CCJ Help Please

Coupon-mad

'Wilfully'. No. Google it! Remove it.

You have been reading old stuff.

Remove this - a parking charge does not have to be related to any loss - and stop calling it a fine:

- The fine issued was disproportionate to the loss incurred by the Claimant

- 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

1505grandad

"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......"

No middle "e" in Judgment (there are several other incorrect spellings)  -  if only for consistency.

It is not an offence - use parking event

"no paperwork was ever received at my address regarding a ccj if (not) I would have acted promptly in addressing the matter as I am doing now"

Suggest (I had) instead

"The defendant has (filled) ....."  -  should that be (filed)?

Emma1516

Coupon-mad said:

'Wilfully'. No. Google it! Remove it.

You have been reading old stuff.

Remove this - a parking charge does not have to be related to any loss - and stop calling it a fine:

- The fine issued was disproportionate to the loss incurred by the Claimant

- 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

Will do thank you @coupon@Coupon-mad

Emma1516

Thank you @1505grandad much appreciated, other than that does it sound ok to you ? 

Le_Kirk

1.2. I understand that the Claimant obtained a Default Judgement against me as the Defendant on 7th April 2022. I am aware that the Claimant is Highview Parking Ltd., and that the assumed claim is in respect of unpaid Parking Charge Notice from the August 2022, I contest this charge for the reasons below which will form my draft defence.

Can that date be right?

Emma1516

Le_Kirk said:

1.2. I understand that the Claimant obtained a Default Judgement against me as the Defendant on 7th April 2022. I am aware that the Claimant is Highview Parking Ltd., and that the assumed claim is in respect of unpaid Parking Charge Notice from the August 2022, I contest this charge for the reasons below which will form my draft defence.

Can that date be right?

Thanks for noticing that no it should say 2016

Emma1516

WITNESS STATEMENT

I am …..and I am the defendant in this matter. This is my supporting statement to my application dated 30th June 2022 requesting to:

a. Set aside the default judgment dated 7th April 2022 as I received no correspondence and was unable to defend myself.

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 parking event.

1.2. I understand that the Claimant obtained a Default Judgment against me as the Defendant on 7th April 2022. I am aware that the Claimant is Highview Parking Ltd, and that the assumed claim is in respect of an unpaid Parking Charge Notice from August 2016, I contest this charge for the reasons below which will form my draft defence.:

- no paperwork was ever received at my address regarding a ccj, if I had received it I would have acted promptly in addressing the matter as I am doing now

1.3 CPR 13.3 provides for a set aside that may be allowed if there is 'good reason'. I never received a claim form and was therefore not aware of the default judgment until 27th June 2022 whilst applying for a new mortgage only to discover I had bad credit according to the mortgage company search.

1.3.1 I then joined Equifax in order to obtain my full credit report this is when I discovered the CCJ on my file 

1.3.2 I called the Northampton County Court Business Centre on the 29th of June 2022 to find out the particulars who confirmed it was filed by DCBL legal, I then immediately contacted DCBL Legal who told me it was relating to a pcn from august 2016

1.3.3 I now remember this event and the initial letter I received about this at that time, I had called and explained the reason it had taken us a little longer to return to the car that day was due to the fact my mum had ulcerated legs and so it took her a lot longer to walk anywhere, she also had arthritic knees and was obese. I never to this day heard anything else so had the honest belief that it was cancelled.  Nothing further was heard until the shock of me discovering the CCJ in June 2022.  I logged into Equifax to find out what was going on and it says I have a CCJ issued on 7th April 2022.

The claimant knew about this because Ihad called in 2016 to explain the situation and so they were no longer entitled to pursue the PCN and it should have been cancelled immediately to end the indirect discrimination. I believe the parking charge notice  to be unlawful because under The Equality Act 2010 Disabled persons with protected characteristics cannot be held to arbitrary time limits applied to able bodied persons if it causes detriment (which this did, and the Claimant knew back in 2016).

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 27th June 2022.

1.4.2 On 29th June I contacted the County Court Business Centre to obtain relevant information relating to this default judgment

1.4.3 On the 1st July 2022 I filed a complaint with Royal Mail 

1.4.4On 5th July 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 the Defendant had received details of the claim.

1.6. 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.

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 

Emma1516

@Coupon-mad I have been through everything again and done lots more reading, do you think the above is acceptable please, also I can’t find any cases I can quote so do you think it’s ok to leave that part out ?

thanks again for your help

Coupon-mad

It's looking better but you haven't got rid of that terrible word everyone keeps blindly copying, that I pointed out for you to Google already!

And the paragraph that starts 'The claimant knew about this because..' needs a number. In fact re-number it all with normal 1. 2. 3 numbering. Far easier to refer to at your hearing.

KeithP

Paragraph 1.4.2 is essentially a repeat of the first sentence of para 1.3.2.