2 x CCJ's that i was not aware about

Zbubuman

Hi all

After some advice please. Just had some referencing done recently and found out that I have 2 CCJ issued against my name for an old address. To make a long story short, they are for 2 x PCN stating permit was not displayed, suspect fell in the footwell.  Problem is vehicle was a total loss shortly after we moved to the new address, so I did not update DVLA and appears the fines and service were issued to the old address. 

With regards to the old address, this was a block of flats and due to rogue parking, the managing agents contracted UK PCN to manage the parking areas. Permits were issued to all residents. We lived there for around 8 years ( scheme was introduced mid way through our tenancy). We had issues in the beginning of the scheme where fines were being imposed before we even received the permits through the post, but we wrote to the agents at the time and got these cancelled. So I am hopeful that I can write to them again and maybe get confirmation that it was within our rights to use the parking areas and we were in possession of valid parking permits at the time. 

Both CCJ's are approximately for £300, so not sure whether to apply to set aside or whether to pay the B*stards and negotiate to have them approach the court to have them removed from the record. 

Any advice would be helpful 

Coupon-mad

Definitely do what is stated in the newbies thread. First is the email suggested by a solicitor to get THEM to pay for the set aside.

Zbubuman

Thanks Coupon-mad, I will start with that.  Incidentally I had a look through my filing and found that Gladstones did send an LBA to my current address back in 2021.States that they wrote to me at an alternate address, but Experian has now produced a new address. Did not have any details of the PCN, just that the original PCN was £60 and now i owe them £160. 

i admit that i assumed it was a scam and ignore this letter. 

Does this strengthen the case, since it demonstrates that they had an up do date address but still chose to serve on the old address?

Coupon-mad

Yes.

But it was a huge mistake of yours, not to reply and confirm your address.  Massive error. I've no idea why so many people don't think: "It looks like a scam but, hang on, they are threatening court and they still hold my old address as well.  I need to stop them sending a claim there. I'll reply to look reasonable and to make sure they use this address only".

Too late now but that's what caused this.

Zbubuman

Hanging my head in shame at the moment. Checking the LBA, it did not mention my old address or any other details at all, just that i owe them money and here is how to pay it. Hence why i assumed it was a scam. 

Anyways, I need to call the courts again tomorrow as apart from basic detail given on the phone. I still haven't got copies of the CNF. However, assuming i can get hold of them tomorrow or early next week. I have prepared the below.

Dear Sirs,

UK CAR PARK MANAGEMENT LIMITED (THE ‘CLAIMANT’)  V [                        ] CLAIM REFERENCE [             ]

On 4 February 2024, following a recent credit check I was informed of an outstanding county court judgement issued on xx/xx/xxxx. This came as a tremendous shock as no communication or correspondence was received from the Claimant or any organisation representing the Claimant in relation to this claim.   

I made immediate enquiries of the CNBC from which I was able to establish that:

1.       the claim relates to an alleged parking event in XXXXXXXX;

2.       the claim form was sent to an old address at which I no longer reside; and

3.       if I had been given the opportunity to do so, I would have successfully defended the claim.

I did not receive any pre-claim correspondence, not even a letter of claim as required by the PAP. Nor did I receive the claim form or any particulars of claim and was thus deprived of the ability to defend the claim. The Claimant is well aware that people move home from time to time. They also know that I did not respond to any communications sent to me at my old address.

This situation is explicitly dealt with in the Civil Procedure Rules which provide at CPR 6.9(3):

 (3) Where a claimant has reason to believe that the address of the defendant … is an address at which the defendant no longer resides or carries on business, the claimant must take reasonable steps to ascertain the address of the defendant’s current residence or place of business (‘current address’).

The Claimant is a member of the British Parking Association (the ‘BPA’) and is bound by the BPA’s Code of Practice which gives voice to CPR 6.9(3) in the following terms:

 24.1c Before serving a Letter Before Claim and prior to the issue of proceedings, Operators must, if no responses have been received to the NTD/NTK/reminder letters, take reasonable endeavours to ensure that the contact details for the person you are writing to are correct.

 If the Claimant had taken the actions required by the Civil Procedure Rules and the Code of Practice, my current address would have been found easily, and I would not have been deprived of the ability to defend the claim.

By reason of the Claimant’s breach of the Civil Procedure Rules, which amounts to an abuse of the process of the Court, the claim form was never properly served and the judgment must be set aside at the Claimant’s expense and the claim dismissed because it is now too late for the particulars of claim to be re-served.

In view of the foregoing, I invite the Claimant to join with me in an application to set aside the judgment and dismiss the claim, with the Claimant paying the court fee and no order as to costs.

Please respond to the above offer as soon as possible so that, if the offer is acceptable to the Claimant, we can work together to right the wrong that the Claimant has done to me.

To give you a reasonable time to take instructions and for us to agree a suite of documents for the Court, I am willing to defer making a unilateral application to set aside the judgment until 4 pm on 19 April 2024. If a joint application has not been made by that time, I intend to instruct a solicitor to apply to the Court unilaterally for an order setting the judgment aside, striking out the particulars of claim, dismissing the claim and awarding costs against the Claimant on a full indemnity basis.

Please respond by immediate return.

Yours faithfully,

cc DCBL

Coupon-mad

UKCPM are not a BPA AOS member.

Why copy in DCBL? Ignore them.

Remove this:

"not even a letter of claim as required by the PAP."

Zbubuman

bit confused because it says that they are members of bpa on their website?

Coupon-mad

Please read the Q&A at the very start of the NEWBIES thread.  This is one of the Q&A.

Zbubuman

Thanks Coupon, I had a better read yesterday. I have now received the particulars from the court.

THE DRIVER OF THE VEHICLE WITH REGISTRATION  XXXXXXX (THE 'VEHICLE') PARKED IN BREACH OF  THE TERMS OF PARKING STIPULATED ON THE       SIGNAGE (THE 'CONTRACT') AT XXXXXXX,  ON 28/09/2019  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 DEMANDSBEING 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 £54.62 PURSUANT TO S69 OF THE COUNTY      COURTS ACT 1984 AT 10.25% PER ANNUM,         CONTINUING AT £0.05 PER DAY.   

THE DRIVER OF THE VEHICLE WITH REGISTRATION  XXXXXX (THE 'VEHICLE') PARKED IN BREACH OF  THE TERMS OF PARKING STIPULATED ON THE       SIGNAGE (THE 'CONTRACT') AT XXXXX,  ON 09/10/2019  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 DEMANDSBEING MADE, THE DEFENDANT HAS FAILED TO      SETTLE THEIR OUTSTANDING LIABILITY. THE      CLAIMANT CLAIMS                              £90 FOR THE PCN, £70.00 CONTRACTUAL COSTS    PURSUANT TO THE CONTRACT AND PCN TERMS AND   CONDITIONS, TOGETHER WITH STATUTORY INTEREST OF £21.66 PURSUANT TO S69 OF THE COUNTY      COURTS ACT 1984 AT 8.00% PER ANNUM,          CONTINUING AT £0.04 PER DAY.         

After researching a bit on the forum, it appears they have done their usual mistakes of not specifying what the contravention was, overcharging etc. I will apply to have these set aside, but have a few questions and would appreciate your input.

1. These PCN's were less than 14 days apart. Why did they initiate 2 court cases Couldn't they group them into 1? Would this be something worth mentioning to the judge? I am assuming that I will have to send 2 separate applications to have these set aside.
2. I need to check my records as to which claim it applies to, but the LBA i mentioned earlier states £60pcn and £100 contractual costs, so this is in contradiction to the £100/£70 or £90/£70 they are now mentioning in the claim.
3. I have taken out "not even a letter of claim as required by the PAP." as suggested. Do I also take out the statement which says the claimant is a member of BPA ( since obviously they are not)?
3. Lastly the letter is worded as if meant to be the sent to the solicitors, however on the newbie guide it is suggested to send direct to the claimant! Do i send to the solicitors, the claimant or both? 

Apologies for the barrage of questions, but this is all new to me and want to ensure to get things right.                                                 

Coupon-mad

1. These PCN's were less than 14 days apart. Why did they initiate 2 court cases Couldn't they group them into 1? Would this be something worth mentioning to the judge? I am assuming that I will have to send 2 separate applications to have these set aside.

Yes. Search the forum for:
Henderson doctrine cause of action estoppel


2. I need to check my records as to which claim it applies to, but the LBA i mentioned earlier states £60pcn and £100 contractual costs, so this is in contradiction to the £100/£70 or £90/£70 they are now mentioning in the claim.

No the LBA did not have either PCN at £60. 


3. I have taken out "not even a letter of claim as required by the PAP." as suggested. Do I also take out the statement which says the claimant is a member of BPA ( since obviously they are not)?

You change it to quote from the IPC CoP.


3. Lastly the letter is worded as if meant to be the sent to the solicitors, however on the newbie guide it is suggested to send direct to the claimant! Do i send to the solicitors, the claimant or both?

Send it to Elms and add a sentence warning them NOT to fake a Consent Order later - read the thread by @Khayman

Zbubuman

Thanks Coupon. i have amended the letter as follows. 

I did not receive any pre-claim correspondence, nor did I receive the claim form or any particulars of claim and was thus deprived of the ability to defend the claim. The Claimant is well aware that people move home from time to time. They also know that I did not respond to any communications sent to me at my old address.

This situation is explicitly dealt with in the Civil Procedure Rules which provide at CPR 6.9(3):

 (3) Where a claimant has reason to believe that the address of the defendant … is an address at which the defendant no longer resides or carries on business, the claimant must take reasonable steps to ascertain the address of the defendant’s current residence or place of business (‘current address’).

The Claimant is a member of the International Parking Community (the ‘IPC’) and is bound by the IPC’s Code of Practice..

 If the Claimant had taken the actions required by the Civil Procedure Rules and the Code of Practice, my current address would have been found easily, and I would not have been deprived of the ability to defend the claim.

By reason of the Claimant’s breach of the Civil Procedure Rules, which amounts to an abuse of the process of the Court, the claim form was never properly served and the judgment must be set aside at the Claimant’s expense and the claim dismissed because it is now too late for the particulars of claim to be re-served.

In view of the foregoing, I invite the Claimant to join with me in an application to set aside the judgment and dismiss the claim, with the Claimant paying the court fee and no order as to costs.

Please respond to the above offer as soon as possible so that, if the offer is acceptable to the Claimant, we can work together to right the wrong that the Claimant has done to me.

To give you a reasonable time to take instructions and for us to agree a suite of documents for the Court, I am willing to defer making a unilateral application to set aside the judgment until 4 pm on 19 April 2024. If a joint application has not been made by that time, I intend to instruct a solicitor to apply to the Court unilaterally for an order setting the judgment aside, striking out the particulars of claim, dismissing the claim and awarding costs against the Claimant on a full indemnity basis.

You are hereby warned NOT to fake a consent order with the court at a later stage.

Please respond by immediate return.

Yours faithfully,

Replaced the BPA with IPC - couldn't find any specific clauses in their cop about ensuring they have correct address when serving, so left it blank.

Gladstones are the solicitors on this one, but I have added the fake consent bit anyway. From what im reading they all use the same dodgy tactics.

With regards to the henderson estoppel, if i am understanding this correctly. I have to apply for 2 separate hearings to set aside ( 2 forms and 2x£275), but in the defense of the 2nd hearing i include the Henderson Estoppel?