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set aside CCJ sent to old address vs UKCPM/gladstones

I'll keep it brief
  1. late 2018, got a private PCN for parking in a residential car park where I live even though I had a permit, because the car park changed operator and I was displaying the old permit, and hadn't replaced it with the new permit
  2. went down the appeal route, but didn't hold any hope for that as it wan't POPLA
  3. sold the car early 2019
  4. kept receiving letters from UKCPM, at some point gladstones got involved
  5. moved house summer of 2021, updated all records with my new address including V5C with DVLA
  6. got a Letter Before Claim from gladstones to my new address
  7. a couple of days ago, I did a credit check (needed by letting agents) and to my surprise found a CCJ that was issued last week
  8. I'm applying to set it aside for defective service, paid £275 to do it without consent, haven't contacted UKCPM or Gladstones
  9. I've prepared my draft order and witness statement by looking through the threads here, I'll post them in the next two messages
my questions are:
  • is the fact that they served to the old address while they sent the Letter Before Claim to the new one grounds for striking out the judgment
  • should I ask for that in the draft order
  • and do I have to contact the claimant first before submitting my application
I'm planning to submit the application later today
thanks in advance for all the invaluable advice here
«134

Comments

  • taleb
    taleb Posts: 27
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    here's my draft order:
    ================================

    DRAFT ORDER

     

    COUNTY COURT

     

    Claim No. <<claim number>>

     

    BETWEEN:

    <<claimant>> (Claimant)

    – and –

    <<defendant full name>> (Defendant)

     

     

    Upon reading the defendant’s application dated <<application date>>

    It is ordered that:

    1.     The judgment dated <<judgment date>> be set aside.

    2.     The Claimant do pay the defendant's costs and consequential costs of the application.

    3.     Unless the Claimant serves a copy of the Claim Form on the Defendant by 4pm on XXXXXX the claim will be struck out without further order.

    4.     If the Claimant serves the claim form as directed in paragraph 3 the Defendant shall file and serve a defence by 4pm XXXXXX

    5.     All enforcement be put on hold pending the outcome of the application.

  • Galloglass
    Galloglass Posts: 1,283
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    edited 27 January 2023 at 9:22AM
    You could contact Gladstones and ask them to pay for a "with consent" order to remove the CCJ as it was clearly their incompetence error. If they fail to do so or admit the error, you should be in a better place to get your costs back (and a discontinuance) 
    • All land is owned. If you are not on yours, you are on someone else's
    • When on someone else's be it a road, a pavement, a right of way or a property there are rules. Don't assume there are none.
    • "Free parking" doesn't mean free of rules. Check the rules and if you don't like them, go elsewhere
    • All land is owned. If you are not on yours, you are on someone else's and their rules apply.
    Just visiting - back in 2025
  • taleb
    taleb Posts: 27
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    WITNESS STATEMENT

    COUNTY COURT

    Claim No.<<claim no>>

     

    BETWEEN:

    <<claimant>> (Claimant)

    – and –

    <<defendant name>> (Defendant)

     

    1)     I am <<defendant name>>. I am a xxxxx  by profession and I am the DEFENDANT against 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.

    2)     This is my supporting statement to my application dated xxxxxxx requesting:

    a.     Mandatory set aside for the Default Judgment dated xxxxxx as it was defectively served using an old address, pursuant to CPR 13.2.

    b.     An order for the claimant to pay the defendant £275 as reimbursement for the set aside fee plus the cost to attend the hearing and relevant litigation in person costs.

    3)     I was the registered keeper of the vehicle at the time of the alleged offence.

    4)     I understand that the Claimant obtained a Default Judgment against me as the Defendant on xxxxx. I am aware that the Claimant is Gladstone Solicitors acting for UK Car Park Management and that the assumed claim of £346 is in respect of an unpaid Parking Charge Notice (Ref:xxxxx) at my OLD residence: xxxxxx.

    5)     Since the claim form was not served at the correct address, I was thus not aware of the Default Judgment until xxxx, following a credit check that I did while searching for a new flat to rent. As the Letting Agent requested a credit check, I used a facility provided by my bank, xxxx, to obtain a credit report, and to my surprise, it showed a court judgment issued on xxxxx.

    6)     I had moved out of my old address on xxxxx, 18 months before the Default Judgment may have been sent. All my records were promptly updated with the new address. In support of this, I have provided a scanned copies of: Polling card (see Exhibit E01), council tax (see Exhibit E02), as well as a Bank Statement (see Exhibit E03).

    7)     I received a Letter Before Claim from the claimant’s solicitors, Gladstone Solicitors, at my new address, xxxxx, on xxxx (see Exhibit E04). The letter stated that the solicitors had carried a UK Search trace to locate me.

    8)     I believe the Claimant has behaved unreasonably in pursuing a claim against me using an outdated address, when they had carried out a search and found my new address. Having sent the Letter Before Claim to my new address, I can only put the Claimant’s decision to serve the claim to the old address to negligence or malicious intent.

    9)     On that basis, I believe the Claimant has not adhered to rule CPR 6.9 (3) and CPR 6.9 (4) where they had failed to show due diligence by using an address that the Defendant no longer resided. The claimant did not use the correct address of my residence despite having sent the Letter Before Claim to that address. This has resulted in the claim being incorrectly served to an old address and an irregular Judgment. This leads to no service; they were not entitled to Judgment and the Court must set aside the claim as per CPR 13.2.

    10)  In addition to the above, it should be taken into consideration that I have acted promptly upon discovering the existence of the default judgment, gathering the necessary information and submitting the application in less than 2 days, and as such not exceeding the 14 day deadline.

    11)  According to publicly available information, my case is just one of many hundreds, if not thousands, of examples of the parking industry’s persistent failure to use correct and current addresses, resulting is an unnecessary burden on individuals, their families, and Her Majesty’s Courts and Tribunals across the country.

    12)  I have also read the consultation on Default County Court Judgments by Ministry of Justice published 21 February 2018 and it makes an insightful read. Some excerpts are: ‘the claimant must consider whether there is an alternative place or method by which the claim may be served’. And, ‘Department for Communities and Local Government (DCLG) is reforming parking practices and has already taken steps to tackle rogue private parking operators, including banning wheel clamping and towing. DCLG is fully aware of the concerns related to County Court Judgments that follow parking charges and is considering how they can deliver standardised practice across all parking companies, eliminating unfair charges and reducing the instances of claims where the consumer may be unaware of a parking charge being applied’. ‘Where the claimant is unable to ascertain the defendant’s current postal address, the claimant may apply to the Court for service at an alternative place. This may include service via an email address if the claimant and defendant have been in communication via those means and the Court agrees this is appropriate’.

    13)  I believe the Claimant’s practice is a clear example that parking companies’ conduct is no longer used as a deterrent for citizens to park insensibly, but rather a profiteering scam enabled by threats of impending legal action, leading to default Judgments by Court in 91% of the 225,000 cases (in the period July to September 2022), the majority of which were parking tickets.

    14)  Considering all of the above, I submit that the Claimant has not met the service requirements of CPR 6.9 and 7.5. respectively:

    a.     Service has not been effected at a valid address

    15)  If there was a case that the Court might not be satisfied on above grounds, I may submit that the Court should use its discretionary powers under CPR 13.3, as there is a profound prospect of defending this claim because of several reasons (draft defence can be furnished on Court’s orders).

    a.     Was in possession of valid resident parking permit (for both old and new operator)

    16)  I respectfully request the Court that the Default Judgment against me should be set aside and the claim should be dismissed in its entirety. I request the Court to kindly consider the reimbursement of the fee of £275 plus the cost to attend the hearing and relevant litigation in person costs 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.

     

    Full Name: xxxxxx

    (Defendant)

    Dated: xxxxxx

  • taleb
    taleb Posts: 27
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    You could contact Gladstones and ask them to pay for a "with consent" order to remove the CCJ as it was clearly their incompetence error. If they fail to do so or admit the error, you should be in a better place to get your costs back (and a discontinuance) 
    will try to do that this morning, but not sure how it would work out with the court as I've already paid the full £275 (but I haven't submitted an application yet)
  • taleb
    taleb Posts: 27
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    taleb said:
    You could contact Gladstones and ask them to pay for a "with consent" order to remove the CCJ as it was clearly their incompetence error. If they fail to do so or admit the error, you should be in a better place to get your costs back (and a discontinuance) 
    will try to do that this morning, but not sure how it would work out with the court as I've already paid the full £275 (but I haven't submitted an application yet)
    just called them and they're not interested, they just want me to pay
    they said because I didn't respond to their letter from the new address, they went back to the old address
  • Galloglass
    Galloglass Posts: 1,283
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    edited 27 January 2023 at 12:24PM
    taleb said:
    taleb said:
    You could contact Gladstones and ask them to pay for a "with consent" order to remove the CCJ as it was clearly their incompetence error. If they fail to do so or admit the error, you should be in a better place to get your costs back (and a discontinuance) 
    will try to do that this morning, but not sure how it would work out with the court as I've already paid the full £275 (but I haven't submitted an application yet)
    just called them and they're not interested, they just want me to pay
    they said because I didn't respond to their letter from the new address, they went back to the old address
    OK but when you do your Application make sure you let the court know that you tried to resolve the issue without a hearing but the PPC were intransigent or badly advised by Gladstones. You believe this was an imposition on the court's time, did not advance the case and you wish costs for the application and your time. (You must ask as without asking, it can be ignored) 

    Addition: This would appear to be the sort of behaviour that the Government consultation is aimed at. It seems they are now using "soft trace" not to find where the Keeper is, but where the Keeper isn't. Really need you to contribute later.
    • All land is owned. If you are not on yours, you are on someone else's
    • When on someone else's be it a road, a pavement, a right of way or a property there are rules. Don't assume there are none.
    • "Free parking" doesn't mean free of rules. Check the rules and if you don't like them, go elsewhere
    • All land is owned. If you are not on yours, you are on someone else's and their rules apply.
    Just visiting - back in 2025
  • taleb
    taleb Posts: 27
    First Anniversary Name Dropper First Post Combo Breaker
    Forumite
    taleb said:
    taleb said:
    You could contact Gladstones and ask them to pay for a "with consent" order to remove the CCJ as it was clearly their incompetence error. If they fail to do so or admit the error, you should be in a better place to get your costs back (and a discontinuance) 
    will try to do that this morning, but not sure how it would work out with the court as I've already paid the full £275 (but I haven't submitted an application yet)
    just called them and they're not interested, they just want me to pay
    they said because I didn't respond to their letter from the new address, they went back to the old address
    OK but when you do your Application make sure you let the court know that you tried to resolve the issue without a hearing but the PPC were intransigent or badly advised by Gladstones. You believe this was an imposition on the court's time, did not advance the case and you wish costs for the application and your time. (You must ask as without asking, it can be ignored) 
    @Galloglass
    I'll update the witness statement to say I've contacted them
    I do ask for the costs in the draft order:

    2.     The Claimant do pay the defendant's costs and consequential costs of the application.

  • Coupon-mad
    Coupon-mad Posts: 129,397
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    In 16, change 'kindly consider' to 'order'.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • J63320
    J63320 Posts: 116
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    I have nothing to add re parking or the law, but please change Her Majesty’s Court’s in para. 11 to His Majesty’s.
  • taleb
    taleb Posts: 27
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    so I've finally had my hearing on Monday after waiting for months - it was only listed after I called them (waiting an hour on the phone) and they realised how it'd been

    in the hearing itself, the judge didn't accept my argument about the claim not being correctly served because it was sent to my previous address while the letter before claim was sent to my previous address. he said it was my responsibility to make sure that the claimant had my latest address

    the good news is that the judge did set the claim aside, based on the fact that I've got a good prospect of defending, given that I had a valid permit for the parking spot (it wasn't displayed in the car at the time of the charge)

    the judge asked that I file a defence by the 24th of September.
    I'm reading the newbie thread for filing a defence, but any specific pointers here would be appreciated, as I'm not sure if it's the same process when filing a defence after a CCJ is set aside


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