CCJ from Old Address - Seeking Advice on Draft Order and WS

Troublesum1

Hello All,

Would like to apologise in advance if I have am not following due process here, I have tried my best to follow the Newbie thread and do all the pre research I could do.
To be very frank about this situation:

• I was living in a flat with ground floor car parking which was controlled by the flat owners
• I purchased a parking permit from the owners in 2019
• There was a change in flat management in 2021 which confused the permit situation and parking restriction enforcement was essentially frozen
• I arranged to move house on the date 30/06/2021
• A month before the flat owners changed the permit rules which meant I had to order a new permit if I wanted my vehicle covered
  
• I decided to chance it for a month as I was moving
• I got 2 tickets dated 01/06/22 & 04/06/22
• I remember getting tickets but I don't remember whether they were windshield or ANPR tickets
• I ignored the tickets and moved home
  

The claimant is: UK CAR PARK MANAGEMENT LIMITED and their solicitor is: GLADSTONES SOLICITORS LIMITED

So I definitely understand I am not innocent here but had I known there was any chance of this going to court I would have definitely paid the tickets. I truly did move 30/06/21 and of course received no correspondence at my new address. I did not change my logbook address but did start paying council tax and bills at my new address immediately as well as changing the address on my bank statements and car insurance. The claimant has also included £70 as "CONTRACTUAL COSTS PURSUANT TO THE CONTRACT." So from what I've read on the forum I think I do have a case for a mandatory set aside, I have compiled the following:

WITNESS STATEMENT

I am XXXXX and I am the defendant in this matter. This is my supporting statement to my application dated 17 December 2022 requesting to:

a. Set aside the Default Judgement dated 14th November 2022 should be set aside under CPR 13.2 (a) as it was not properly served at my current address and order for the Claimant to pay the Defendant £275 as reimbursement for the set aside fee;

CPR 13.2 states

13.2 The court must set aside a judgment entered under Part 12 if judgment was wrongly entered because–

(a) in the case of a judgment in default of an acknowledgment of service, any of the conditions in rule 12.3(1) and 12.3(3) was not satisfied


CPR 12.3(1) states

12.3

(1) The claimant may obtain judgment in default of an acknowledgment of service only if –

(a) the defendant has not filed an acknowledgment of service or a defence to the claim (or any part of the claim); and

(b) the relevant time for doing so has expired.

The relevant CPR for acknowledgment of service is cpr 10.3 which states

10.3

(1) The general rule is that the period for filing an acknowledgment of service is –

(a) where the defendant is served with a claim form which states that particulars of claim are to follow, 14 days after service of the particulars of claim


CPR 6 deals with service.

As I did not give an address to the claimant at which i could be served, primarily because I was not asked, CPR 6.9 applies.

CPR 6.9 stipulates that an "Individual" should be served at their "Usual or last known residence."

The claimant, having not obtained an address directly from myself, and having obtained an address from a 3rd party quite some time ago and received no response, did not have the requisite knowledge nor perform the requisite "reasonable diligence" required to find my correct address in order to serve the claim form.

b. Order for the original claim to be dismissed.

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 14 November 2022. I am aware that the Claimant is UK Car Park Management Ltd, and that the assumed claim is in respect of unpaid Parking Charge Notices from the 1st and 4th June 2021 at my then residence OLD ADDRESS. I contest this charge for the reasons outlined in Part 2 of this defence.

1.3.  The claim form was not served at my current address and I thus was not aware of the Default Judgement until 17th December 2022 following a report from a routine credit check

The address on the claim is OLD ADDRESS. I moved to my current address at NEW ADDRESS on the 30th June 2022. In support of this I can provide a copy of my tenancy agreement, alongside a council tax and utility bill

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 17th December 2022.

1.4.2.     On 19th December 2022 I contacted the County Court Business Centre to obtain relevant information relating to this default judgement

1.4.3.     On 20 December 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 they held the Defendant’s correct contact details at the time of the claim.

1.6.  On that basis, I believe the Claimant has not adhered to CPR 6.9 (3) 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 the address of my current residence despite having 17 months to establish an address. This has led to a defective service and an irregular judgement.

1.7.  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.

ORDER DISMISSING THE CLAIM

2.     Order dismissing the Claim

2.1.  I further believe that the original Claim by the Claimant has no merit and should thus be dismissed. I understand the Claimant to be a Private Parking Company that issues “Parking Charge Notices” which the Claimant believes are due as a result of an alleged breach of contract for parking by a motorist.

2.2.  I had an active parking permit, registered with the flat management at the time of the alleged offence and given the opportunity I would have appealed the ticket on this basis

2.3.  The Claimant, or their legal representatives, has added an additional sum of £70 to the original £100 parking charge, for which no explanation or justification has been provided. Schedule 4 of the Protection Of Freedoms Act, at 4(5), states that the maximum sum which can be recovered is that specified in the Notice to Keeper, which is £100 in this instance. It is submitted that this is an attempt at double recovery by the Claimant, which the Court should not uphold, even in the event that Judgment for Claimant is awarded.

2.4.  For all or any of the reasons stated above, I ask the court of its own volition to strike out this claim and to order the Claimant to refund the Defendant's costs for attending, namely the £275 Court fee in bringing this set aside case, despite not being shown to be liable for any parking charge at all.

2.5.  If required to defend at a further hearing, I will require all copies of paperwork, letters and other documentation including pictures of all signage from the Claimant in order to make informed decisions and statements in a comprehensive defence as alleged driver.

Statement of Truth:
I believe that the facts stated in this defence 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.

 

DRAFT ORDER
IN THE COUNTY COURT AT

UK Car Park Management (Claimant)
And

XXXXX (Defendant)

District Judge

UPON reading the Defendant's application dated 20th December 2022 and the annexed witness statement of XXXXX dated 20th December 2022 

IT IS ORDERED that:
1. The default judgment dated 14 November 2022 be set aside.
2. Costs to be reserved.
3. Unless the Claimant serves a copy of the Claim Form on the Defendant by 4 pm on [date] paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £275 and the claim shall be struck out.
4. If the Claimant serves the claim form as directed in paragraph 3 the Defendant shall file and serve a defence by 4pm on [date].
5. Should the Claimant discontinue the Claim after the CCJ is set aside, paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £255 plus the Defendant's costs for attending the hearing.
6. That all enforcement be put on hold pending the outcome of the application.

Again apologies for any due process I might have failed, greatly appreciate any help you can provide. These tickets were from an area which was essentially a parking ticket trap where there was nowhere else to park other than this car park with at an extortionate fee (£50/month). 

Troublesum1

Apologies I cannot find the edit button for my opening post but I wanted to add, I am looking into sending a SAR but I have a couple of questions:

1. Would I be sending the SAR to Gladstone or UKCPM?
2. I no longer own the vehicle in question I sold it literally last month, I only have the seller part of the V5 logbook. In the template for the SAR I have found on the forum the following is written: "I have attached the V5 document to prove I am the registered keeper. " Should I replace this with something along the lines of: "I have attached a copy of part of the V5 document to prove I was the registered keeper of this vehicle" or should I remove that part in it's entirety?

I also forgot to add the only way I found out about this CCJ was via a random look at my credit score this weekend just gone (this is in my witness statement).

Many thanks again.

Le_Kirk

You won't find an edit button until you have been a member for some time and have a certain number of posts under your belt; then a little gear wheel (cog) will appear on the blue band above your post at the RHS.  Click on this and then click on edit.  The SAR goes to the PPC.  You could use something else to prove who you are (utility bill or similar - but NOT photographic such as DL or passport).

Troublesum1

Le_Kirk said:

You won't find an edit button until you have been a member for some time and have a certain number of posts under your belt; then a little gear wheel (cog) will appear on the blue band above your post at the RHS.  Click on this and then click on edit.  The SAR goes to the PPC.  You could use something else to prove who you are (utility bill or similar - but NOT photographic such as DL or passport).

Thank you very much for the clarification. So if I understand correctly all I need to do is prove I am who I am and not that I did own the vehicle?

Troublesum1

Morning all. I'm going to submit both my WS and Draft Order today. I don't want the court to say I submitted too late or something. Also with Christmas and New Years coming up I would like to get this in asap. I see people like @Coupon-mad have at least cast their eye in the direction of this thread so I hope the lack of response is due to me not having made any glaring mistakes (though I totally understand they could just be busy).

One thing I did want to confirm is whether I can still use the defence in item 2.3. I'm a little worried that because the Claimant has actually given an explanation for the additional fee that defence is void. If I understand correctly that additional fee is illegal regardless? Do I just need to amend the defence to say the explanation for the fee is insufficient? For clarity, here is the full particulars of claim:

THE DRIVER OF THE VEHICLE WITH REGISTRATION EJ20ADV (THE 'VEHICLE') PARKED IN BREACH OF THE TERMS OF PARKING STIPULATED ON THE SIGNAGE (THE 'CONTRACT') OLD ADDRESS, ON 01/06/2021, 04/06/2021, THUS INCURRING THE PARKING CHARGES (THE 'PCN'S'). THE PCN'S WERENOT PAID WITHIN 28 DAYS OF ISSUE. THE CLAIMANT CLAIMS THE UNPAID PCN'S FROM THE DEFENDANT AS THE DRIVER/KEEPER OF THE VEHICLE. DESPITE DEMANDS BEING MADE, THE DEFENDANT HAS FAILED TO SETTLE THEIR OUTSTANDING LIABILITY. THE CLAIMANT CLAIMS £100 PER PCN, £70.00 PER PCN CONTRACTUAL COSTS PURSUANT TO THE CONTRACT AND PCN TERMS AND CONDITIONS, TOGETHER WITH STATUTORY INTEREST OF £34.87 PURSUANT TO S69 OF THE COUNTY COURTS ACT 1984 AT 8.00% PER ANNUM, CONTINUING AT £0.07 PER DAY.

Any help that could be provided on both this and my above question about the SAR would be immensely helpful. Regardless I will be sending this off in the next couple of hours and I will continue to update this thread as it may be helpful to others down the line. Thanks all

Coupon-mad

It's not illegal but they have not answered sufficiently about the added fake fee. Leave that wording as it is.

Troublesum1

Coupon-mad said:

It's not illegal but they have not answered sufficiently about the added fake fee. Leave that wording as it is.

Many thanks, much appreciated

Johnersh

As a residential parking site operating on behalf of the landlord (ie. as agent), they didn't even need to do a credit check, they could have simply have obtained the reg details then asked if Troublesum1 was resident, whereupon they would have been informed s/he had moved.

This is a failure to make even the most basic checks prior to commencing proceedings. It's not unreasonable to fail to respond to correspondence if you never receive it.

Since dvla registrations take time to be updated, C is unlikely to be able to assert that D was dilatory in updating those - or even that the dvla would have done the update before they made their one and only request. 

Troublesum1

Johnersh said:

As a residential parking site operating on behalf of the landlord (ie. as agent), they didn't even need to do a credit check, they could have simply have obtained the reg details then asked if Troublesum1 was resident, whereupon they would have been informed s/he had moved.

This is a failure to make even the most basic checks prior to commencing proceedings. It's not unreasonable to fail to respond to correspondence if you never receive it.

Since dvla registrations take time to be updated, C is unlikely to be able to assert that D was dilatory in updating those - or even that the dvla would have done the update before they made their one and only request. 

Many thanks for your input! I guess this will be going into my skeleton argument for the hearing..

Troublesum1

Hello good evening and happy new year all.

Upon the sound advice below, I have made a new thread to discuss the new claim I received recently, please see here if you would like to help with that:
https://forums.moneysavingexpert.com/discussion/6415789/old-claim-form-for-unpaid-pcn-for-incident-over-3-years-ago/p1?new=1 @KeithP

Regarding the set aside judgement being discussed here, I have received a "Notice of Transfer of Proceedings" which explains the claim has been transferred to my local court, so that seems to be moving in the right direction. I am yet to submit my SAR to the PPC as I'm still confused about it but will update this thread when I have a new draft for it. Thanks all

KeithP

I would strongly suggest that you start a new thread for this second claim. Trying to progress the claims for two different parking events in the one thread is going to be challenging for most people.

I'll wait for your new thread before commenting on your Spring Parking issue.