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

stuart_c2023

Hi all, newbie with a new variant on the theme.

Premier Park issued a Parking Violation Notice for an alleged offence on 28/09/22 at their Branscombe Beach car park in Devon based on ANPR evidence.

I appealed the parking violation notice on 10/10/2022 within the stipulated period of receiving the notice providing photographic evidence that I did not park within the car park as alleged.

Although the car park number plate recognition camera images show me passing through the car park entrance I did not park in it, as was visiting the South West Water Wastewater Treatment Plant located to the north of the car park to carry out a survey.

Location of the site is 50.68915939 -3.12585068

which you will see from tfrom Google Maps can only be accessed by vehicle by driving through the Car Park. I appended photos which show my car parked within the SWW compound and leaving the compound by access track.

Also sent Screenshot of datestamped photos which show I was surveying the SWW site in the time that parking .

Premier Park sent an email on 26/10/22 rejecting my appeal on basis that the Automatic Number Plate Recognition images of my car entering and leaving site did not correspond with a payment and that appeal process was closed. This ignores the evidence that I had provided that I did not stop in the car park but proceeded to drive through it to land owned by South West Water and is based on an automated system only.
They did at this point offer to settle for £20, which I took as them trying their luck so ignored. I since received letters from Debt Recovery Plus who have no means of response but telephone numbers leading to methods to pay, so ignored.

On 12/09/23 I received Claim from Gladstones through CNBC .I registered to moneyclaim.gov.uk with intention to provide defence information. When compiling it became evident that there is no method to attach supporting documents so I returned a printed copy of N9SDT response pack with supporting documentation 21/9/23.

I received a Default Judgement to the Claim on 16/10/23 in favour of the claimant on the basis that I had not replied to the claim. I believe this to be in error as the response history on the moneyclaim.gov.uk portal indicated that the latest document is Defence indicating my hard copy was received.

My first question is can I challenge the default judgment under CPR13.2(a) as condition 12.3(a)t he defendant has not filed an acknowledgment of service or a defence to the claim (or any part of the claim) has not been met just by submitting an email or do I have to go down the Set Aside / N244 route? Conscious that clock is ticking if don't file for Set Aside?

 

stuart_c2023

IN CIVIL NATIONAL BUSINESS CENTRE

Claim No. xxxx

BETWEEN:

PREMIER PARK LIMITED

Claimant

– and –

Defendant

xxxx

_________________________________

DRAFT ORDER
_________________________________



Upon reading the defendant’s application dated …25/10/23…………….

It is ordered that:

1. The judgment dated 16/10/23 be set aside.

2. The Claimant do pay the Defendant’s costs of this application on an indemnity basis.

3. Unless the Claimant serves a copy of the Claim Form on the Defendant by 4pm on XXXXXX the claim will be struck out without further order.

4. If the Claimant serves the claim form as directed in paragraph 3 the Defendant shall file and serve a defence by 4pm XXXXXX

5. All enforcement be put on hold pending the outcome of the application.

6. Should the court reserve costs in the case as an alternative to paragraph 2, such costs of this application will become payable if the claimant discontinues it's claim.

stuart_c2023

Started to prepare Draft Order as above based on hours of reading on here if any comme nts would be much appreciated


Fairly happy with the N244 form apart from Q3, which have drafted following

Set aside default judgment under CPR13.2(a) as condition 12.3(a)t he defendant has not filed an acknowledgment of service or a defence to the claim (or any part of the claim) has not been met. If this is not satisfied under Set aside default judgment CPR13.3 based on the defendant has a real prospect of successfully defending the claim.


Q10 I have just ticked the Attached Witness Statement option and left blank
Draft Witness Statement below

IN CIVIL NATIONAL BUSINESS CENTRE

Claim No. xxx

BETWEEN:

PREMIER PARK LIMITED

Claimant

– and –

Defendant

xx

_________________________________

WITNESS STATEMENT OF xxx
_________________________________

I , xxx of xxx, being the Defendant in this case will state as follows;

1. I make this Witness Statement in support of the application for an order that the judgment in this case (Claim No. xxx Judgment dated 16/10/2023) be set aside.

2.     Order for the claimant to pay the defendant £255 as reimbursement for the set aside fee.

3.     Order for the original claim to be dismissed.

 

   SET ASIDE THE DEFAULT JUDGMENT

1. The sequence of events below and evidence appended show that there is a realistic prospect of defence.

      I.         The claimant issued a Parking Violation Notice for an alleged offence on 28/09/22

     II.         I appealed the parking violation notice on 10/10/2022 within the stipulated period of receiving the notice providing photographic evidence that I did not park within the car park as alleged.

   III.         Figure 06 appended shows Online Appeal which stated “Although the car park number plate recognition camera images show me passing through the car park entrance I did not park in it, as was visiting the South West Water Wastewater Treatment Plant located to the north of the car park to carry out a survey.

Location of the site is 50.68915939 -3.12585068

which you will see from the attached location from Google Maps can only be accessed by vehicle by driving through the Car Park.

Appended photos show car xxx parked within the SWW compound and leaving the compound by access track.

Screenshot of datestamped photos show I was surveying the SWW site in the time that parking offence is alleged to have occurred“

 

  IV.         The Claimant issued an email on 26/10/22 rejecting my appeal on basis that the Automatic Number Plate Recognition images of my car entering and leaving site did not correspond with a payment and that appeal process was closed. This ignores the evidence that I had provided that I did not stop in the car park but proceeded to drive through it to land owned by South West Water and is based on an automated system only.

 

2    I received a Claim No xxx dated 12/09/23 to which I registered to moneyclaim.gov.uk with intention to provide defence information. When compiling it became evident that there is no method to attach supporting documents so I returned a printed copy of N9SDT response pack with supporting documentation as appended on 21/9/23.

3    I received a Default Judgement to the Claim on 16/10/23 in favour of the claimant on the basis that I had not replied to the claim. I believe this to be in error as the response history on the moneyclaim.gov.uk portal indicated that the latest document is Defence indicating my hard copy was received.

 

4 I therefore respectfully request that based on the evidence provided the Court sets aside the judgment in this claim and allows 14 days for me to submit my defence.

Statement of Truth

I, xxx, the Defendant, believe the facts stated within this Witness Statement to be 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.

Signed: ________________________________

Dated: ________________________________

KeithP

stuart_c2023 said:

I received a Default Judgement to the Claim on 16/10/23 in favour of the claimant on the basis that I had not replied to the claim. I believe this to be in error as the response history on the moneyclaim.gov.uk portal indicated that the latest document is Defence indicating my hard copy was received.

I believe that you should simply be complaining to the CNBC that they have made a mistake. Clearly if their systems show that a Defence was received within the given timescale and a Default Judgment has been made on the basis that no Defence was received, then they need to get that corrected without you having to jump through too many hoops.

Coupon-mad

Yes just email the CNBC.  No draft Order.

Read the thread by @jag_run in full.

stuart_c2023

Thanks for the advice to date

Six attempts to  CCBCAQ@Justice.gov.uk over last three days all in working hours with no acknowledgement.

Saw on another case use of HMCTS Investigations Team through email below to escalate. Presumably this is next step?

customerinvestigations@justice.gov.uk 

Grizebeck

Try a different email account

stuart_c2023

Wonderful,

Received letter in post from Civil National Business Centre saying my hard copy defence repsonse wasn't received until 19/10/23.  Suspect it was sat in their in tray and only just noted after my emails started landing but my mistake for relying on post and them, so now down the N244 route .

Any advice on the Draft Order and Witness Statements would be appreciated.

I now have written statement from South West Water Estates department with land owndership map showing right of way across the car park which I will make note of in a section 1. V

Should I append all the supporting documents that Premier Park have previously ignored in hope that someone at Gladstones will read at this point or wait for full Defence Pack?    

stuart_c2023

I have updated Witness Statement to send with N244 appending the photos which prove I wasn't in the car park as charged for.

Any feedback gratefully received

https://www.dropbox.com/scl/fi/94evhyf0ohbqcquh5sm24/K8GF1J0W-WITNESS-STATEMENT.docx?rlkey=1fdcgpdjo2sqfqfhyjzcqjyku&dl=0

I want to pdf the N244 , Draft Order and Witness Statement and email to CCBCAQ@Justice.gov.uk as using the post has cost me to date.
Presumably they won't accept a scan of postal order so will have to try and pay on the phone following up email? 

UncleThomasCobley

You may be better off paying first and then emailing. They have been known to reject forms and statements without a corresponding payment to reference it to.

UncleThomasCobley

You've left your name and address visible on the WS. Also, have you managed to see the PoC of the original claim? You may be able to get it set aside and struck out at the same time if you can use the CEL v Chan judgment.