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

TerryDown

Have made some changes according to comments, thought it might be more helpful to just post what I have modified. I'm a little unsure if the last line, before the statement of truth is appropriate? Should I add anything else? Or take anything away?

4. 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 Local Parking Security and that the assumed claim is in respect to an unpaid Parking Charge Notice on the XX May 2022. This was then passed onto Gladstones Solicitors Who issued a PCN on the XX/XX/2023, this eventually was passed onto Empira to become the CCJ.

...

22. Considering the above, I was unable to defend this claim. I believe that the Default Judgment against me was issued incorrectly and thus should be set aside, furthermore I will go on to defend the claim as I never actually used the car park where I have alleged to have parked. 

Order dismissing the claim

 23 I further believe that the original Claim by the Claimant has no merit and should thus be dismissed.

24 Firstly at the time of the alleged incident, I drove into the car park, and, after hunting around at night time I found a sign, then, realizing the high cost, removed myself from the car park within 15 minutes. The BPA Code of practice 13.1 states: “The driver must have the chance to consider the terms and conditions before entering into the ‘parking contract' with you.” and “You must provide them with a reasonable consideration period to leave, before the driver can be bound by your parking contract. The amount of time will vary dependant on site size and type but It must be a minimum of 5 minutes.

25 According to the ANPR log, on the XXth of May 2022 the vehicle with which I am registered entered the car park at XXXX and left at XXXX (Evidence F), totalling <15 minutes. I assert this a ‘reasonable amount of time’ to locate, read, understand and then make the decision to leave the car park. It was dark at this time, this car park is in a forest, locating and reading signs was not a quick task. I was therefore not given adequate time to ‘consider the terms’, and, despite my honest intentions to leave the car park, have still been fined, and now county court judged.

Statement of Truth

B789

TerryDown said:

4. 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 Local Parking Security and that the assumed claim is in respect to an unpaid Parking Charge Notice issued on the XX of May 2022. This was then passed onto Gladstones Solicitors Who issued a PCN on the XX/XX/2023, this eventually was passed onto Empira to become the CCJ.

...

22. Considering the above, I was unable to defend this claim. I believe that the Default Judgment against me was issued incorrectly and thus should be set aside. Furthermore I will go on to defend the claim as I never actually used the car park where I have alleged to have parked. 

Order dismissing the claim

 23 I further believe that the original Claim by the Claimant has no merit and should thus be dismissed.

24 Firstly a At the time of the alleged incident breach of contract, I drove had driven into the car park, and, after hunting around at night time in the dark, I found a sign,. Having read the details on the sign and then, realizing realising the high cost,I removed immediately departed myself from the car park within 15 minutes. The BPA Code of practice 13.1 states: “The driver must have the chance to consider the terms and conditions before entering into the ‘parking contract' with you.” and “You must provide them with a reasonable consideration period to leave, before the driver can be bound by your parking contract. The amount of time will vary dependant on site size and type but It must be a minimum of 5 minutes.

25 According to the ANPR log, on the XXth of May 2022 the vehicle with which I am registered entered the car park at XXXX and left at XXXX (Evidence F), totalling <15 minutes. I assert this a ‘reasonable amount of time’ to locate, read, understand and then make the decision to leave the car park. It was dark at this time, as this car park is located in a forest. Locating and reading signs was not a quick task under those conditions. Therefore, I was therefore not given adequate time to ‘consider the terms’, and, despite my honest intentions to leave the car park, I have still been was fined issued a Parking Charge Notice, and now county court judged subsequent default judgment.

Statement of Truth

Just a few suggestions are highlighted above. Gladstones did not issue the PCN, LPS did. Empira were just debt collectors and not a party to the claim so no need to mention them.  Gladstones issued the claim on behalf of their clients, LPS.

You really need to get your head around who does what and why.

TerryDown

B789 said:

TerryDown said:

4. 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 Local Parking Security and that the assumed claim is in respect to an unpaid Parking Charge Notice issued on the XX of May 2022. This was then passed onto Gladstones Solicitors Who issued a PCN on the XX/XX/2023, this eventually was passed onto Empira to become the CCJ.

...

22. Considering the above, I was unable to defend this claim. I believe that the Default Judgment against me was issued incorrectly and thus should be set aside. Furthermore I will go on to defend the claim as I never actually used the car park where I have alleged to have parked. 

Order dismissing the claim

 23 I further believe that the original Claim by the Claimant has no merit and should thus be dismissed.

24 Firstly a At the time of the alleged incident breach of contract, I drove had driven into the car park, and, after hunting around at night time in the dark, I found a sign,. Having read the details on the sign and then, realizing realising the high cost,I removed immediately departed myself from the car park within 15 minutes. The BPA Code of practice 13.1 states: “The driver must have the chance to consider the terms and conditions before entering into the ‘parking contract' with you.” and “You must provide them with a reasonable consideration period to leave, before the driver can be bound by your parking contract. The amount of time will vary dependant on site size and type but It must be a minimum of 5 minutes.

25 According to the ANPR log, on the XXth of May 2022 the vehicle with which I am registered entered the car park at XXXX and left at XXXX (Evidence F), totalling <15 minutes. I assert this a ‘reasonable amount of time’ to locate, read, understand and then make the decision to leave the car park. It was dark at this time, as this car park is located in a forest. Locating and reading signs was not a quick task under those conditions. Therefore, I was therefore not given adequate time to ‘consider the terms’, and, despite my honest intentions to leave the car park, I have still been was fined issued a Parking Charge Notice, and now county court judged subsequent default judgment.

Statement of Truth

Just a few suggestions are highlighted above. Gladstones did not issue the PCN, LPS did. Empira were just debt collectors and not a party to the claim so no need to mention them.  Gladstones issued the claim on behalf of their clients, LPS.

You really need to get your head around who does what and why.

Thankyou for the help, yeah your totally right. Don't want to be clueless in front of the judge

TerryDown

I have added in the following statement to help get across my delay in acting as promptly as they expect (discovery to n244 form submission has taken 1 month and 5 days) and just generally if I have not followed processes to the letter. This is what I've drafted, it fits into my statement after talking about the default judgement and before the sequence of events. Is this kind of statement looked upon kindly? Worth putting in?

10. In addition to the above, it should be highlighted that I do not have experience with the law. I have done my upmost to comprehend the situation clearly and carry out the required action in a prompt manner. In addition my integrity and law-abiding intention should be obvious on the basis that:

B789

That should be OK. However, there are many other WS you can search for (use recent ones) that have something you can adapt for your own WS.

Coupon-mad

No such word as upmost.

You mean 'utmost'.

TerryDown

OK I've finally got a hearing! 

I know there is some info in the newbie post about this, but if anyone can give me some pointers to adequately prepare/threads to read that would be fantastic

I think I'll draft some answers to the following potential questions for review as well, would appreciate some pointers with these. Is it better  to be honest and apologise? I don't really have a valid excuse (other then moving every year) and excuses are cheap

Why did you not update your VC5?

Why did you not update your Driving License?

 Thanks

Le_Kirk

I wouldn't be saying your excuse is that you move every year, as a judge could say that you should be well versed in the art of moving and keeping up with the admin!  Is this the set-aside hearing or the defence to the underlying claim?  Anyway, I usually post this for F2F hearings: -

Read and know your defence, witness statement and evidence inside out, make yourself a crib sheet so that, if you are given a chance by the judge to talk, you can make sure you get across ALL your points.  Make sure your crib sheet contains pointers from your WS to the evidence page and paragraph. Be there early in case the cases in front of you move up the queue and also to allow time for security checks etc.  Do not allow yourself to be sidetracked into a room so that a well-dressed lawyerly type can "have a few words".  Do not accept any bits of paper.  Have a spare copy of your witness statement in case the claimant tries the "we did not receive the defendant's WS" trick!  Be polite and do not talk over the judge, address the judge as "Judge" even if a lady judge and finally - good luck.  Don't forget, when you win, to ask for your costs.

Coupon-mad

TerryDown said:

OK I've finally got a hearing! 

I know there is some info in the newbie post about this, but if anyone can give me some pointers to adequately prepare/threads to read that would be fantastic

I think I'll draft some answers to the following potential questions for review as well, would appreciate some pointers with these. Is it better  to be honest and apologise? I don't really have a valid excuse (other then moving every year) and excuses are cheap

Why did you not update your VC5?

Why did you not update your Driving License?

Just read the 6 or so thread examples (username links) in the CCJ set aside part of the NEWBIES thread. Some were asked that. Some weren't. Read what they said.  That's why they are there; for people in your shoes to gain confidence from.

You should also now send a supplementary WS adding CEL v Chan (search the forum) if you didn't adduce that transcript in September.

That case was an appeal after a wrongly denied set aside application, and taking your Judge to read it can see whole claims fall.

TerryDown

Had my hearing, happy to report my case has been SET ASIDE!!!

I did lots of preparation, but in my case the judge did not really let me say much, and the witness statement contained all the details. They did not want to check any details or verify my story, they were happy that as it was sent to an old address the case must be set aside. Unfortunately the judge was not willing to strike out the case on the spot, but said that any additional defence aside from the WS given is likely not needed for the next hearing as my case is fairly simple, but "you must submit what you think is appropriate"

It basically boils down to me being in the car park for 13 minutes, I have some reasons as to why it took this long to eventually leave (unclear signs, no lights, very large forested car park). But this is more or less what the whole case is based upon.

Along with the BPA code stating a grace period of at least 5 minutes must be given, and the letter between the PPC and the landowner stating that a grace period of 10 minutes must be given

The claiment of course did not attend, so I see no reason why they would attend next hearing. Hopefully they will discontinue and spare us all the effort.

The only thing I did say that made a difference was to ask for costs to be reserved, will this make the claiment think twice about abondoning the case?

Either way I'm very relieved, thankyou for all the help, you've all made a massive difference to mine, and my partners lives. This CCJ was stopping us from moving out into something more appropriate for two, we can start looking at houses again now!