My CCJ was set aside. Have now received a Trial date for Sept. Please help me understand this situ

Bennyharvey

I'm looking for help to understand my situation as I have never been in any kind of situation like this before and I'm truthfully quite frightened and overwhelmed by the prospect of a Trial Date!

I received a CCJ for a private PCN for parking in a car park without a permit, however, I did actually have a permit, and (stupidly) it was attached to my rear passenger window (behind driver) because silly me thought that affixing it to my windscreen was an MOT fail. Anyways, it was either deliberately or accidentally missed by the parking warden and I was charged with a Penalty Charge Notice. 

I (perhaps incorrectly) appealed this PCN directly to the company who had issued the PCN: Parking Control Management (UK) Ltd. I explained that I had a permit, I attached a photo of the permit, and I explained that the images provided of my vehicle missed out the window that had my permit affixed. In their defence, the signpost did explain that the permit should be affixed to the windscreen. I emailed the appeal and I did not hear anything further via email or post. I naively thought that of course my appeal would be accepted since I did have a valid permit, it was just on the wrong window. 

However, they apparently contacted me to inform me that my appeal was denied via post (Royal Mail), although I did not receive ANY postal mail regarding the matter WHATSOEVER until I received the CCJ paperwork 6 months later. Now, I'm well aware that this sounds hard to believe but in my town we did actually have significant issues with the postal service due to various issues with the local Royal Mail office. It was documented in local news and it was also reported on by our MP. 

Additionally, I was at the tail-end of a relationship with an abusive ex-partner. I moved out and he WITHHELD my mail for two months. I threatened police and legal action and eventually received my missing postal mail. In hindsight, I absolutely should have contacted the Police sooner, but I was feeling vulnerable and I didn't, sadly. I set up a redirection and changed my addresses and I didn't have any further problems with postal mail. I also thankfully moved to an area where Royal Mail wasn't struggling. It was when I received my missing mail that I became aware an CCJ had been filed against me. 

I completed an N244 form as well as filing for Help With Fees and I had my hearing where my CCJ was thankfully Set Aside. It is from that point onwards where I am struggling to get a grip of the situation. 

Thereafter I submitted a full defence where I included a detailed account of the above including some pieces of evidence to support my case. I also contacted the Claimant to discuss a settlement as well as stating this in my defence. 

Next I received a 'Notice of Allocation to the Small Claims Track (Hearing)'.

And finally, I have now received a Notice of Trial Date for September.

I'm terrified. Where do I go from here?

Gladstone's solicitors is representing the Claimant and I received an email from a legal assistant with the Claimant's completed 'Directions Questionnaire' attached. In it, the Claimant's have answered 'No' to the case being referred to a Mediation service. They've said 'Yes' to it being suitable for the small claims track. They've said 'Yes' to the suitability for determination without a hearing and they've said 'No' to "are there any days within the next six months when you, an expert or a witness will not be able to attend court for the hearing?".

Do I contact them again regarding an out of court settlement?

Should I apply for Legal Aid or similar since I can't afford legal representation?

Should I research Mediation and request that that route is investigated?

Does their last answer suggest they won't attend the trial?

I appreciate that this is an essay. Any advice is appreciated. Thank you. 

Coupon-mad

Thereafter I submitted a full defence where I included a detailed account of the above including some pieces of evidence to support my case.

Good. Please show us that defence as we need to know how to advise you regarding your witness statement, which the Hearing Notice tells you about.

Do I contact them again regarding an out of court settlement?

No. stop trying to pay. No settlement.

You were displaying a valid permit in the rear windscreen, so you were not in breach and will win your case. The CCJ was set aside because the first Judge was convinced you had a defence, don't forget!

Should I apply for Legal Aid or similar since I can't afford legal representation?

No such thing exists in small claims and you don't need a solicitor.  We do this all the time and no poster uses a solicitor and none of rhem have done this before.

Should I research Mediation and request that that route is investigated?

No.

Does their last answer suggest they won't attend the trial?

No.  They'll send a (usually young) legal rep who will be less prepared than you.  Trust me, you'll be OK.

Show us the exact defence you put in. Minus your data.

Bennyharvey

Thank you. When I get home from work I'll send over the defence that I submitted.

Bennyharvey

Here is the defence I submitted with all identifiable information removed: 

INTRODUCTION

I, [Defendant], residing at [Address], am the Defendant in the present case. Following the setting aside of the judgement, I hereby submit my comprehensive defence against the claim lodged by Parking Control Management (UK) Ltd.

RESPONSE TO THE CLAIM AND WITNESS STATEMENT

Circumstances surrounding the PCN

Upon receiving a Penalty Charge Notice (PCN) from the Claimant on [Redacted], I promptly lodged an online appeal on [Redacted]. This action was based on the presence of a valid parking permit within my vehicle, which was positioned in the rear passenger window. The permit's placement on the passenger window - chosen as I was advised not to obstruct my front windscreen with the permit to avoid issues in my upcoming MOT - was clearly visible. This permit, issued through my employment since [Redacted], facilitated my lawful parking at [Address], as substantiated by Exhibit ** - 1. Due to my full-time employment, I had been parking at this location several days a week for my employment since [Redacted], and this incident marked the first occasion I had ever received a PCN.

Appealing the PCN

As I had a valid permit I felt that this was reasonable grounds to appeal therefore I followed the instructions in the correspondence for appeals and received an email acknowledgement of my appeal as shown in Exhibit ** - 2. I did not receive a response to my appeal in postal or email form. My swift action to appeal underscores my eagerness to resolve the matter at the earliest opportunity, clearly indicating that ignoring the correspondence was neither in my interest nor my intention.

Postal Correspondence

The postal service issues in [Location] during [Redacted], as evidenced by several key documents, collectively indicate significant and widespread disruptions in mail delivery. These disruptions were further exacerbated by ongoing postal strikes, adding to the already strained postal services. Additionally, myself and fellow residents of [Address] experienced issues with stolen mail, including finding mail addressed to us discarded in the bins or on the grounds of the property, with the contents stolen. The documents highlighting these postal challenges include Exhibit ** - 3, a letter from my local MP to the Chief Executive of Royal Mail; Exhibit ** - 4, Ofcom's investigation report into Royal Mail's failure to meet delivery targets; and Exhibit ** - 5, an article discussing the serious issues with the postal services in [Location]. Together, these documents provide a comprehensive overview of the postal challenges during this period. Such disruptions offer a credible explanation for why I did not receive critical correspondence from Parking Control Management Ltd and their solicitors. Much of my expected mail was never delivered due to these local postal service issues, compounded by the strikes and incidents of mail theft, and I had to request several resends. The documented systemic issues with the postal service, including widespread strikes, Royal Mail's underperformance, and instances of mail theft at [Address], likely contributed to the delayed or lost delivery of crucial legal documents, thus impacting my ability to adequately respond to the PCN and subsequent legal proceedings. Regarding points 7-9 and points 32-33 of the Witness Statement by [Name] filed on behalf of the claimant, it is stated that a 'Letter Before Claim' was sent to my previous address. However, the significant postal issues in [Location], including the strikes and mail theft incidents at [Address], impeded the receipt of such correspondence.

Personal Circumstances:

In [Redacted], my partner and I planned to move in with his father to save money while we looked into purchasing our first property. To proactively manage my correspondence during this transition, I arranged for a Royal Mail redirection service three weeks prior to our move, intended for the address I was to share with my partner and his father, as confirmed in Exhibit ** - 6. However, due to escalating abuse within the relationship, it became imperative for my safety to urgently find an alternative residence, rendering it untenable to proceed with the original moving plans. Consequently, my mail, which was in the process of being redirected, began arriving at the address where my now ex-partner resided.

Despite initial assurances, my ex-partner later refused to forward my mail, choosing instead to open and unlawfully dispose of it. This not only breached legal boundaries but also significantly obstructed my access to crucial mail, including correspondences relevant to this case. It was only through the threat of police involvement that I was able to retrieve my mail from my ex-partner. I possess further evidence documenting the challenges faced in retrieving my mail from my ex-partner, which I am prepared to present if required.

Upon realising that I could not safely retrieve my mail through my ex-partner, I arranged for a new redirection to my current address, as evidenced in Exhibit ** - 7.

Lack of Alternate Communication Methods by the Claimant

Although Parking Control Management Ltd had my email address from the outset due to my initial appeal, they neglected to use this direct line of communication. Instead, they persisted in using postal mail, a method already demonstrated to be unreliable due to the documented postal service disruptions. Additionally, the Claimant did not utilise any form of tracked or certified mailing options that could have lessened the chances of mail loss or delays, despite being aware of the existing postal difficulties.

Failure to Properly Serve the Claim Form

I dispute the Claimant's assertion that the Claim Form was properly served on me. As of [Redacted], when they submitted the Claim Form to the County Court Business Centre, I had already relocated to a new address. This change of address was communicated to relevant parties, including the DVLA and my bank, to ensure my personal records were up-to-date. Such a significant development highlights the necessity for the Claimant to have undertaken additional diligence to ascertain my current address for service, thereby ensuring the delivery of the Claim Form to the correct location.

Demonstration of Compliance and Good Faith

As an individual dedicated to legal compliance and making a positive societal impact, my extensive involvement in volunteering and community service reflects my commitment to integrity and ethical conduct. The notion of deliberately circumventing parking regulations or disregarding the Penalty Charge Notice (PCN) is contrary to my principles.

The valid parking permit in my vehicle, coupled with my immediate action to appeal the PCN, stands as evidence of my diligent and conscientious handling of this situation.

My engagement in community service, notably with a suicide bereavement charity and my role as a Trustee for a local cat rescue, showcases my sense of community duty. This involvement underscores my respect for legal standards and procedures, countering any suggestion of an intentional disregard for parking rules or the subsequent legal processes.

Settlement Proposal

I reached out to both the Claimant and their representative at Gladstones Solicitors with a settlement proposal, seeking to resolve the matter amicably. Despite acknowledging the complications arising from postal service issues and personal circumstances, and possessing a valid parking permit at the time, I suggested settling by paying the original reduced fine for the PCN to avoid further legal proceedings. However, I have yet to receive any response to my proposal.

CONCLUSION

Considering the unique challenges posed by postal service disruptions, pressing concerns for my personal safety, and the possession of a valid parking permit, I earnestly implore the court to consider these significant factors. At no point was my intention to neglect the Penalty Charge Notice (PCN) or to act in a manner contrary to responsible norms. My aim remains to achieve a fair resolution in this case.

Reflecting on the circumstances outlined, which notably impaired my ability to engage with the Claimant's communications and procedures, I respectfully request the court's understanding and consideration. My approach throughout this process has been to handle the matter with due regard for legal propriety and responsibility. I contend that the issuance of the PCN was unjustified, and my limited response was a direct result of circumstances beyond my control, not a deliberate act of non-compliance.

Coupon-mad

The settlement offer is a bit concerning (uncomfortable for us to read and looks like you accept part of the claim which you DON'T!).

And it reads very much like Chat GPT wrote some overly flowery phrases (sorry but we hate Chat GPT here!) but it is a good stepping stone to now lead to your Witness Statement and evidence before the hearing.

You won't be asked by the court to do a WS bundle, but in your case (post CCJ set aside) YOU SHOULD.

You need a story (your WS is your story of what happened) to present info about the permit and attach a copy of it and any emails that confirm your work on site, or similar evidence of permission. A photo of any permit in the back windscreen would be good evidence too, even if you stage that now with a different piece of paper, merely to demonstrate clear visibility.

If their photos are only 2 or 3 minutes apart, you can also add a link to the consideration period/grace period 'rules' in the IPC Code of Practice and say PCM were in breach.

Proof of appealing would be good as an exhibit too, THEN all the usual exhibits in the a-f list of evidence, as shown in the WS section of the second post of the NEWBIES thread.

Court transcripts of Excel v Wilkinson, etc. ....standard extras like that are needed to help your case and argue against the added false DRA fee of £60 or £70 added by Gladstones.

You realise PCM were outed on Watchdog as rogue traders a while back? No?!
http://parking-prankster.blogspot.com/2015/05/is-it-pcm-uk-who-make-up-stuff-all-time.html?m=1

Oh and please show us a pic of their sign. It's probably in their WS evidence? This is why:
http://parking-prankster.blogspot.com/2016/04/pcm-uk-signage-does-not-create-contract.html?m=1

Oh and is the witness statement by a PCM employee or a Gladstones employee? 

Bennyharvey

Thank you for this advice, I really appreciate it.

I hadn't considered that perspective of the settlement offer. I did that out of desperation as I'd rather pay that fine than have a CCJ! Even if I feel that I don't owe them a penny. I understand what you're saying and I agree. 

Thank you for explaining the WS, I will start work on that. 

I have proof of appealing which I can include. 

Unfortunately I cannot stage that photo now because that car was written off after being damaged in flooding. I have a car in the same colour now, perhaps I could try.

I also cannot access any correspondence regarding the permit itself because the company that I worked for at the time has since been liquidated! The correspondence I did have was in my work emails which I don't have copies of now. However I could contact the company that arranged the permit, perhaps they could help. I still have the original permit in my possession which I can take to court. 

I did not know about the Watchdog & Rogue Traders PCM coverage. I will read up on this  Do I include reference to that in my WS & exhibits? 

I will send a photo of their sign. 

Their witness statement was written by a Gladstone's employee. 

Can I ask what you mean about the court transcripts? I will read up on Excel & Wilkinson. What do you mean about Gladstone's adding a DRA fee?

I should have come here before writing my defence. I didn't know this existed. I'm really grateful for the advice. 

Bennyharvey

here's the sign, it's almost touching the ground!

Bennyharvey

These are the photos they took of my car, (conveniently) excluding the rear window that had the permit affixed.

(I should add that the L plates were for my ex who was learning to drive my car at the time.)

LDast

You keep referring to a "Penalty Charge Notice" and a "fine". Do not use those words as what you received is neither a penalty nor a fine and you won't find those words anywhere in the correspondence. You received a Parking Charge Notice which is a devious attempt by the PPC to distract you from the fact that all it is is a speculative invoice from an unregulated private parking company.

Regarding the Claimants WS, if it signed by anyone other than an employee of the Claimant, such as a legal representative of the solicitor representing the Claimant then you need to add the following paragraph under a subheading:

Preliminary Matter: The claim should be struck out

#. I respectfully bring to the Court's attention that the Claimant's Witness Statement, signed by [Paralegal or Solicitor's Name] of [Solicitor Firm name] Solicitors, does not comply with CPR 32.4 and Practice Direction 32, which require that a witness statement be made by an individual with direct knowledge of the facts. Furthermore, Practice Direction 32, paragraph 18.2, stipulates that the statement must be in the witness's own words and include details of how the witness has direct knowledge of the matters stated. As [Paralegal or Solicitor's Name] does not have direct involvement in the events in question, the Witness Statement fails to meet these requirements. In light of this non-compliance, the Defendant respectfully requests that the Court strike out the claim pursuant to CPR 3.4(2)(c) due to the Claimant's failure to comply with the relevant rules and practice directions.

Bennyharvey

LDast said:

You keep referring to a "Penalty Charge Notice" and a "fine". Do not use those words as what you received is neither a penalty nor a fine and you won't find those words anywhere in the correspondence. You received a Parking Charge Notice which is a devious attempt by the PPC to distract you from the fact that all it is is a speculative invite from an unregulated private parking company.

Regarding the Claimants WS, if it signed by anyone other than an employee of the Claimant, such as a legal representative of the solicitor representing the Claimant then you need to add the following paragraph under a subheading:

Preliminary Matter: The claim should be struck out

Re my incorrect use of 'Penalty' and 'Fine', noted, thank you. I was completely unaware of the extent of the awful things that private parking companies do!

The claimant's witness statement is solely written and signed by a Gladstone's legal assistant. Do I cover this as preliminary matter in my witness statement that I bring to court?

LDast

Bennyharvey said:
The claimant's witness statement is solely written and signed by a Gladstone's legal assistant. Do I cover this as preliminary matter in my witness statement that I bring to court?

Yes. It should be at the beginning of your WS and should this actually get to a hearing in front of a judge, you should raise this issue at the first opportunity.