statutory-code-of-practice-and-enforcement-framework/p1

Ingram Crescent is all BHCC, flats and all, which means the site is under 'statutory control' and there can be no keeper liability in law unless there is evidence (or sufficient probability to satisfy a Judge that the keeper was driving every time).

Fight these.  Follow the example by Jack.

Should I do this on the grounds of, inflated charges, unsuitable signage, undue stress caused by threatening letters, wasting of courts time with seperate CCJ's and using two different legal representatives, 

None of the above, yet. You are not defending the PCNs yet, you are putting in THREE £275 N244 CCJ set aside applications this week and that is about the legal grounds to set the CCJs aside, less about the potential defence.

larris

Thanks @Coupon-mad
Question on N244 is what order are you asking for and why?
Should I just write, set aside request due liability and legal grounds of the CCJ?

Coupon-mad

An Order to:
(a) set aside the CCJ,
(b) dismiss the claim for want of service within 4 months of filing and 
(c) order that the Claimant do pay the Defendant's court fee costs of £275 (per application) in view of the unreasonable course of conduct of:

(i)  improper service;
(ii)  failure to check the last known address;
(iii)  unjustly enhancing this claim with false debt recovery 'fees' held by the Government in the new Code of Practice to be 'designed to extort money from motorists';
(iv)  unreasonably filing a factually-duplicated case of parking charges across three separate claims (authority: Henderson v Henderson (1843), and
(v)  unreasonably pursuing a registered keeper Defendant across three claims, involving dozens of intimidatory debt demands, despite the 'non-POFA' situation, in that the location is not 'relevant land' and the parking firm Claimant is well aware that 'keeper liability' cannot apply. 

larris

Thank you so much. I cannot reiterate enough how much I appreciate your help in this matter as this has caused me a lot of stress.

ii) I dont think applies as address is correct on claims. Do I still use it?
In regards to (iv) can I use this as they are actually 3 different PCNs all different dates. 

KeithP

larris said:

In regards to (iv) can I use this as they are actually 3 different PCNs all different dates. 

Yes you certainly can.

Coupon-mad

That's the whole point.  Three duplicate rationale PCNs about the same keeper, car, location and details.  CLEARLY should have been one claim, one cause of action.

larris

Hi @Coupon-mad , sorry to bother you again.


Ok, I have got all the forms with the correct dates and references. I have used the info provided in question 3.

Last few questions on N244 that I am not sure of. 
 4. Have you attached a draft of the order you are applying for?
5. How do you want to have this application dealt with? Hearing, without a hearing or at a telephone hearing?
6.how long will the hearing last?
7.
8. what level of judge does your hearing need?
9. Who should be served with this application? One Parking Solutions

10. What information will you be relying on in support of your application? Attached witness statement, statement of case, the evidence set out below.

Apologies in advance but I have no idea I have to go with this initial request. Thank you

Coupon-mad

I think this is answered in the set aside section of the NEWBIES thread?  Certainly there's a link somewhere to how to fill out the N244.

larris

@Coupon-mad

Hi there, finally in position to get the request to set aside. Please could you have a quick look over the below and let me know if this is suitable, if there are any glaring errors and if there is anything I can do better?
I have been really struggling to get this to a position where I am happy to go for this. I fully understand that the delay will need to be explained, but the stress and finacial impact of even applying for this set aside has had me losing sleep so I really hope that this witness statement makes sense, fingers crossed.

WITNESS STATEMENT

I am ******* and I am the defendant in this matter. This is my supporting statement to my application dated ******* requesting to:

a. Set aside the default judgment dated …………………… as it was not properly served at my current address. (I am not sure this is right as I did receive the notices but it appeared to be a scam, happy to delete?)

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 xxxxxxxxxxxx. I am aware that the Claimant is One Parking Solutions Ltd, and that the assumed claim is in respect of an unpaid Parking Charge Notice from the xxxxxxxxxxxxxxxxx.

1.3. I was not the driver at the time of the alleged incident.

1.4. As soon as I discovered a CCJ was lodged onto my credit file on the ******* when attempting to re-mortgage my property, I then immediately sought advice and attempted to seek information as to when and why these have been issued and my legal rights

1.4.1 On 5th April I contacted the County Court Business Centre to obtain relevant information relating to this default judgement.

1.4.2 On ………… I 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 using threatening letters, differing legal firms, excessive fees and their knowledge of law as an intimidation and bullying tactic in an attempt to benefit financially through extortion.

1.6. The claimant has behaved unreasonably by spreading out issues over several claims to ensure maximum disruption to defendant’s previously impeccable financial integrity. Separate CCJ claims spread over 3 years to ensure maximum damage financially to defendant.

1.7 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.

1.8 Given that more than 4 months has passed from issue of proceedings and service of the claim was defective (i.e. issued to the incorrect person) the Defendant submits that this particular claim is dead and the period for service cannot be extended by this application process.  The Defendant has no details of this claim, therefore, if the Claimant believes there is a cause of action then the correct procedure would be to file a claim afresh and to the right address, after furnishing the Defendant with the information required under the pre-action protocol for debt claims, issued this time to the correct person for service for this Defendant, which is xxxxxx

1.9 Considering the lack of official documentation for the site, poor signage (still to this day) and unreasonable escalation of charges 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.

2.0 There are only 4 open spaces in the care home where the car's driver works, which is run by the council. Despite having a permit to park in this location, the driver was unable to relocate the car because no other management was there to allow for the driver to leave the premises.

2.1 Paying this added sum of money will interfere with other living expenditures that I must cover in order to exist and support my family due to the increase in the cost of living, fuel, food, gas, and electricity.

2.2 My mental health has suffered hugely because of the CCJ, which is also having an impact on my family life and physical health.

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.

Hope this is enough. Hoping I can apply for the set aside before the end of the month.

Coupon-mad

There is no such PPC as the one you named. No 's'.

… as it was not properly served at my current address. (I am not sure this is right as I did receive the notices but it appeared to be a scam, happy to delete?).

On what basis are you saying the claim was improperly served then?

What do you mean, issued to the wrong person?

Why do you say you have no details of the claim, if it was sent to the right address?

1.8 Given that more than 4 months has passed from issue of proceedings and service of the claim was defective (i.e. issued to the incorrect person) the Defendant submits that this particular claim is dead and the period for service cannot be extended by this application process.  The Defendant has no details of this claim, therefore, if the Claimant believes there is a cause of action then the correct procedure would be to file a claim afresh and to the right address, after furnishing the Defendant with the information required under the pre-action protocol for debt claims, issued this time to the correct person for service for this Defendant, which is xxxxxx

You can't say it was the 'wrong person' unless you already named and gave a service address for the driver ages ago, in pre-action or appeal comms?