County Court Judgment

63realfan

Le_Kirk said:

You have to complete a N244 form and pay the requisite fee; you cannot just ask a court. Read some set-aside threads to see how it is done.

That's what I meant, not literally set aside there and then. I meant as should I ask to have the paperwork sent!

Many thanks all

Coupon-mad

What paperwork?  You just download a N244 and the only thing you are asking to be sent is an email containing what I advised you to specifically ask for.

63realfan

Hi Coupon,

Spoke to CCBC just now. Only had to wait 20 minutes..woo!
I had the questions written down what you said. I did tend to waffle a little but a little nervous.
The guy I spoke to was very blunt and seemed very disinterested. I said I was recording the call and didn't really get much response back. The total call was 8 minutes long. I said the CCJ was dated 18th but didn't open till 22nd. 
Like I said I did waffle but started by asking if this was a common issue in January and he said

"the claim form was sent out on 9th December and said that and in December that was when there was quite a lot of the postal strikes which unfortunately does seem to appear that I didn't receive mine but 100% can't put it down to the Royal Mail strikes but that may be a strong possibility why you didn't receive the claim form"

I then went on to waffle for another a few minutes that a lot of other people have had that same issue, so why when they knew the strikes were planned that they sent something quite serious out not as registered post to confirm that we had received the paperwork. I exaggerated that I've not received anything and been unaware whether that's still with Royal Mail or hasn't been sent at all. 

He replied "
They are all automatically sent as soon as we receive them so it does look like it was lost through the Royal Mail because unfortunately the courts aren't taking into consideration the postal strikes - all their doing is allowing 5 days for postage from the date it is sent then 14 days to respond from then."

I then said surely that's something the managers should be looking at with the strikes and not receiving the letters and this is quite a big thing. Reassured him I wasn't having ago at him. 

He said "It isn't actually up the managers, it's down to the whole magistrates court who put in the processing enforcements"

(bit shocked it said magistrates!)

I then said about the 2018/2019 strikes and about those and said that I don't know this situation and never been through this and if he was aware of this. He actually didn't go into anything to do with this as I waffled on a bit on this question. I then rambled on a bit and concluded with "do you think it was down to the postal error" and he said "Most likely as it's only been across where the royal mail postal strikes have been happening and people haven't been receiving their claim forms'" and I said I don't know understand why it's not been looked into further and interested why this hasn't been followed up not by this chap but the courts in general and all the ones they've sent out to go back and check to see if this has affected them. He just said "yep". I then asked for the particulars claim and that these will be sent out to me and he said "yep, the application..I mean particulars should be with you in 5-10 minutes"..and I was like erm, "do you want my email address?" and he said "yeah erm I'll take that".

It's been 25 minutes and I've still not received the particulars of the claim, have a funny feeling I'm going to have to chase for it! I'll let you know when received. 

Many thanks

Coupon-mad

A good recording.  Useful proof that you've told the CCBC very promptly that you didn't receive the claim and they admitted there is a problem with some December claims yet they've done nothing about it.

Ring again for the POC by email.  Then copy what Sasanova did.

63realfan

Hey Coupon, called again today. Had a lady answer who was polite and helpful. She almost said that it may be easier for me to just pay the £305 and have the judgment resolved and cancelled off my credit record. Apparently it's only if its not paid within 30 days and outside that time that it shows as ''satisfied''. Don't get me wrong, the whole court process does scare me slightly! but don't want to pay that snakey parking eye!

This is the particulars I received with some parts crossed out for obvious reasons -

Claim No: XXXXX

 

Claimant: PARKINGEYE LTD

 

Claimant solicitor: DCB LEGAL LTD

Telephone: 0203 434 0433 

Reference: XXXXXX

 

Judgment amount: £ 305.28

 

Particulars of claim:

 

 

THE DEFENDANT(D) IS INDEBTED TO THE CLAIMANT (C) FOR A PARKING CHARGE(S) ISSUED TO VEHICLE XXXXX AT THE XXXXXX, XXXXXXX

 

 2. THE PCN DETAILS ARE

XXXXXXXX

 

3.THE PCN(S) WAS ISSUED ON PRIVATE LAND OWNED OR MANAGED BY C. THE VEHICLE WAS PARKED IN BREACH OF THE TERMS ON CS SIGNS (THE CONTRACT), THUS INCURRING THE PCN(S).

 

4. THE DRIVER AGREED TO PAY WITHIN 28 DAYS BUT DID NOT. D IS LIABLE AS THE DRIVER OR KEEPER. 

 

DESPITE REQUESTS, THE PCN(S) IS OUTSTANDING. THE CONTRACT ENTITLES C TO DAMAGES. AND THE CLAIMANT CLAIMS 

1. £170 BEING THE TOTAL OF THE PCN(S) AND DAMAGES. 

2. INTEREST AT A RATE OF 8% PER ANNUM PURSUANT TO S.69 OF THE COUNTY COURTS ACT 1984 FROM THE DATE HEREOF AT A DAILY RATE OF £0.03 UNTIL JUDGMENT OR SOONER PAYMENT. 3.COSTS AND COURT FEES

What shocked me most is it says ''The driver agreed to pay within 28 days but did not'' - erm I didn't or was that because I entered the car park and ''agreed to their terms''. I'm 100% sure it was just dark and I didn't see the signs. I overstayed by 7 minutes I think!!

KeithP

Lukeapple63 said:

What shocked me most is it says ''The driver agreed to pay within 28 days but did not'' - erm I didn't or was that because I entered the car park and ''agreed to their terms''. I'm 100% sure it was just dark and I didn't see the signs. I overstayed by 7 minutes I think!!

That's always there.

The allegation is that by parking the driver agreed to the terms of the contract.

Those contract terms are the terms on the signs.

Almost certainly there is a term on the signs stating something like "if the driver doesn't park in accordance with the rules then he agrees to pay £nn within 28 days...".

Coupon-mad

Please don't be shocked by the most 'nothing to see here' normal point in the entire Particulars.  If we had a quid for every time people mentioned it...!

63realfan

KeithP said:

Lukeapple63 said:

What shocked me most is it says ''The driver agreed to pay within 28 days but did not'' - erm I didn't or was that because I entered the car park and ''agreed to their terms''. I'm 100% sure it was just dark and I didn't see the signs. I overstayed by 7 minutes I think!!

That's always there.

The allegation is that by parking the driver agreed to the terms of the contract.

Those contract terms are the terms on the signs.

Almost certainly there is a term on the signs stating something like "if the driver doesn't park in accordance with the rules then he agrees to pay £nn within 28 days...".

I thought that was the case. Excellent. Thank you

63realfan

Coupon-mad said:

Please don't be shocked by the most 'nothing to see here' normal point in the entire Particulars.  If we had a quid for every time people mentioned it...!

I thought so! 

Moving forward -

Prepared n244 to be sent, pay £275 fee and start my WS?

63realfan

@Coupon-mad

Good morning - just like to say a massive thanks for your help so far. It's appreciated more than you know!

I've prepped my WS this morning. Is there anything I need to change around? Massive thanks in advance.

I will start working on the Draft Order. 

Witness Statement 

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

1.       Set aside the default judgement dated........,as it was not properly served at my current address. 

2.       Order for original claim to be dismissed.  **IS THIS THE POC OR PCN?**

3.       Order for the claimant to pay the defendant £275 as reimbursement for the set aside fee, in addition £95 for time in preparation (5 hours as a litigant in person at a rate of £19 per hour) costs having to take time off work to attend court. 

a.                   I understand that the claimant obtained a default judgment against me as the Defendant on.....

I am aware that the claimant is DCBLegal, and that the assumed claims in respect of an unpaid PCN

1.       The claim form was not served at my current address and I thus was not aware of the Default judgment up until the arrival of the letter of judgment from the County Court Business Centre on the 22/01/2023

2.       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,  I discovered a CCJ was lodged against my name on the 22/01/2023 tarnishing my impeccable credit history. 

3.       I made contact with the CCBC on 02/02/2023 (which was recorded) acting promptly by raising my concern in relation to the Default judgment only to be told by the court administrator that the claim may not have reached me as a result of the Postal Strike that occurred in December 2022 and stated that there has been others affected by this.

4.       I asked for a copy of the POC on the same call on 02/02/2023 of which I did not receive.

5.       I contacted CCBC again on Monday 03/02/2023 (was not recorded) to obtain more information asking for the POC to be emailed to me again of which I received promptly this time.

6.       In addition I refer to CPR 13.3.

7.      I also refer to CPR 13.2(the court must set aside a judgment entered under part 12 if judgment was wrongly entered).

8.       I submit the CCJ should be set aside under CPR 13.2(a) as the claim form was not served. 

9.       Should the judgment be set aside. I am confident I can robustly defend the original PCN where I will request better Particulars of Claim and photographic evidence of signage, so I can make an informed decision because at the moment you have nothing to go on,yet want to defend.

10.   I am prepared to swear on oath that the claim was not served and that is still the position to date. I work for Surrey Police where I can also reference the oath I swear on as an employee to uphold honest and integrity at all times both whilst on duty and off duty.  

11.   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 of trust without an honest in its truth.