Challenge Default Judgement : Premier Park Drop Case. Counterclaim denied.

stuart_c2023

Had my set aside hearing with Judge in Plymouth this morning.

Nobody from Premier Park / Gladstones had acknowledged the court date let alone attended.

Judge set aside the CCJ and awarded me costs for the appeal.

Now have to prepare a Defence Statement for a potential small claims action by Premier Park at the Plymouth Court and for potential counterclaim. Will add details when get the written judgment.

Coupon-mad

Counterclaim?  There's no counterclaim.

Glad it was set aside AND costs awarded!

Normally the Judge only gives you 14 days to defend.  Is he/she ordering that they send you a copy of the Claim first? What exactly was ordered?

stuart_c2023

I have to submit Defence to the Plymouth court and Gladstones by Feb 12th along with any claim for costs (sorry counterclaim wrong terminology) for a hearing no earlier than March 26th.

Judges summing up referenced strong evidence for a defence so will be interesting to see what Gladstones do now presented with £275 bill 

Coupon-mad

 Very good. So you know what to do.

Show us your draft defence and get it in sooner rather than later (this week, with the Costs assessment) or Gladstones will just discontinue and run away.

DON'T wait for the court to send this in writing.

stuart_c2023

I have pulled my witness statement evidence into the Defence standard format .

https://www.dropbox.com/scl/fi/x8x404ctm5oj38xbb5aj4/K8GF1J0W-Defence.pdf?rlkey=opbyrbhntmb8vnop11c0e8yy2&dl=0

I'm happy this would be enough for a reasonable judge to find in my favour

Undecided if I should go into more details about my experience with the CCJ and set aside court appearance in the facts known to the defendant area in support of the costs claim pursuant to CPR46.5 , at risk of causing the judge to state this is matter for myself and CNBC. 

With reference to the costs

(a) standard witness costs for attendance at Court, pursuant to CPR 27.14, 

Should I add my time for the set aside court case and the £275 costs, which have already been agreed here or under the CPR46.5 area in case Gladstones drop the proceedings?

(b) a finding of unreasonable conduct by this Claimant, and further costs pursuant to CPR 46.5.

I could produce a schedule of works showing times I have had to spend defending this case but this has been in my own time so cannot prove loss of earnings.   

Coupon-mad

Should I add my time for the set aside court case and the £275 costs, which have already been agreed here or under the CPR46.5 area in case Gladstones drop the proceedings?

Yes - DEFINITELY YES!

And in the body of your email to the local court and Gladstones, quote the White Book annotation that is seen at the bottom of the Template Defence and say you are concerned that the Claimant has an anecdotal history of discontinuing after CCJ set aside hearings.

Thus, you are grateful to the Judge for reserving these costs which you understand will become payable (subject to the court being satisfied with the attached assessment) without need for a further application, even if the Claimant discontinues.

Coupon-mad

"The Defendant is unable, on the basis of the POC, to understand with certainty..."


Have you ever seen the POC? The claim wasn't served, so if you only got to finally see the POC from the CNBC by email you should state that.

Or did the C furnish you with a copy of it?

stuart_c2023

The POC was part of Claim Form from CNBC, which is all I have received since first PCN letter apart from the standard Debt Recovery Plus letters with no detail.. I'll amend to that effect, thanks

Particulars of Claim

The driver of the vehicle with registration KIJI 8SDZ (the 'Vehicle') parked in breach of the terms of parking stipulated on the signage (the 'Contract') at BRANSCOMBE BEACH CAR PARK BRANSCOMBE (ANPR) - BRANSCOMBE, DEVON, EX12 3DP, on 28/09/2022 thus incurring the parking charge (the 'PCN'). The PCN was not paid within 28 days of issue. The Claimant claims the unpaid PCN from the Defendant as the driver/keeper of the Vehicle. Despite demands being made, the Defendant has failed to settle their outstanding liability, THE CLAIMANT CLAIMS £100 for the PCN, £70.00 contractual costs pursuant to the Contract and PCN terms and conditions, together with statutory interest of £15.12 pursuant to s69 of the County Courts Act 1984 at 10.25% per annum, continuing at £0.05 per day

Coupon-mad

As you saw in para 3 of the Template Defence, with those POC you are meant to use the linked defence.  I won't link it here.  It is linked within the Template Defence itself which explains which defence to use when you have POC that fail to specify the breach.

stuart_c2023

Thanks again, I have updated document accordingly. 

https://www.dropbox.com/scl/fi/lsk1y0i1s5g0jn8mszoe9/K8GF1J0W-defence.docx?rlkey=zewf4m930vgnf90huvl92vy75&dl=0