Having a PCN CCJ Set Aside and Defending

KeithP

bohomark said:

All I can find is references to the authors and I can't seem to find anything on their home pages to lead me to their WS. Sorry, could you help.... again.

But on each of their profile pages you will be able to list all of their threads and for most of those five users there is only one relevant thread.

bohomark

Could I have some feedback on my partner's statement too, please?

1.     I am ********** of (**********) and was a passenger in the vehicle when the alleged parking transgression took place. The facts below are true to the best of my belief and my account has been prepared based upon my own knowledge.

 

2.     On the morning of the event Mark had been working as a bodyguard all night. I had been staying with friends and woke very early to meet him in central London, so that we could drive home to Yorkshire. Mark was exhausted but we didn’t have accommodation in London that day/night, so we had to set off. We got as far as London Gateway Services when Mark told me that he would have to stop to rest for a while. He pulled straight into a space and relined his seat to sleep. I slept for a while, as I’d only had a few hours sleep too.

 

3.     We travel a lot, as is the nature of Mark’s work, so this is not the first time we’ve pulled over to rest. I can’t remember if I did leave the car and go into the services, but if I did, and if the signs are as prominent around the entrance, as ParkingEye claim, it is entirely feasible that I would have paid the parking charge, it wouldn’t be the first time I’d paid for parking while Mark slept. However, it is one of many trips similar trips, a long time ago, and I was very tired, so I would not be able to say for sure whether I did or did not.

 

4.     When Mark woke, he put his seat back into position and we continued on our journey. Neither of us thought any more about it until Mark was informed by post that he had received a CCJ.

5.   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.

Coupon-mad

Looks great except the SoT doesn't need a paragraph number.  Make sure it is dated as well as signed, and (if possible) both of you should attend the hearing.

bohomark

Coupon-mad said:

Looks great except the SoT doesn't need a paragraph number.  Make sure it is dated as well as signed, and (if possible) both of you should attend the hearing.

Ok, thanks.

1. Do I need to put the same header as my witness statement, with the court name and case no. etc?
2. It appears they did not add the extra £70, until court action was taken, and they didn't use DCB Legal. All communications are from P/Eye.

eg...

Witness Statement by witness for the Defence, ******** ************

12/03/2024

 

IN THE COUNTY COURT of 

 

Claim No.:  *******

Between

ParkingEye Limited

(Claimant) 

- and -  

******* ************

 (Defendant)

Coupon-mad

ParkingEye don't add £70 as a DRA fee.

Last year - for the first time - they started to add £20 and now they've already upped it to £25. You can tell from the POC how much they've added, by comparing the core claim to the signs/NTK.

Looks like a stealth money-grab to me because they know 90% of claims go to default CCJs. Due to the sheer numbers and roboclaim/MCOL feeder system used, they must be making a fortune, given they already add the capped (allowed by the courts) £50 legal fees per claim.

bohomark

Should I have sent in a draft order, with my WS?

Le_Kirk

It is normal when submitting a N244 set-aside form with witness statement to submit a Word version of a Draft Order so the judge can use it. Is this a straightforward set-aside application? Doesn’t the exemplars you used also have a Draft Order?

Coupon-mad

Doesn't matter though. Not expected from a litigant in person.

bohomark

Ok, so here's the update. I lost and have to pay the original fine of £100 plus £212 costs.

Takeaways for the forum:

1. According to the Claimant's representation and the Judge, it is not the claimant's responsibility to prove that the Defendant didn't pay. To the contrary, it is the Defendant's responsibility to he did.
2. The judge asked several leading questions, which were related to my assertion that I did not know if my partner had paid, but which had a clear impact on the judgement. Did I use motorway services a lot? Do I make rest-stops a lot?.. The implication of the judgement was that I may not have seen signs on this particular trip, but I must have seen them on other trips. I find this to be ridiculous, but that's life.
3. I think that arguing that I didn’t know if I’d paid or not, clouded the argument that there was little signage, which was a strong argument. I think that it added to the Judge’s suspicion that I was ‘trying my luck’, and made me seem to be disingenuous.

I was so shocked that I didn't state that I wanted to appeal, so I'm not sure if it's even possible now. They gave me 14 days to pay.

1. Can I appeal?
2. Will it be expensive if I lose?

 

 

Coupon-mad

Plus £212 costs?  Should only be £112:

Capped legal fees - £50

Claim filing fee - £35

Hearing fee - £27

This is bad luck but the judgment should only be £212 (total); you can only appeal if the Judge 'erred in law' which is rare.

Sounds like he concluded - on the balance of probabilities - you didn't pay the £15 fee, even though there was no evidence either way.