Unpaid County Court Judgement

Doctor_S

B789 said:

I think the OP may have a slight problem with this as they state in their first post: 

I rang reception to complain and they claimed to have cancelled the charge there and then.

Is there any proof in writing that the Hotel ever agreed to cancel "there and then" the PCN?

Unfortunately not

Doctor_S

Coupon-mad said:

Did you word it like this?

You can get this set aside and I think you might be able to persuade PEye to create and sign a consent order if you tell them you are about to sue the Hotel for causing this by failing to cancel it when they promised  (PEye won't want to annoy the Hotel). 

Now send a LBC to the Hotel (HEAD OFFICE IN ENGLAND) for £482 (£275 plus £207) and email a copy of your Hotel LBC to ParkingEye yelling them they and their client have caused this farce.

Briefly remind them how they both caused it.

Finish by saying in your covering email,  that unless ParkingEye's (or the Hotel's) legal team step in with a suitable Order to remove the CCJ at no cost by the first week in April, you will apply for the CCJ to be set aside for want of service, at a court fee of £275 and will sue the Hotel group for all losses which currently stand at £482.

This was my email to Parkingeye:

Dear Sir/Madam,

My email is regarding letters I’ve been receiving from direct collection bailiffs ltd. The letter claims that I owe £207 for an unpaid county court judgement.

The CCJ is related to a date I parked at Cedar Court Hotel Bradford on 26/5/2021. When I received this PCN I called the hotel to ask for the PCN to be removed as I was a guest at the hotel at the time. There and then, they claimed to have cancelled the PCN.

2 years later (at present time), I am receiving letters regarding this PCN and a county court judgement to my current address.

I have not received any warning forms or claim form to my address. After contacted the county court business centre, it has come to my knowledge that the warning letters were all sent to an address I moved out of over 4 years ago.

I am deeply saddened by the fact that I was wrongly reassured that this PCN had been cancelled, and as a result I will be suing the hotel.

As the PCN was issued by yourselves, I would greatly appreciate if we could come to some sort of amicable to get the PCN set aside e.g. via creating and signing a consent order. 

Your help would be greatly appreciated.

I look forward to hearing from you.

Kind regards,

Doctor_S

I don’t know if this makes a difference but The hotel manager told me that they no longer use Parkingeye 

B789

You certainly don't end with "kind regards". Use "Yours faithfully". There is nothing "chummy" about all this.

When did you send that email to PE? You should still try the advice @Coupon-mad suggested. Using that LBC to the hotel head office could trigger something as, at this point, they don't know what evidence there is that they said they cancelled it.

If it even got to court, you would be there as a witness and your testimony would hold much more weight than any written witness statement that cannot be cross-examined that they may or may not provide to counter your argument.

Coupon-mad

Doctor_S said:

Coupon-mad said:

Did you word it like this?

You can get this set aside and I think you might be able to persuade PEye to create and sign a consent order if you tell them you are about to sue the Hotel for causing this by failing to cancel it when they promised  (PEye won't want to annoy the Hotel). 

Now send a LBC to the Hotel (HEAD OFFICE IN ENGLAND) for £482 (£275 plus £207) and email a copy of your Hotel LBC to ParkingEye yelling them they and their client have caused this farce.

Briefly remind them how they both caused it.

Finish by saying in your covering email,  that unless ParkingEye's (or the Hotel's) legal team step in with a suitable Order to remove the CCJ at no cost by the first week in April, you will apply for the CCJ to be set aside for want of service, at a court fee of £275 and will sue the Hotel group for all losses which currently stand at £482.

This was my email to Parkingeye:

Dear Sir/Madam,

My email is regarding letters I’ve been receiving from direct collection bailiffs ltd. The letter claims that I owe £207 for an unpaid county court judgement.

The CCJ is related to a date I parked at Cedar Court Hotel Bradford on 26/5/2021. When I received this PCN I called the hotel to ask for the PCN to be removed as I was a guest at the hotel at the time. There and then, they claimed to have cancelled the PCN.

2 years later (at present time), I am receiving letters regarding this PCN and a county court judgement to my current address.

I have not received any warning forms or claim form to my address. After contacted the county court business centre, it has come to my knowledge that the warning letters were all sent to an address I moved out of over 4 years ago.

I am deeply saddened by the fact that I was wrongly reassured that this PCN had been cancelled, and as a result I will be suing the hotel.

As the PCN was issued by yourselves, I would greatly appreciate if we could come to some sort of amicable to get the PCN set aside e.g. via creating and signing a consent order. 

Your help would be greatly appreciated.

I look forward to hearing from you.

Kind regards,

That was a lot friendlier and weaker than I suggested, so no wonder they knocked you back.  That wasn't going to achieve anything but if the Hotel no longer uses PE then there is little leverage.

Crack on with your N244 and WS bundle as seen in successful CCJ set aside threads by:

@parkingpains1

@Jack5656

@Brokenchief

Doctor_S

Coupon-mad said:

Doctor_S said:

Coupon-mad said:

Did you word it like this?

You can get this set aside and I think you might be able to persuade PEye to create and sign a consent order if you tell them you are about to sue the Hotel for causing this by failing to cancel it when they promised  (PEye won't want to annoy the Hotel). 

Now send a LBC to the Hotel (HEAD OFFICE IN ENGLAND) for £482 (£275 plus £207) and email a copy of your Hotel LBC to ParkingEye yelling them they and their client have caused this farce.

Briefly remind them how they both caused it.

Finish by saying in your covering email,  that unless ParkingEye's (or the Hotel's) legal team step in with a suitable Order to remove the CCJ at no cost by the first week in April, you will apply for the CCJ to be set aside for want of service, at a court fee of £275 and will sue the Hotel group for all losses which currently stand at £482.

This was my email to Parkingeye:

Dear Sir/Madam,

My email is regarding letters I’ve been receiving from direct collection bailiffs ltd. The letter claims that I owe £207 for an unpaid county court judgement.

The CCJ is related to a date I parked at Cedar Court Hotel Bradford on 26/5/2021. When I received this PCN I called the hotel to ask for the PCN to be removed as I was a guest at the hotel at the time. There and then, they claimed to have cancelled the PCN.

2 years later (at present time), I am receiving letters regarding this PCN and a county court judgement to my current address.

I have not received any warning forms or claim form to my address. After contacted the county court business centre, it has come to my knowledge that the warning letters were all sent to an address I moved out of over 4 years ago.

I am deeply saddened by the fact that I was wrongly reassured that this PCN had been cancelled, and as a result I will be suing the hotel.

As the PCN was issued by yourselves, I would greatly appreciate if we could come to some sort of amicable to get the PCN set aside e.g. via creating and signing a consent order. 

Your help would be greatly appreciated.

I look forward to hearing from you.

Kind regards,

That was a lot friendlier and weaker than I suggested, so no wonder they knocked you back.  That wasn't going to achieve anything but if the Hotel no longer uses PE then there is little leverage.

Crack on with your N244 and WS bundle as seen in successful CCJ set aside threads by:

@parkingpains1

@Jack5656

@Brokenchief

Thank you all for your help so far. 
I have gone through the threads you have suggested and written up a witness statement and draft order. Appreciate if you could guide me as to whether it is sufficient enough to submit.

---------

Witness Statement of XXX

1. I am XXX, and I am the Defendant in this matter. The facts 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 XX September requesting to:

a. Set aside the default judgment dated 20 Semptember 2021 as it was not properly served at my current address.

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

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

1.2. I understand that the Claimant obtained a Default Judgment against me as the Defendant on 20 September 2021. I am aware that the claimant is Parkingeye Ltd and that the assumed claim is in respect of an unpaid Parking Charge at a hotel I stayed at on 26 September 2021.

1.3. The claim form was served at an address which I moved from in January 2019. Therefore, I was not aware of the Default Judgment until I received a ‘notice of intended enforcement action’ letter from Direct Collection Bailiffs Ltd dated 8 February 2023. 

1.4. The address on the claim is XXX. This is the address that my sister currently resides at. I left XXX in January 2019.

1.5.  I moved to my current address at XXX on the 28 July 2021. In support of this, I can provide a scanned copy of my rental tenancy agreement. I can also provide copies of my driving license, alongside a council tax and utility bill.

1.6. It should be highlighted that the integrity and law-abiding intention of the Defendant should be taken into consideration on the basis that;

1.6.1 On 15th February, I asked my sister to check if there was any letters addressed to me at her property. She informed me of the claim form which had been issued on 20 Sep 2021. 

1.6.2 On 8th September 2022 I submitted a subject access request to UK Parking Control Ltd via email.

1.6.3 On 10th March 2023, I made a written request to Parkingeye Ltd (Claimant) inviting them to consent to set aside the judgment due to the reasons in paragraph 1.5. 

1.6.4 The Claimant turned down my request.

1.6.5 On 21st March 2023, I contacted the Northampton County Court to obtain relevant information relating to this default judgment. I was provided with the particulars of claim which outlined the details of the judgment.

1.6.6  On XX September I submitted my case in order to set-aside this judgment and fairly present my case.

1.7. I believe the Claimant has behaved unreasonably in pursuing a claim against me without ensuring they held my correct contact details at the time of the claim.

1.8. 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 at which I no longer reside. The claimant did not take reasonable steps to ascertain the address of my current residence despite having some 11 months to establish an address. This has led to the claim being incorrectly served to an old address and an irregular judgment.

1.9.   Under CPR 13.2 The court must set aside a judgment entered under part 12 if judgment was wrongly entered. Given that CPR 6.9 (3) was not met, CPR 13.2 applies and the CCJ should be set aside.

2.0.   The Defendant was 'there to be found' for the sake of a 29 pence bulk Experian trace or similar very inexpensive and immediate credit reference agency address check. I would then have been notified of this judgment and could have taken action to prevent it. A failure to carry out proper checks to establish the right address for service before filing a claim not only breaches the CPRs but also the pre-action protocol for debt claims and the British Parking Association Code of Practice. The Claimant acted wholly unreasonably by negligently or deliberately disregarding all rules and caused the claim to be improperly served.  

2.1. 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 XXX.

2.1.1. According to publicly available information my circumstances are far from being unique. The industry’s persistent failure to use correct and current addresses results is an unnecessary burden for individuals and the justice system across the country.

2.1.2. Furthermore, former Prime Minister May publicly pledged to investigate ‘abuse’ of the CCJ System and so called ‘Credit Clamping’ as reported in the Daily Mail article dated 12 September 2016. 

2.1.3. The Right Honourable Sir Oliver Heald on 23 December 2016 "announced a crackdown on unresolved debts which can damage people’s credit ratings without them knowing. The action comes after concerns were raised that companies were issuing claims to consumers using incorrect addresses." The Minister added, "It cannot be right that people who are unaware of debts can see their lives and finances ruined by county court judgments. That in the digital age, we must ensure companies pursuing unpaid debts make every reasonable effort to contact individuals, rather than simply relying on a letter to an old address.” Furtherance to points raised in 1.3 above.

2.2.  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.

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.

SIGNED AND DATED

————————————

DRAFT ORDER

UPON reading the defendant’s application dated XX September 2022.

IT IS ORDERED that:

 
1. The default judgment dated 20 September 2021 be set aside. 

2. The 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 of £275 on an indemnity basis.

Coupon-mad

This needs a lot of checking by you!  I spotted several factual mistakes and if I can see these then there may be more (you know your case, I don't...).

The dates in 1.2 cannot be correct.  Look at those again...check the date you visited the Hotel.

You have not stated in 1.2. (even though it would make sense to say so) that the Hotel promised to cancel the parking charge on DATE, which is why you were entitled to believe the unfair charge was long since resolved, null and void.

Also, the date of the CLAIM FORM cannot possibly be the same as the date of the DEFAULT JUDGMENT.  Your version says they were both dated 20 Sept 2021.  Not possible.


Typo:

Driving LICENCE (there's no 's' in that noun).

Don't say you 'can' attach evidence of your addresses.  Actually append that evidence now as numbered Exhibits.

Also append another exhibit; a screenshot of the BPA CoP clause that says AOS members must check details before serving a LBC.  And refer to it and say the Claimant breached the Code of Practice, a breach of the rules which caused their own claim to be improperly served and accordingly, the Claimant is liable to pay the Defendant's costs in the case.  Moreover, the fact that the Defendant's address was easy to locate is proven by virtue of the indisputable fact that when the Claimant handed a batch of cases including this one to DCB Ltd in 2023, they found the Defendant immediately.


1.6.2 On 8th September 2022 I submitted a subject access request to UK Parking Control Ltd via email.

No you didn't!  Who?!  What?!


Remove this line (below) or a Judge might ask why your family member didn't simply pass post to you in a timely manner.  Also remove 1.6.1 entirely, as well as this:

This is the address that my sister currently resides at

KeithP

Doctor_S said:
1.6.5 On 21st March 2023, I contacted the Northampton County Court to obtain relevant information relating to this default judgment.

Did you contact the Northampton County Court, or did you contact the County Court Business Centre which also happens to be in Northampton? A different place entirely.

Umkomaas

I'd change the convoluted paragraph numbering to a simple 1,2,3 ... et seq. 

Doctor_S

Coupon-mad said:

This needs a lot of checking by you!  I spotted several factual mistakes and if I can see these then there may be more (you know your case, I don't...).

The dates in 1.2 cannot be correct.  Look at those again...check the date you visited the Hotel.

You have not stated in 1.2. (even though it would make sense to say so) that the Hotel promised to cancel the parking charge on DATE, which is why you were entitled to believe the unfair charge was long since resolved, null and void.

Also, the date of the CLAIM FORM cannot possibly be the same as the date of the DEFAULT JUDGMENT.  Your version says they were both dated 20 Sept 2021.  Not possible.


Typo:

Driving LICENCE (there's no 's' in that noun).

Don't say you 'can' attach evidence of your addresses.  Actually append that evidence now as numbered Exhibits.

Also append another exhibit; a screenshot of the BPA CoP clause that says AOS members must check details before serving a LBC.  And refer to it and say the Claimant breached the Code of Practice, a breach of the rules which caused their own claim to be improperly served and accordingly, the Claimant is liable to pay the Defendant's costs in the case.  Moreover, the fact that the Defendant's address was easy to locate is proven by virtue of the indisputable fact that when the Claimant handed a batch of cases including this one to DCB Ltd in 2023, they found the Defendant immediately.


1.6.2 On 8th September 2022 I submitted a subject access request to UK Parking Control Ltd via email.

No you didn't!  Who?!  What?!


Remove this line (below) or a Judge might ask why your family member didn't simply pass post to you in a timely manner.  Also remove 1.6.1 entirely, as well as this:

This is the address that my sister currently resides at

Sorry, I’m not very good at this as you can tell. Thank you for pointing out the errors. Yes you are right, there are so many incorrect facts, even more than you have pointed out.

I actually have never lived at the address that the claim form was sent to.

it’s quite complicated actually. My confusion was because my sister and I were renting out a flat in the same building as the one the claim form was sent to, but I moved out in Jan 2019. My sister then went on to purchase the flat that the claim form was sent to (in May 2019).

I was living in temporary shared accommodation from jan 2019 - sep 19 and hence, I registered one of my credit cards to the address (that the claim form was sent to).

Sorry, a lot to wrap your head around. 

Would the following make sense?

‘I have never resided at XXX. Due to the nature of my work and certain circumstances, I moved quite frequently between temporary shared accommodation, and because of this, I linked flat 5 (my sister’s home) to one of my credit cards. However, I moved out of shared accommodation and into (XXX) on September 2019. I have attached my rental agreement for this property as well as evidence that I was on the electoral roll.’