6 PCN's and a historic CCJ

63realfan

Coupon-mad said:

Sent off?  He has to phone to get that info immediately.  It's urgent. He has to act promptly.  As in, he should make his application this month.

Yes by all means raise your concerns with your MP. 

Not possible, calls cost £4.21p per minute from where he is, just isn’t feasible. He’s been in contact via email. Will update soon and understand about acting promptly 

63realfan

@Coupon-mad
Hi CM, update on situation. He's called twice to no avail with getting through. He's sent 3 emails now asking to be sent POC and with the last email to explain why CCBC has been ignoring him and he's still had no response. Unfortunately, I don't think he quite understands how severe the situation is for him and to chase CCBC up asap to get POC to make it look like hes acting promptly and so he can put his N244 application in. He's recently got engaged and has had a lot going on, unfortunately in my eyes not putting something like this being equally as important, first. I've explained he should call CCBC tomorrow, put phone on loud speaker and record the call (with CCBC knowing he's recording) and ask why they've been ignoring him and asking for POC to be sent to his email. Very frustrating process with me not being able to deal with it myself!! keep you updated!

Many thanks,

Coupon-mad

63realfan said:

@Coupon-mad
Hi CM, update on situation. He's called twice to no avail with getting through. He's sent 3 emails now asking to be sent POC and with the last email to explain why CCBC has been ignoring him and he's still had no response. Unfortunately, I don't think he quite understands how severe the situation is for him and to chase CCBC up asap to get POC to make it look like hes acting promptly and so he can put his N244 application in. He's recently got engaged and has had a lot going on, unfortunately in my eyes not putting something like this being equally as important, first. I've explained he should call CCBC tomorrow, put phone on loud speaker and record the call (with CCBC knowing he's recording) and ask why they've been ignoring him and asking for POC to be sent to his email. Very frustrating process with me not being able to deal with it myself!! keep you updated!

Many thanks,

He doesn't need the POC.

Just put in the application (copying the WS from a recent one and adapting anything unsuited to his case) along with the new silver bullet of the CEL v Chan judgment.  

As seen in all September CCJ set aside threads.

63realfan

Hi CM, 

thanks for reply. I’ll get on it. We’ve got the POC’s. It’s not parking eye as previously thought.

Claimant is UK CAR PARK MANAGEMENT LTD.
Solicitor is GLADSTONES SOLICITORS LIMITED

He’s basically got 6 PCN’s. 3 over the course of 10 days days and 3 over the course of 10 days about a week later. Gladstones have taken him to court twice. He has 2 separate POC’s (2 reference numbers) 

One judgement is £743.93
The other is for £741.98

I’ll get a WS drafted up for him. Can I use the same as my one I had? (Obviously changing The relevant information around) 

I know you’re all about beating these scammers CM but in your honest opinion, is there a better chance of the set aside going through if he has consent from the claimant and pays them what they want? He said he isn’t fussed about paying but wants the CCJ removed. I said to him we should fight it but the issue is I’m going to be doing 99% of this paperwork and his defence etc. He will have to stand up in court but anything else will be on me to sort out and it was bloody stressful last time. Does him having 6 PCN’s make this more confusing/harder to win? 

Let me know your thoughts, we’ll get this n244 sorted in the meantime 

1505grandad

" It’s not parking eye as previously thought.

Claimant is UK CAR PARK MANAGEMENT LTD."

Well you can forget all about the many good advice posted regarding the BPA CoP.

Coupon-mad

63realfan said:

Hi CM, 

thanks for reply. I’ll get on it. We’ve got the POC’s. It’s not parking eye as previously thought.

Claimant is UK CAR PARK MANAGEMENT LTD.
Solicitor is GLADSTONES SOLICITORS LIMITED

He’s basically got 6 PCN’s. 3 over the course of 10 days days and 3 over the course of 10 days about a week later. Gladstones have taken him to court twice. He has 2 separate POC’s (2 reference numbers) 

One judgement is £743.93
The other is for £741.98

I’ll get a WS drafted up for him. Can I use the same as my one I had? (Obviously changing The relevant information around) 

I know you’re all about beating these scammers CM but in your honest opinion, is there a better chance of the set aside going through if he has consent from the claimant and pays them what they want? He said he isn’t fussed about paying but wants the CCJ removed. I said to him we should fight it but the issue is I’m going to be doing 99% of this paperwork and his defence etc. He will have to stand up in court but anything else will be on me to sort out and it was bloody stressful last time. Does him having 6 PCN’s make this more confusing/harder to win? 

Let me know your thoughts, we’ll get this n244 sorted in the meantime 

No don't try for consent.

See the CEL v Chan judgment and attach that (search the forum) and also search for:

Gladstones 10.25% interest deplorable

and draft a WS that covers all the usual stuff seen in the example CCJ set aside cases but add in the above two points as well, and the silver bullet of the Chan case transcript (which was also a CCJ set aside case).

63realfan

Thank you, working on this today. Wanted to ask, can I help represent my friend in court, kind of like a lay representative? Just worried how hes going to get on in court, even after educating him on everything

Umkomaas

63realfan said:

Thank you, working on this today. Wanted to ask, can I help represent my friend in court, kind of like a lay representative? Just worried how hes going to get on in court, even after educating him on everything

Yes, but be aware that your friend (the Defendant) must attend the court with you. Check out the responsibilities and limitations placed on a Lay Representative via some Google searches, and in particular read the The Lay Representatives (Rights of Audience) Order 1999.  You might also want to look at the differences between a Lay Rep and a McKenzie Friend, as sometimes a Judge will ask you to clarify the particular role you will undertake. 

63realfan

Umkomaas said:

63realfan said:

Thank you, working on this today. Wanted to ask, can I help represent my friend in court, kind of like a lay representative? Just worried how hes going to get on in court, even after educating him on everything

Yes, but be aware that your friend (the Defendant) must attend the court with you. Check out the responsibilities and limitations placed on a Lay Representative via some Google searches, and in particular read the The Lay Representatives (Rights of Audience) Order 1999.  You might also want to look at the differences between a Lay Rep and a McKenzie Friend, as sometimes a Judge will ask you to clarify the particular role you will undertake. 

Excellent, thank you

63realfan

Hi CM, have prepped a WS/DO for my friend. I know the WS is a little jumbled but I am trying to explain the situation clearly without blabbing on too much. One extra thing I want to know - do I need to put previous address', dates he moved into his new address and when he updated his DL? 

Please see attached,

 

 

Draft Order

CLAIM No:

BETWEEN: UK CAR PARK MANAGEMENT LIMITED (Claimant)

-- and –

XXXXXXX (Defendant)

Upon reading the defendant's application dated 10/02/2023 It is ordered that

 

1. The judgment for claimant dated 13/04/2023 is set aside on the grounds that the defendant has not been validly served as the Claim Form was sent to the Defendants former address

 

2. The claimant to pay the Defendant's cost of this application £275 in addition £95 for time in preparation (5 hours as litigant in person at a rate of £19 per hour).

 

 

 

 

Witness Statement 

CLAIM No:

BETWEEN: UK CAR PARK MANAGEMENT LIMITED (Claimant)

-- and –

XXXXXXX (Defendant)

 

 

I am XXXXXXX and I am the defendant in this matter. This is my supporting Statement to my application dated ?????? requesting to:

1. Set aside the default judgment dated 13/04/2023 as it was simply not served at my current address. 

2. Order for original claim to be dismissed.

3. Order for the claimant to pay the defendant £275 as reimbursement for the set aside fee, in addition £95 for time in preparation (5 hours as a litigant in person at a rate of £19 per hour) and costs having to take time off work to attend court. 

 

I understand that the claimant obtained a default judgment against me as the Defendant on 13/04/2023. I am aware that the claimant is: UK CAR PARK MANAGEMENT LIMITED and that the assumed claims in respect of 6 unpaid PCN’s

 

 1. The claim form was not served at my current address and I thus was not aware of the Default judgment up until I checked Experian on 26/07/2023 who notified me that I received a Default Judgment on 13/04/2023.  

2. I contacted Experian immediately the same day I found out that default judgment had been lodged against my record (26/07/2023) acting promptly by raising my concern in relation to the Default judgment. At this point I was unaware what a CCJ was and confused what it meant. After calling Experian I then called CCBC for more information. I was given brief Particulars over the phone which at that time was a lot to take in.

3. I was preparing to return home in the time from receiving the Default Judgment to going home (7 days). I left the UK on 02/08/2023 to return to my home country Iran for 8 weeks. Due to restricted Wi-Fi access, I did not have a lot of time to read upon the situation I found myself in. I sent CCBC an email explaining my situation and asking for Particulars of the Claim to be sent to me to read through, of course acting promptly about the situation. I explained in my email that I would certainly never ignore any court letters. I also explained that I also could not make calls to CCBC due to call charge costs from being in Iran.

4. I received a response from CCBC the same day asking for claim reference numbers. I provided the 2 claim reference numbers on the same day and received nothing back.

5. I sent another email to CCBC on 14/09/2023 again due to no response to my previous emails and asked for the POC again acting promptly to start my set aside application. I provided reference numbers and explained I had been awaiting POC from CCBC to pursue the N244 application but had not yet received the details from CCBC after numerous attempts and not being able to call due to being back home in Iran. I still received nothing back from CCBC after sending this email.

6. After making numerous efforts with CCBC to obtain more information and not receiving anything back, I called on 05/10/2023 and waited on the phone for 1 hour 4 minutes before the phone hung up. I called back the next day (06/10/2023) and finally got through to someone where the POC was sent to my email.

7. In addition, I refer to CPR 13.3. It is suspected that Claimant has not carried out correct address checks before filing claim subsequently meaning I have not received anything claim or letters in regards to the claim and still have not received anything to present day.

8. I also refer to CPR 13.2 (the court must set aside a judgment entered under part 12 if judgment was wrongly entered).

9. I submit the CCJ should be set aside under CPR 13.2(a) as the claim form was not served at my new address.

10. I moved to my new address late January 2022 where I changed my driving licence to my new address.

11. Should the judgment be set aside. I am confident I can robustly defend the original PCN’s where I will request better Particulars of Claim and photographic evidence of signage, so I can make an informed decision because at the moment I have nothing to go on, yet want to defend.

12. In addition to the above, it should be highlighted that the integrity and law abiding intention of the Defendant should be taken into consideration on the basis that I discovered a CCJ was lodged against my name on 26/07/2023 tarnishing my impeccable credit history. 

13. I am prepared to swear on oath that the claim was not served and that is still the position to date. I work for Surrey Police where I can also reference the oath I swear on as an employee to uphold honest and integrity at all times both whilst on duty and off duty.

14. A recent persuasive appeal judgment (attached in Appendix C) in another private parking case: Civil Enforcement Limited v Chan (Ref. E7GM9W44).  This case confirms that where the POC fails to comply with Civil Procedure Rule 16.4 and the Practice direction to Part 16, the claim should be struck out, the CCJ set aside and costs awarded to the Applicant/Defendant.  On the 15th August 2023, in the cited case, HHJ Murch held that 'the particulars of the claim as filed and served did not set out the 'conduct which amounted to the breach' in reliance upon which the claimant would be able to bring a claim for breach of contract'. The same is true in this case and in view of the Chan judgment, the Court should strike out the claim, using its powers pursuant to CPR 3.4 and award my costs in full, as happened in Chan appeal case (which also started with a N244 CCJ set aside application which was initially wrongly refused by the first learned Judge)

15. I would like to reiterate that I have made an application to seek costs as well as the claim being dismissed and the CCJ set aside.

16.  Whatever the allegation turns out to be, it must be common ground that the terms have been complied with or substantially complied with, and the Claimant will concede that no financial loss has arisen.  The charge imposed, in all the circumstances is a penalty (not saved by the ParkingEye v Beavis case, which is fully distinguished).  In addition to the fact that the sum claimed under purported 'contract' is disproportionately exaggerated, additionally the interest is inflated in two ways:

(i).  Interest appears to be miscalculated on the whole enhanced sum from day one as if £160 or £170 was 'overdue' on the day of parking;

(ii). Gladstones have applied the wrong interest rate of 10.25% which they appear to have made up.  The highest rate allowed in civil claims (only at the discretion of courts) is 8%. I have discovered from research that this legal representative roboclaim firm (connected to the IPC trade body) always adds 10.25% interest and are highly likely to be one of the top five 'bulk parking case litigators' shown in the Government's analysis, linked elsewhere in this statement.  Gladstones indisputably issue tens of thousands of inflated parking claims every year, all of which have the wrong interest rate (a deplorable 10.25%)  and the unconscionably enhanced £60 or £70 (per PCN) which can add hundreds to some claims.  Given that the MoJ's quarterly statistics show that 90% of small claims go to default CCJs, this is clearly an abuse, and it appears to be for the profit of Gladstones and nothing to do with the Claimant's alleged £100 PCN.  I hope the Judge addresses this in the final judgment, at the very least to warn or sanction Gladstones as the court sees fit.

17. 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 of trust without an honest in its truth.