ParkingEye Default CCJ

miffy_mulled_win

Hi,

I'll cut to the chase here but thank you up front to anyone who spends time on this post.

TIMELINE:
1 December 2024: notice big credit score downgrade via NatWest app.

2 December2024: use Experia to track CCJ. Call CNBC to get further info, ParkingEye revealed to be the claimant for a fine when I used their car park 10 July 2024, all correspondence sent to old address which I moved out of 30 June 2024. Email ParkingEye inviting them to do a join set aside.

11 December 2024: ParkingEye refuse. Used DVLA info as per signage.

16 December 2024: Submit and pay for N244 to applications CNBC email. 

17 December 2024: Realize my draft order is not attached to the mail as well as a mistake in my witness statement.

QUESTION:

1. Am I able to resubmit paperwork or have I just blown £303 up the wall?
2. As I never received any correspondence, I can't do an AoS or is this something I need to do by requesting the documents are sent to me from CNBC?

Thank you again!

Coupon-mad

1. Just send the Draft Order through once the case is allocated and you get a hearing date.  It wasn't required with the N244. We just do one because Judges appreciate the steer!  In fact I'd send it to the local court & cc in ParkingEye, about 10 days before the hearing, with a skeleton argument* and the VCS v Carr transcript if you didn't yet include that.

2. No AOS applies in this situation. Again I'd wait for your hearing date to be set and - once you are four months past the date of the Claim Form (it was probably dated in October or November) - then ring the CNBC and ask for the POC to be emailed to you.

* the skelly could also use the '4 months expired claim' argument and case law seen in other CCJ set aside threads. But ONLY if you don't get the POC served too early!

miffy_mulled_win

Thanks for such a quick reply, Coupon. I've been trailing over the forum for hours and your contributions are prolific!

I will be sure to use the skeleton argument as well as VCS v Carr which I read about earlier today.

My only remaining concern is that I mention the following in my witness statement: "I intend to defend this claim for the reasons outlined in my attached draft defense." 

However, I read it was more important to respond to the CCJ promptly and not supply a draft defense at this stage as it it is not necessary. In my haste to be prompt I sent the version of my WS where that line was still in there but no draft defense went out with the email.

Should I contact CNBC tomorrow and inform them of the error or is it likely they just look at my N244 and give me a hearing date?

Coupon-mad

No I'd ignore that completely for now.  It's just a minor wording mistake. Nothing important!

Sit tight. You can always add more later.

As long as your N244 is in, with a WS and proof that you moved (therefore the application bundle is sufficient to show that the claim was not served) it will sail through to allocation to your nearest local court as normal.

Then you can think what you might want to add when you get the hearing date.

Generally I would NOT include a draft defence because that nudges the Judge to do a 'mini trial' at your hearing fee expense and to consider your case under CPR 13.3 (where the court has discretion to say yes or no to your application). Not the way you want YOUR hearing to go! You are applying under CPR 13.2 which is a mandatory set aside. So, no defence is immediately needed in that sort of case - see VCS v Carr. A claim not received MUST see the default CCJ set aside, in the interests of justice.

miffy_mulled_win

In the interests of Justice! I like that.

Thanks Coupon. I will start piecing together my defense documentation while I wait so I don't forget all I've learned over the past few days of taking in all the examples on this forum.

Have a good evening and a very merry Christmas!

1505grandad

".....and not supply a draft defense at this stage ...."

Suggestion  -  make sure your devices etc. are set to UK English which will be important when legal docs are prepared/submitted.

miffy_mulled_win

Coupon-mad said:

No I'd ignore that completely for now.  It's just a minor wording mistake. Nothing important!

Sit tight. You can always add more later.

As long as your N244 is in, with a WS and proof that you moved (therefore the application bundle is sufficient to show that the claim was not served) it will sail through to allocation to your nearest local court as normal.

Then you can think what you might want to add when you get the hearing date.

Generally I would NOT include a draft defence because that nudges the Judge to do a 'mini trial' at your hearing fee expense and to consider your case under CPR 13.3 (where the court has discretion to say yes or no to your application). Not the way you want YOUR hearing to go! You are applying under CPR 13.2 which is a mandatory set aside. So, no defence is immediately needed in that sort of case - see VCS v Carr. A claim not received MUST see the default CCJ set aside, in the interests of justice.

Hi Coupon,

The day has come, rather quickly, for my hearing to set aside the CCJ. The date is set for 13 February 2025 (next Thursday)! I received the letter just days ago as I was away on business however, I'm a bit confused by the "directions on filing of trial bundles.

The instructions are:

The parties should see to agree an indexed, paginated electronic trial bundle and any indexed paginated electronic authorities' bundle; and
One part (which shall be the Claimant in default of agreement otherwise) shall email the electronic bundle to the Court at enquiries.peterborough.countycourt@justice.gov.uk and other parties no less than 3 days and no more than 7 days before the hearing date.

Do I still just need to send my draft order, skeleton argument and the VCS v Carr transcript to the same court email address (cc'ing in ParkingEye) 10 days before, which is today? It seems to suggest that I need to agree to and send my "trial bundle" to ParkingEye or am I completely misunderstanding the instructions?

Lastly, can you confirm I do not need to resubmit a witness statement as that was only needed as part of my N244 submission?

Thank you!

Coupon-mad

Ring the court and tell them they've sent impossible (wrong template) hearing preparation directions because this is the Defendant's  application hearing.

Clearly the Claimant isn't required to agree with the Defendant (in this case) "an indexed, paginated electronic trial bundle and any indexed paginated electronic authorities' bundle"!

miffy_mulled_win

I rang the court and was told "we can't give you legal advise". I insisted it is not legal advice but rather an error in the document sent with my hearing notice. They were having none of it and said I should email enquiries.peterborough.countycourt@justice.gov.uk and inform them or call "Support Through Court". I'm on hold with them at the moment but thought I would add my Notice of Hearing for you to see if there's any other evidence of the wrong template being used:





I looked over my Witness Statement I sent with my N244 and did see the template I used had the following request under "Application to set aside":

3.2. I respectfully request the Court to:

*   Set aside the Default Judgment.

*   Allow me to defend the claim.

*   Order the Claimant to pay my application fee of £303.

Could they be thinking this is a defense hearing because I said "Allow me to defend the claim" instead of what I have now seen other use "Have the claim struck out"?

miffy_mulled_win

Support Through Court suggests I follow the same procedure as others here on the forum and simply send my bundle to the court and CC in the claimant. No need to agree to anything with the claimant.

I'll be posting my skeleton and draft order here for assessment/checking if anyone has the time to double check it for me. I would be most grateful if someone can!

miffy_mulled_win

Another update, I just got an email from ParkingEye asking if I want to settle by paying their outstanding £232 fine within 14 days and they will set aside the CCJ. Tomlin Order they are asking me to sign if I agree:

Upon the parties having agreed terms of settlement as outlined in the attached schedule, and;

The Claimant has been made aware that the defendant was not residing at the address that

correspondence was issued to and therefore had no opportunity to defend this claim in full, and

pursuant to CPR 13.3(1)(b)(i);

BY CONSENT IT IS ORDERED THAT:

1. The Judgment entered against the Defendant on 12th November 2024 is hereby set aside.

2. All further proceedings in this matter be stayed except for the purpose of carrying out the terms

of the schedule attached to this order.

3. There be no order as to costs.

Schedule

1. The Defendant shall pay the Claimant the sum of £232 within 14 days of receiving the sealed

Court Order.

2. The sum referred to in paragraph 1 is paid and received in full and final settlement of all

matters brought under claim number XXXXXX

I take it I have to decline this offer and not just ignore it as it would show bad acting on my part not to at least acknowledge their attempts to resolve this out of court?