Unpaid County Court Judgement

Coupon-mad

Don't mention the old credit card link; that helps them, not you!

This wording is OK though:

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.

Doctor_S

As discussed earlier, I don’t have evidence of discussing the removal of PCN with the hotel. However, I have emailed them regarding their parking policy. Would this be of any use (maybe to add to exhibit?)

Me: I understand that Cedar Court Hotel is no longer open for bedroom bookings. My query is regarding a parking charge notice I received when the hotel was open for bedroom bookings. I was staying at the hotel during that time. I would like to know if I was unfairly given a parking charge notice as would be the case if parking was free for guests staying at the hotel.

Thanks

Hotel:

Hi

 

Please forward a copy of your parking fine to reception.bradford@cedarcourthotels.co.uk and they can get this cancelled for you.

 

Thanks

Coupon-mad

As discussed earlier, I don’t have evidence of discussing the removal of PCN with the hotel. However, I have emailed them regarding their parking policy. Would this be of any use (maybe to add to exhibit?).

Yes indeed. Add that too, and don't forget the BPA Code clause (go and find the right one & screenshot the paragraph I said to quote, to show breach).

B789

Have you tried naming and shaming the hotel on TrustPilot, Trip Advisor, Facebook or any of the social media platforms that these companies hate getting bad reviews on or at least warning them that that will be your next option if they aren't able to get their PPC monkey off your back?

Doctor_S

B789 said:

Have you tried naming and shaming the hotel on TrustPilot, Trip Advisor, Facebook or any of the social media platforms that these companies hate getting bad reviews on or at least warning them that that will be your next option if they aren't able to get their PPC monkey off your back?

Yes left a review on google. That was probably the first thing I did. Manager of hotel got in touch with me and tried to resolve, but couldn’t. The hotel no longer works with Parkingeye either 

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

Hi. Do you think the following is ready to send? Thanks for all your help.

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 19 October 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

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

4. I understand that the Claimant obtained a Default Judgment against me as the Defendant on 19 October 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 May 2021.

5. In June 2021, I rang Bradford Cedar Court Hotel reception and asked that the Parking Charge be cancelled as it was an unfair charge. The hotel receptionist reassured me there and then that it had been cancelled. Therefore, I was entitled to believe that the charge was long since resolved, null and void. I have provided a screenshot of recent correspondence between myself and the hotel which confirms that the hotel is able to cancel parking charges for guests staying at the hotel [Exhibit XX1].

6. The claim form was served at an address which I have never lived at. 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. 

7. The address on the claim is XXX. I have never resided at this address. Due to the nature of my work and certain circumstances, I moved quite frequently between temporary shared accommodation. I moved out of shared accommodation and into XXX on September 2019. I have attached my rental agreement for this property [Exhibit XX2] as well as evidence that I was on the electoral roll [Exhibit XX3].

8.  I moved to my current address at XXX on the 28 July 2021. In support of this, I have provided a copy of my tenancy agreement [Exhibit XX4]. I have also provide copies of my driving licence [Exhibit XX5], alongside a council tax [Exhibit XX6] and utility bill [Exhibit XX7].

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

SEQUENCE OF RECENT EVENTS

10. 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 paragraphs 5 and 6. 

11. The Claimant turned down my request.

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

13.  On XX April 2023 I submitted my case in order to set-aside this judgment and fairly present my case.

14. 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.

15. 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 have never resided at. The claimant did not take reasonable steps to ascertain the address of my current residence. This has led to the claim being incorrectly served and an irregular judgment.

16. 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.

17. Under Clause 24.1 C of the BPA Approved Operator Scheme Code of Practice Version 8 (January 2020), “Before serving a Letter Before Claim and prior to the issue of proceedings, Operators must, if no responses have been received to the NTD/NTK/reminder letters, take reasonable endeavours to ensure that the contact details for the person you are writing to are correct.” The Claimant failed to take reasonable endeavours to ascertain my correct current address prior to issuing proceedings and is therefore in breach of 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. I have provided a screenshot of the clause stated [Exhibit XX8].

18. 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 Direct Collection Bailiffs Ltd in 2023, they found the Defendant immediately.

19. 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.  

20. 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.

21. 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.

22. 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. 

23. 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 paragraph 6 above.

24.  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

All except these dates which are not your dates!

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. 

Doctor_S

Coupon-mad said:

All except these dates which are not your dates!

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. 

I will submit after correcting this. Thank you so much. 

1505grandad

If not yet submitted does this date need amending also?:-

"2. This is my supporting statement to my application dated XX September requesting to:"

Doctor_S

Many thanks to all above who helped me with this.

2 weeks ago I received a court hearing date for 7/7. A week later I received an email from Parkingeye offering to connect to the setting aside of the judgement. The claim will be settled with no payment owed to the Claimant, and no costs awarded to either party.

I know some would say to reject this offer and go to court, but due to personal circumstances, I have decided to agree to the terms of the proposed consent order. This has been signed by myself and parkingeye. Parkingeye have sent the document to court.

Am I still expected/required to attend the court hearing if I don't hear from the courts before the hearing date?