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Set-Aside Hearing Tomorrow....need help!
Hello all. I have a set-aside hearing tomorrow and I need help. I've been trying to create an acount and post from last week but weekend arrived:
Hi. I'm challenging a default judgement that I found out about after receiving a threatening Debt collection letter back in October 2022. I had no idea there was a CCJ against me. I confirmed by ringing up CCBC and it was true. I followed the advice on this forum and applied for a put aside. I've been given a hearing which is set for this week. The Claimant's solicitors have pre-empted the hearing and submitted a draft order stating that they accept the judgement be set aside because the Claimant acknowledges the LBC was served at the wrong address. They also want the case to be sent to the small claims track and for me to submit my defence within 14 days after this initial hearing. So, I need to prepare my defnce but I have a 101 questions and I need help going forward.
But before that, I want to acknowledge and thank the unsung heroes on this forum who are doing a stupendous job with their time and effort by helping us all. The big-hitters know who they are and I thank you for all your help, your time and all your effort. A lot of us would not have a clue without your help and support.
I'm paranoid that the claimants and their solicitors frequently troll this forum for a heads-up so I'm gonna keep details anonymised as much as possible so as not to give anything away for my defence. Once it's over, I'll update with all the identifiable info (Claimant and solicitors,obviously). Claimant is based in Sheffield and the Solicitors are in Manchester. These 2 are very prominent in this forum. Puzzle time: Solicitors - (ECD Legal- subtract one letter of the alphabet for the acronym). Claimant - 'Barclays Bank' and 'Hyde Park' (combine second word of each)
My hearing for the set-aside is this coming week. The Claimant's Solicitor has already emailed the court and copied me in. They state in the letter:
"Please find enclosed a Draft Order, were we hereby consent to the Judgment entered on XX/XX/2021 being Set Aside, to be sealed at the Hearing. Upon the Claimant accepting that, although the Claim was correctly served at the Defendant’s last known address pursuant to CPR 6.9, the Defendant did not receive the Claim Form."
Why "...sealed at the hearing"?, does this mean I cannot rely on any particulars concerning the NTK's, Debt collection letters or the rogue, deviant behaviour of the Claimant/PPC in my Defence?
Here is the Draft Order:
i. Judgment dated XX/XX/2021 be Set Aside;
ii. The Claim be allocated to the Small Claims Track;
iii. The Defendant to file a Defence within 14 days from the date of Judgment being Set Aside;
iv. The Claimant be at liberty to enter Judgment if the Defendant defaults from part iii. of the Order;
v. No order as to costs;
Firstly, my set-aside application slammed the Claimant for devious behaviour and for knowingly sending to the wrong address when all indentification data (DVLA etc) pointed to my current address. So, I feel the sudden acknowledgement by the claimant is an attempt to bury the matter and for their behaviour not to be addressed in the hearing. I don't think that's good enough or should I just be satisfied that they've consented for a set-aside?
The Small Claims Track. Is there anything in this point that will sting me later? Any chance I can convince the Judge in the set-aside to give a judgement there and then without proceeding to a defence trial?
File a defence within 14 days. Shouldn't this be no later than 14 days before the date of the defence hearing? Or, is this an attempt by the Claimant to apply pressure on me. I only received the response to my SAR a couple of days ago and it is a miserable response - I'll address this later. I didn't do this sooner because I didn't want to trigger the Claimant to take enforcement action until the Court had put a stop to it - which it did when I got the set-aside hearing date.
Number iv)...What does 'Claimant be at liberty to enter Judgment' mean? I have a feeling that the bedpans are relying on me having no defence and therefore citing unreasonable action or time-wasting or whatever. So, what do they have?....
Number v): Specifically, what does "No order as to costs" mean/imply?
The SAR. I only sent the SAR to the Claimant and not their Solicitor - Should I also send to the Solicitor since a lot of the debt collection letters were sent by them? I went according to the LegalBeagle template and padded it out. Excerpt:
Please supply the data about me that I am entitled to under data protection law relating to myself. I request that you provide:
ALL photos taken, including CCTV and ANPR systems
ALL letters/emails/texts sent and received, to all the residential addresses held for the subject, all email addresses held for the subject and all records of contact to the subject via phone/text.
In addition to the ANPR images/photos, please provide the ANPR log/record (including all images taken) from the day of the alleged breach of contract . (VRN data can be partially redacted for non-subject vehicles.)
PDT machine record from the day of the alleged breach of contract, a record of payments made. (VRNs can be partially redacted for other than the subject). I insist on receiving the record of payments.
Firmware version of the PDT machine at the time of the breach. And, change/release logs (including changed item entries) with dates for the previous firmware version, the current version at time of breach and the subsequent version. (Set of 3 change/release logs for: previous, current at time of breach, subsequent version)
Similar to the above, request for firmware versions and change/release logs for the firmware of the ANPR system used to record the alleged breach. (Set of 3 change/release logs is requested)
A full copy of the PCN, NTK and other notices, correspondence related to the subject
A full and complete list of all PCNs outstanding against the subject and the VRN: XXXX XXX.
Photos/images of ALL the signage declaring the terms of parking and the contract which was current at the time of the alleged breach
An area plan layout for the locations of the signage that allegedly formed the contract with the subject, and the locations of the PDT machines and ANPR cameras which recorded the alleged breach.
Dates and desciption of any changes to the signage, lighting, PDT machines or ANPR system since the time and date of the alleged breach. Since, these were all factors and aspects of the alleged contract with the subject.
The Claimant (parking company) responded to the SAR with:
1) Copy of NTK dated as sent at 8 days from alleged incident
2) NTK reminder sent approximately 28 days after initial NTK letter
3) Details of vehicle and keeper. Funny how it has my current address yet the LBC was sent elsewhere.
4) 4 images: 2 of the license plate, 1 of the front of the vehicle and 1 of the rear of the vehicle, supposedly entry and exit; both images date and time-stamped.
5) Reason for issue: ANPR failure to pay for parking.
Nothing else was included of what I had requested.
Of note in the images, is the utter darkness, it's almost pitch black. It was an early January evening. There is no way of identifying the driver from the images. I certainly have no recollection of parking there and neither do I know if my car had been borrowed that particular day. I do allow my car to be borrowed as long as the person has fully-comp insurance. I am a hundred miles away from the car park right now so am limited with the research I can do. Google street view only shows images upto October 2020 and it looks like the parking company hadn't been instucted then. However, there are Google reviews for the site/retail outlets situated there and many are bashing the parking. Many have been caught out and have stated that the machines are hidden and there is no signage etc. The parking site employs ANPR cameras and there is supposedly free parking for 30 minutes but to qualify for this a ticket needs to be claimed from the machine.
Does anybody know how much footage would the claimant's ANPR system have or have archived and be available to the claimant? Can the Claimant bring up additional footage during my defence trial which has not been provided to my SAR?
I've also found that the parking site is a pass-through to residential and business accomodation seprated by security gates at the end of the parking site. If it wasn't me then could it be that another driver went to this residential secured area and didn't actually use the claimant's car-park, I wonder. How feasible of a defence is this?
Why is it the assumption that times of ANPR systems are unquestionably and absolutely correct? Afterall, it's software. Claimant didn't provide any info on the signage and machines etc. as per my SAR. Would this be a reasonable argument to present to the judge to make a decision to not go to trial? Furthermore, the car park is a very small one and spaces are very hard to come by. Could it not be that the driver double-dipped or more and did not park at all and the ANPR data is incorrect? Why is it that the PPC/Claimant is trusted with this data when their behaviour can be interpreted as devious? - Especially, when they sent the LBC to an incorrect address and they had the correct address in their possesion as evidenced in the SAR reply.
Furthermore, for the set-aside hearing, the Solicitors have excused the attendance of the Claimant to save costs. What about me? After what I've been dragged through...they want sympathy and compassion?! Can I submit a Draft Order stating that due to the many possiblilities of me not being liable for any breach or entering any contract that the Court dismiss the claim? I need help here guys, please chip in. Even better if someone can knock me up a Draft Order. I'd like everything to end there and then at the set-aside hearing. All this has been very taxing on me as it has for everyone in my situation.
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