Do I have an adequate defense for Set Aside WITHOUT conset?

Coupon-mad

The Claimant is not & never would be Empira (nor Gladstones).

I also qualify for income support, and so can get the court fee paid. Is it still worth me asking the claimant to pay for the court fees? 

No.  So remove 2c.

Your Draft Order refers to a company called Civil Enforcement Ltd. Why?  You mentioned a completely different PC 'Local Parking Security'.

Are they in the IPC AOS? Or BPA AOS? I don't know.  I'm asking if you checked already.

TerryDown

Le_Kirk said:

I understand that the Claimant obtained a Default Judgment against me as the Defendant on XX May 2023. I am aware that the Claimant is the dept debt collection agency Empira and that the assumed claim is in respect to an unpaid Parking Charge Notice from from Local Parking Security on the XX May 2022. This was then sold to Gladstones Solicitors Who issued a PCN on the XX/XX/2023, this eventually was passed onto Empira to become the CCJ.

It is a debt collection agency (DCA)!  Are you sure about who was the claimant and who issued the N1 court claim form?  A CCJ is issued by a court/judge, not a DCA.  Also are you sure it was "sold on"?

I'm not certain to be honest, I know the chain was:

1. Local Parking Security

2. Gladstones
3. Empira

I received a text from Empira stating they will remove my goods for sale at auction if I dont pay soon, so assumed they were the ones to get a default judgment. There is no other info on my credit report other then the civil national business centre issuing the judgement, i suppose i can ask for a copy from the registry trust or cnbc? Would it be worth it?

Coupon-mad

No, I've already advised you which firms the Claimant wasn't.  It's obviously the parking firm, not a third party.

TerryDown

Coupon-mad said:

The Claimant is not & never would be Empira (nor Gladstones).

I also qualify for income support, and so can get the court fee paid. Is it still worth me asking the claimant to pay for the court fees? 

No.  So remove 2c.

Your Draft Order refers to a company called Civil Enforcement Ltd. Why?  You mentioned a completely different PC 'Local Parking Security'.

Are they in the IPC AOS? Or BPA AOS? I don't know.  I'm asking if you checked already.

OK will do

Thats my mistake, the template was Civil Enforcement Ltd. i copied it over by mistake. the PPC in my case was Local Parking Security Ltd. By the looks of the brochure they are a member of the BPA and IPC. I found them listed on the IPC website too

https://www.localparkingsecurity.co.uk/uploads/ck_files/files/LPS CAR PARK MAMANGEMENT A5 8PP _new.pdf

Coupon-mad

No they can't be in both AOS.

My question was specifically:

"Are they in the IPC AOS? Or BPA AOS?"

Not 'are they a BPA member'.  Many are.

I was merely checking that you've checked which AOS they are in, and are content that you are quoting the right AOS Code of Practice.

TerryDown

Coupon-mad said:

No, I've already advised you which firms the Claimant wasn't.  It's obviously the parking firm, not a third party.

Can you help me understand why this is? As I received a text from Empira saying they are enforcing a judgement. Does this mean Local Parking security got a default judgement, and then it went to Gladstones and eventually Empira? 

Also I have requested a SAR from local parking, waiting to hear back 

Coupon-mad

TerryDown said:

Coupon-mad said:

No, I've already advised you which firms the Claimant wasn't.  It's obviously the parking firm, not a third party.

Can you help me understand why this is? As I received a text from Empira saying they are enforcing a judgement. Does this mean Local Parking security got a default judgement, and then it went to Gladstones and eventually Empira? 

Yes, that's how it works.

Except:
Gladstones were involved at pre-action stage and got the CCJ for the Claimants.  The 'claimants' are obviously the parking firm who offered the contract on signs.

TerryDown

Coupon-mad said:

No they can't be in both AOS.

My question was specifically:

"Are they in the IPC AOS? Or BPA AOS?"

Not 'are they a BPA member'.  Many are.

I was merely checking that you've checked which AOS they are in, and are content that you are quoting the right AOS Code of Practice.

Thankyou, yes they are in the BPA AOS

Coupon-mad

OK - so why does your submission talk about the (wrong trade body) IPC CoP?

TerryDown

Coupon-mad said:

OK - so why does your submission talk about the (wrong trade body) IPC CoP?

OK, will get that changed soon. 

I heard back from local parking security. It was an ANPR job and I was in the car park for less then 15 minutes so I think the "sufficient time to decide to park" will be a big part of my case. Will add this info in with relevant arguments from around the forum as I now have all the info