CCJ set aside won, now defending against AutoSec/DCB legal for parking in resident's allocated bay

cleena7

EXHIBIT 1	Defendant’s Response to Claim with updated address September 2021
EXHIBIT 2	Confirmation of updated address with DVLA August 2022
EXHIBIT 3	CCBC acknowledgement of receipt of Defence September 2021
EXHIBIT 4	Messages between Defendant and current owner of *** (old address) February 2023
EXHIBIT 5	Claim Status from Money Claim Online
EXHIBIT 6	Supplementary Witness Statement of Defendant
EXHIBIT 7	Google Earth image of *** and surrounding residential area
EXHIBIT 8	Rightmove advert for ***, inclusive of off street parking
EXHIBIT 9	Rightmove advert for ***, inclusive of car parking space
EXHIBIT 10	Title plan for Apartment ** (allocated parking space in mauve)
EXHIBIT 11	Summary of title plan (page 2) granting exclusive use of car parking space
EXHIBIT 12	Section 62 of the Law of Property Act 1925 relating to easements
EXHIBIT 13	Tenancy Agreement for ***
EXHIBIT 14	Defendant’s car parked in allocated parking bay
EXHIBIT 15	Hull & East Riding Blog - Peter Del Grosso
EXHIBIT 16	Letter from Defendant to Claimant in 2017 requesting PCNs are withdrawn
EXHIBIT 17	British Parking Association Code of Practice 7.1 – 7.3
EXHIBIT 18	Google Street View images of parking signage
EXHIBIT 19	Parking signage in Beavis case for comparison
EXHIBIT 20	ParkingEye Limited v Beavis – Paragraphs 98, 193, and 198
EXHIBIT 21	Draft amended Defence

B789

Besides CPR 13.3, you should also state CPR 6.9(3).

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part06#6.9

cleena7

Yes but I understand he may have sold and moved abroad? It was based in Hull in 2016/17

cleena7

B789 I mentioned CPR 6.9 (3) in para 18 but I wasn't sure if it applied so moved it further down (they served the Claim Form to a current address but all subsequently correspondence not received)

Coupon-mad

10.  I discovered that the Court Judgement and prior correspondence had been sent to an old address (***), despite establishing my correct address of ***, in my response to the Claim dated 24th SEPTEMBER 2021 (EXHIBIT 1).

11.  My address changed again on 24th AUGUST 2022 and I applied to the DVLA on 12th AUGUST 2022 to update my new address to *** (EXHIBIT 4), as well as updating my bank accounts and the Electoral Roll.

Are you saying that there were three addresses (your current one being "address 3") and the Directions Questionnaire and court CCJ warning (sanctions order) were inexplicably sent by the CCBC to "address 1" in 2022, despite the fact that you HAD given the court and the Claimant's solicitors "address 2" a whole year before?

How had you supplied address 2?

Buried in your defence?

In a covering email attaching your defence?

Or online using MCOL?

cleena7

Yes and yes
- Address '0' was the apartment with resident's car parking where I lived 2014-2017
- Address 1 lived at from 2017 - 2021 - Claim Form served here
- Address 2 from Sept 2021 - Aug/Sept 2022. Address was provided on page 4 (final page) of Claim Form/Defence - "Give an address to which notices about this case can be sent to you", along with mobile phone number
- The Claimant has confirmed in their Supplementary Witness Statement they had this address on file AND CCBC also confirmed by phone they had that address BUT correspondence was sent to Address 1 including Court Judgment
- I did not access MCOL until I learned of the CCJ. My defence in Sept 2021 was submitted by post from memory
- I updated CCBC and gave Address 3 over the phone in March 2023 - 1 day later I had Bailiffs at the door

Coupon-mad

And have you paid £275 AND an extra £14 to stay the writ as well?

You didn't pay the bailiffs?  How did you get rid of them, stood your ground and proved you'd already made a N244 application?  Nicely done, if so!

I think your CCJ will undoubtedly be set aside, and if the Claimant is not ordered to pay your fees/costs back at your hearing when you ask the Judge at the end, I strongly suggest you make a formal written complaint to the CCBC using the complaints team email in the thread by @jag_run (he got an apology and money offered as compensation by the CCBC for another mess up).

cleena7

I wasn't home - they gave a Notice after entry to my partner. However - I had already phoned the bailiffs in a different city when I learned of the writ of control (to check they weren't headed round my old house) then I emailed my local court to say I was applying to stay the writ and could they deal with it urgently (despite it still not being dealt with). Then I phoned the bailiffs who turned up at my house to tell them the application was 'with the judge' - they seem to have backed off
For some reason the court only asked for the £14 to stay the writ
I was ordered to pay the Claimant £180 costs for a hearing in April i could not attend (work commitments - I emailed the court with evidence and requested more notice re: next hearing) so I added that onto the £14 in my draft order. Should I ask for more costs in set aside draft order, or leave this presuming another hearing to review defence?

Do you think per B789 I should move CPR 6.9 (3) up more prominently in witness statement or leave as is? And to include draft defence in submission to stay the writ or leave it until later and just include supplementary witness statement with evidence? Want to put as much in as possible but also want more time to work on the amended defence in case I need to rely on it later.

Still not sure how I can convince the judge to set aside if they deem the Claimant has done nothing wrong (as it was CCBC's **** up - potentially)

Thanks so much! 

Coupon-mad

I say the judgment MUST be set aside under CPR 13.2 because the DQ was improperly served to an old address.  And surely the Claimant's solicitors also used the wrong address to send you a copy of their DQ in early January, which (had you received that) would have given you a heads up that the claim was no longer stayed.

For some reason the court only asked for the £14 to stay the writ.

Great stuff!  Shhhh!  Technically this is too low a fee but the CCBC are pretty daft sometimes, and this does happen.   Saved you money! We've seen that done before; one example case is the thread by @SoJacob which you may wish to read.  She had nearly two grand ripped from her by bailiffs when she was pregnant and for a £14 application she got it all back and is now awaiting her final hearing re the PCN.

I was ordered to pay the Claimant £180 costs for a hearing in April i could not attend (work commitments.

Ouch!  That's unfair.  What was that hearing about, was it to hear your application?  And now it's rearranged and you CAN attend the second date? I really hope so, because your ruined credit rating cor SIX YEARS depends on it - REALLY important to attend.

Include your loss of salary or loss of a day's leave for attending this next hearing in your costs.

cleena7

Yes I am definitely attending - the last hearing I had no other option due to strikes/staffing, I thought it was unfair to have to pay too, but none of this is fair. I didn't think about the Claimant's DQ, I will add that comment to WS.
Is it £95 max for day's salary or can I put hourly rate?
I have put a SAR in to Claimant's solicitor for any documents sent plus also the signage/any Landowner contract but presume they will allow themselves the full 28 days before sending...
The enforcement order was in region of £1700 so very much hoping for a set aside and not more court costs on top!