Phase 1: CCJ Removed. Phase 2: Claim Discontinued. Phase 3: Costs.

Johnersh

5 'communication'

Might I suggest some subheadings? Perhaps, "background" and "application sought by the Defendant" 

Paras 9 onwards should then touch upon the principles of service, surely?

Harvez63

Really feel I need some paid help or I'm never going to be able to get to a point of issuing the N224. I'm just useless at this 

Fruitcake

You may be inexperienced at this, but you are certainly not useless. Look how far you have come so far, and that's on top of juggling all the other things happening in your life.

You won't get better help than you are getting on this forum.

You have a good basis for a WS. You have explained what happened, but this needs to be more forceful, and as our "resident" solicitor has advised, para 9 onwards need to focus on the claimant's failure to serve the claim at all.
Quote the relevant parts of the CPR 6.8, then state which parts, and how the claimant failed to comply with them.

It needs to be short and concise.

Some suggestions

3.     During this time I , the defendant; moved house in November 2019 . I showed my own due diligence by researching myself what I had to do during this time in regards to this parking event and on-going communications with the claimant and notified the claimant of the address change on the 4th of November 2019, using the same email address previously provided to me by the claimant. I had been used in previous conversation with. 

4.     The claimant responded acknowledgement of the address change on the 6th of November. 

5.     I never received  any further commination from the claimant further more from the above date and therefore believed to my best of knowledge the claimant no longer wished to pursue me in relation to the original parking event.

6.      A random credit check was carried out by myself on 12th July 2022 where I had noticed my credit score had gone from being the best available, to being listed as poor. To further investigate I signed up for an in depth credit review and noticed the CCJ was issued against me on the 8th April 2022. It should be noted that no claim was ever served to me at the address for service the claimant had on file and had acknowledged by email on the 4th of November 2019. This was a clear breach of Court Procedure Rules (CPR) 6.8.

7.     I emailed the claimant the on the 18th July 2022, using both the original correspondence email address, and their complaint email address, requesting they set aside the CCJ against myself, whilst attaching the email of address changed acknowledgement (exhibit 01), and for them to respond within 14 days. However no response was received. 

8.     Since no response was received I have been gathering the knowledge/information required to the best of my ability to apply for the CCJ to be set aside. 

9 Insert here CPR requirements, and how the claimant breached it.

10 Insert here the cost (financial, emotional, to your reputation, to your business etcetera. It doesn't have to be a specific ammount, but you do need to show you have suffered losses (and they are not just financial losses)).

At some point you will need to include a summary costs assessment, but I am not sure at what stage you include that.

Coupon-mad

This is certainly not useless, you are almost there!  No need to pay anyone. We do this free and you will win your case; the CCJ will be set aside as the facts show you told them your new address.  They then failed to use it.

You can copy stuff from other CCJ set aside cases, e.g. the threads by:

@msx999

@GlassRoof36

You need the '4 months dead' argument as seen in their threads. Have you got it? That argument KILLS the claim.

Have you got the case transcripts of Boxwood, M&S, Croke and Piepenbrock as found in the thread by @Jack5656

Harvez63

Hello all, again firstly thank you for your continued help and support 

Is the below closer to the mark? Coupon-mad said:

You need the '4 months dead' argument as seen in their threads. Have you got it? That argument KILLS the claim.

Where do I add this? 

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

WITNESS STATEMENT

1. I am xxx and I am the defendant whom this claim is made. The facts below are true to the best of my belief and my account has been prepared based upon my own knowledge. 

 

Sequence of events

            Background

1.     I received a parking charge notice (PCN) from Premier Park LTD for an parking event which occurred on 28thDecember 2017.  

2.     The PCN was appealed against with the claimant with communication back and forth via email between the defendant and claimant. 

3.     During this time I moved house in November 2019 and notified the claimant of the address change on the 4th of November 2019, using the same email address previously provided to me by the claimant. 

4.     The claimant responded acknowledgement of the address change on the 6th of November. 

5.     I never received any further communication from the claimant from the above date and therefore believed  the claimant no longer wished to pursue me in relation to the original parking event.

Application sought by the Defendant

6.      A random credit check was carried out by myself on 12th July 2022 where I had noticed my credit score had gone from being the best available, to being listed as poor. To further investigate I signed up for an in depth credit review and noticed the CCJ was issued against me on the 8th April 2022. It should be noted that no claim was ever served to me at the address for service the claimant had on file and had acknowledged by email on the 4th November 2019. This was a clear breach of Court Procedure Rules (CPR) 6.8.

7.     I emailed the claimant the on the 18th July 2022 (exhibit 02), using both the original correspondence email address, and their complaint email address, requesting they set aside the CCJ against myself, whilst attaching the email of address changed acknowledgement (exhibit 01), and for them to respond within 14 days. However no response was received. 

8.     Since no response was received I have been gathering the knowledge/information required to the best of my ability to apply for the CCJ to be set aside. 

9.     I believe the Claimant has not adhered to Civil Procedural Rules (CPR) 6.8 (a) 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 and use the address of my current residence. This has led to the claim being incorrectly served to an old address and an irregular judgment.

10.  As a direct result from this CCJ brought against me, it has caused an unbearable amount stress emotionally and financially. Hours have been spent trying to gather the information to respond to this issue brought upon me by someone else’s with little thought in the consequences, or following proper procedures.  All this comes during a busy period of house renovations and whilst trying to keep our company afloat during the upcoming recession by working 10 hour days, 6 days a week. As a result of this CCJ it has the potential to take away any vital financial life lines we may need to take in the form of credit, both for our home, our income and our business.   

Coupon-mad

Add it in the same place that the others recent CCJ set aside posters have, which is why I gave you links. This forum is all about copying one someone has already written.

Harvez63

I feel like I copied someones originally then it got ripped apart mate, but I will look again. 

I'm struggling to juggle any spare time at the moment but I'll have another look 

Harvez63

@Coupon-mad I think I just figured out where I'm getting confused. So I have read the threads before and I even made mention to them in my default judgment bit

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 Judgment against me as the Defendant on 8th April 2022.  I am aware that the Claimant is Premier Park LTD, and that the assumed claim is in respect of an unpaid Parking Charge Notice from 28th December 2017.

1.3. The claim form was not served at my current address and thus I was not aware of the Default Judgment until 12th of July 2022 following a check of my credit report.

1.4. The address on the claim is xxx. I moved from this address to my current address of xxx on 5th November 2019. The house where this charge was applied was owned by me (the defendant) up till 5th November 2019.

1.5 I notified the claimant of my change of address on 4th November 2019 via email, to which they responded acknowledgment of the address change on 6th November 2019. See exhibit 01. 

1.6. Notwithstanding the fact that the claimant has legal representation, the claimant has failed to comply with the essential requirements of the civil procedure rules for commencing a claim, such that I have had (a) no notice of the claim (b) no opportunity to respond to it and (c) now face significant prejudice as an individual and small business owner as a result of a default judgment, to which I believe they have never been entitled. 

1.7.1 On that basis, I believe the Claimant has not adhered to Civil Procedural Rules (CPR) 6.8 (a) 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 and use the address of my current residence. This has led to the claim being incorrectly served to an old address and an irregular judgment.

1.7.2 Under CPR 13.2 The court must set aside a judgment entered under part 12 if judgment was wrongly entered.  Given that CPR 6.8 (a) 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. it was never served) 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 address for service for this Defendant, which is (current address)

1.9 Considering the above 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.

 

 

 

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

WITNESS STATEMENT

1. I am xxx and I am the defendant whom this claim is made. The facts below are true to the best of my belief and my account has been prepared based upon my own knowledge. 

 

Sequence of events

            Background

1.     I received a parking charge notice (PCN) from Premier Park LTD for an parking event which occurred on 28thDecember 2017.  

2.     The PCN was appealed against with the claimant with communication back and forth via email between the defendant and claimant. 

3.     During this time I moved house in November 2019 and notified the claimant of the address change on the 4th of November 2019, using the same email address previously provided to me by the claimant. 

4.     The claimant responded acknowledgement of the address change on the 6th of November. 

5.     I never received any further communication from the claimant from the above date and therefore believed  the claimant no longer wished to pursue me in relation to the original parking event.

Application sought by the Defendant

6.      A random credit check was carried out by myself on 12th July 2022 where I had noticed my credit score had gone from being the best available, to being listed as poor. To further investigate I signed up for an in depth credit review and noticed the CCJ was issued against me on the 8th April 2022. It should be noted that no claim was ever served to me at the address for service the claimant had on file and had acknowledged by email on the 4th November 2019. This was a clear breach of Court Procedure Rules (CPR) 6.8.

7.     I emailed the claimant the on the 18th July 2022 (exhibit 02), using both the original correspondence email address, and their complaint email address, requesting they set aside the CCJ against myself, whilst attaching the email of address changed acknowledgement (exhibit 01), and for them to respond within 14 days. However no response was received. 

8.     Since no response was received I have been gathering the knowledge/information required to the best of my ability to apply for the CCJ to be set aside. 

9.     I believe the Claimant has not adhered to Civil Procedural Rules (CPR) 6.8 (a) 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 and use the address of my current residence. This has led to the claim being incorrectly served to an old address and an irregular judgment.

10.  As a direct result from this CCJ brought against me, it has caused an unbearable amount stress emotionally and financially. Hours have been spent trying to gather the information to respond to this issue brought upon me by someone else’s with little thought in the consequences, or following proper procedures.  All this comes during a busy period of house renovations and whilst trying to keep our company afloat during the upcoming recession by working 10 hour days, 6 days a week. As a result of this CCJ it has the potential to take away any vital financial life lines we may need to take in the form of credit, both for our home, our income and our business.   

 

 

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.

 

 

SIGNATURE

 

…………………….. xxxxxxxxxxxxx DATE             xx/xx/xxxx

 

DRAFT ORDER

UPON reading the defendant’s application dated (date when I will send an email with n244)

It is ordered that:

1. The judgment (case number) dated 08/04/2022 be set aside.

2. The original claim struck out as the claim form having not been served within 4 months of issue. .

3. The Claimant do pay the Defendants costs of this application totalling £275 on an indemnity basis

 

Coupon-mad

The Default Judgment stuff should be in the Witness Statement. One signed document as a PDF.

Then a WORD DOC Draft order. Plus the n244.

I'm a lady, BTW!

Harvez63

Thats a good way to offend you, apologies!! 

I absolutely give up, I dont know what the hell I'm doing. I cant handle this right now I dont have the spare time to resolve this and learn about it, without annoying you kind people trying to help.