Need Help with Parking Fine Court CCJ: N244 Form, Witness Statement, Draft Order

Takata

Hello Forum Members,

I'm reaching out for assistance with a challenging situation regarding a parking fine court CCJ (County Court Judgment). Here's the backstory:

Between August 2022 and April 2023, I resided in an apartment that included a designated parking spot, as outlined in my lease agreement. However, during this period, I received approximately 12 parking tickets from UKPC/DCB Legal within the same parking spot. All for not displaying a permit; it was in the vehicle, just dropped a little I believe..

DCB Legal issued small claims proceedings in June and July 2023. I had since left the apartment. These were sent to my address prior to living in the apartment. I had sold the vehicle in question in June 2023 also.

The 12 PCNs had been divided into 3 court claims, all issued within a month. The first claim was for 1 PCN, the 2nd for 10 PCNs, and the 3rd for a single PCN 

Despite no longer living at the address they were issued at, I still got hold of the letters from the current resident and responded to MCOL claims with acknowledgement. I had read many threads on here and was confident with my defence.

I posted the defence to CNBC/MCOL as the character limit on MCOL was not enough for my defence. For 2 of the cases, I don't think MCOL received the posted defences as I have received a judgement in default. For the 3rd case, I have received notice that a defence has been received (yet to hear back from DCB Legal to pursue any action).

I only realised this had gone to a default judgement as I got an alert via email saying my credit report had changed and a CCJ had been issued. I immediately emailed the courts about 10 times over the course of a week with no reply back except the general message indicating it may take 8 weeks for a reply. I believe the judgments had been issued on 30/8/23 and 15/11/23.

I want to apply for the judgement to be set aside.

I'm seeking guidance on completing an N244 form, drafting a witness statement, and preparing a draft order to present my case effectively in court. Any advice, insights, or support you can offer would be greatly appreciated.

Here are the key points I'm relying on for my appeal and to type onto a witness statement:

• Wrong Address: I've moved house twice during this period, and the claims were sent to an outdated address. The claimant should have conducted a soft check or utilized other sources to ensure the correct address was used.

• DVLA Reliability: The DVLA (Driver and Vehicle Licensing Agency) is not always a reliable source for obtaining addresses, especially considering my address changes. A soft search could have been more accurate.

• Multiple Court Cases: Despite receiving 12 tickets, the claims were divided into three separate court cases, causing unnecessary paperwork and confusion.

• Defensive Efforts: I made diligent efforts to defend myself, acknowledging claims through MCOL and submitting defenses via post, as the character limit on the online platform was insufficient.

• Four Months Dead: As per Boxwood Chan, could I apply this and have the judgments thrown out?

• Lease Agreement: I held a lease that explicitly granted me the right to use the parking spot, with no financial loss to any other party.

Thank you all in advance for your assistance

Coupon-mad

Yes and CEL v Chan.  I think that case features in the most recent CCJ set aside case linked in the 2nd post of the NEWBIES thread.

Takata

Thank you! 

Would the fact that I initially received the claim forms from the current occupier of my first address, and the fact I had done an acknowledgment of claim on MCOL, put me in a weak position? 

Would a judge understand that I didn’t receive any further information after I submitted my defence via post?

Bearing in mind, DCB have sent me 3 court claims, and one currently has the defence received, all done the same way. 

I have moved twice since the address they have sent the paperwork too. I can prove this with a lease and mortgage for the next property. 

Coupon-mad

All sounds like a very clear culmination of 'good reasons' to set aside the CCJs under Cpr 13.3