CCJ Help Please

Emma1516

@Coupon-mad ahh yes I’ve removed it now and re numbered everything, do you think it’s ready to submit now or would I need to add anything else in you opinion, thank you again for you guidance much appreciated 

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 I was the registered keeper of the vehicle at the time of the alleged parking event.

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

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.

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

5 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

6 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.

7 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).

8 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;

9 I discovered a CCJ was lodged onto my credit file on the 27th June 2022.

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

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

12 On the 5th July 2022 I have submitted my case in order to set-aside this judgement and fairly present my case.

13 I believe the Claimant has behaved unreasonably in pursuing a claim against me without ensuring the Defendant had received details of the claim.

14 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 truth

KeithP

Once more...

Paragraph 10 is essentially a repeat of the first sentence of para 5.

Coupon-mad

I would change this:

13 I believe the Claimant has behaved unreasonably in pursuing a claim against me without ensuring the Defendant had received details of the claim.

to this, and add the below as 14:

13 I believe the Claimant has behaved unreasonably in pursuing a claim against me when they knew from my contact in 2016 that the car was transporting a passenger with a disability. To pursue an alleged 'overstay' at a shopping centre car park, against the carer of a passenger with protected characteristics who needed more time, is discrimination and this is an offence by the Claimant. The Defendant relies upon the principle that no one should profit from their own unlawful conduct, in this case in failing to identify disabled visitors and to offer them a mechanism to exempt their vehicle from the arbitrary fixed time limit that applies to able-bodied shoppers.

14.  The Defendant had every right to think this old PCN was long since cancelled because statute law overrides any unfair contractual terms that cause detriment to disabled persons and their carers. This is a claim that should never have reached this stage and should undoubtably be dealt with properly at a hearing, and dismissed by the court or discontinued by the Claimant.

--------------------------

Re the disability point, provide links to:
 

(a) the BPA Code of Practice from 2016. Look it up. I think it said that tickets must not be issued to cars displaying a Blue Badge (did mum have one?).

(b) this BBC article dated 2010:
http://news.bbc.co.uk/1/hi/uk/8488737.stm

(c) The Equality Act 2010 section about indirect discrimination

(d) the EHRC Statutory Equality Act 2010 Code of Practice for Service Providers, and specifically the 'illegal arbitrary time limit' example about TOURS (search the EHRC doc).

And attach a copy of Mum's Blue Badge or PIP letter, or whatever you have as evidence.

1505grandad

Still a couple of Judgments with the erroneous middle "e".

Emma1516

Thanks so much @Coupon-mad my mum doesn’t have a blue badge or anything, these are health issues she suffered with and still does, is it still ok to attach the information

Coupon-mad

Of course, but surely there is some evidence of her conditions? It would help your case because otherwise it's hearsay. They will say there is no evidence she was disabled, let alone in the car.

She is disabled, by the way, with those chronic conditions. She meets the definition of disability in the Equality Act 2010 but you have to prove something about it.  She must have something? Consultant's letter? Hospital appointment letters over the years?

Emma1516

Oh yes I can get evidence of her ulcer clinic appointments and dressings appointment with the nurse, I just meant she wasn’t actually registered disabled but thanks ever so much for explaining that part to me I really appreciate your help

Coupon-mad

There's no such thing as 'registered disabled'. Not for over 50 years!

Emma1516

Ahh ok, I’m completely clueless thanks again

Trainerman

Emma1516 said:

Ahh ok, I’m completely clueless thanks again

No, you are not. Simply follow the guidance from @Coupon-mad at 1.10 pm and use her wording from the second paragraph, along with some proof. That should do it . Do not use the phrase 'registered disabled'