CCJ for Parking Ticket while I was overseas years ago

Coupon-mad

Because the Claim Form was issued to the right address, your job will be a lot harder than most to convince the Judge to set aside the CCJ.  It IS possible to convince a Judge, as long as they find 'some good reason' to set aside the CCJ under CPR 13.3 and as long as you 'act promptly' and demonstrate an arguable defence.

You need to use the two examples linked in the CCJ set aside section of the NEWBIES thread, but remove the case law about 'improper service' but keep the case law that helps you, including citing the Denton Principles and the reason why you didn't see the claim, and the fact that you have good prospects of defending the claim.

You'd also have to attach a convincing, draft defence. Was the PCN for overstay or what?

kleinbaas

Coupon-mad said:

Because ... You'd also have to attach a convincing, draft defence. Was the PCN for overstay or what?

I'll take a look at CPR 13.3 etc next.
I was told be court staff to get the application in ASAP with basic details and to provide the rest as and when. Do you know if I can attach things like a draft defence after sending in the application?

By the way, I do now know if the PCN was for an overstay, the only letter I have (received) from GroupNexus reads like it's a follow up for a previous letter (but they might just be covering their asses) and it has no date except the date of the parking incident and the "date of issue". No date for sending is another PoFA issue AFAIK, and so is the fact that it is over 14 and over 28 days after the incident (?), and it means I have no idea why exactly the notice was sent (another PoFA issue AFAIK?).

Coupon-mad

Show us the reminder letter.

kleinbaas

Coupon-mad said:

Show us the reminder letter.

For legal reasons (e.g. in case I can be identified from this or other posts, etc) I would like to point out that these posts are private and confidential, for MSE Forum Members that are not associated with this case or GroupNexus or their affiliates/solicitors only, and that these posts are without prejudice.

Please also note that the "Date of Issue" was over 31 days after the "Date" (of the incident) which is further below. Both are partially obfuscated. Thanks again for any help or insights.

Coupon-mad

I see what you mean: it doesn't even tell the recipient what the alleged breach is, and it demands an extra £2.50 'admin fee' for paying by card, which is illegal under Additional Payments legislation.

And £102.50 exceeds the BPA cap, too.

As you didn't receive the supposed first PCN, you never had a fair opportunity to appeal because you've literally never been told what the allegation was, let alone any evidence.

And neither does the POC plead what the alleged breach was either, I bet! Show us the POC from the claim form. I bet I'm right.

This DOES give you grounds to defend snd to ask for the whole claim to be struck out at the CCJ set aside hearing, pursuant to the two appeal authorities of Chan and Akande.

kleinbaas

Coupon-mad said:

And neither does the POC plead what the alleged breach was either, I bet! Show us the POC from the claim form. I bet I'm right.

The POC says:
1. The defendant is indebted to the claimant for parking charges(s) issued to vehicle X at Y
2. The PCN(s) were issued on Z
3. The defendant is pursued as the driver of the vehicle for breach of the terms on the signs (the contract). Reason: Vehicle remained on private property in breach of the prominently displayed terms and conditions.
4. In the alternative the defendant is pursued as the keeper pursuant to POFA 2012, Schedule 4.
And the Claimant Claims:
1. £170 being the total of the PCN(s) and damages.
2. Interest at the rate of 8% per annum pursuant to s.69 of the County Courts Act 1984 from the date hereof at a daily rate of £0.02 until judgement or sooner payment.
3. Costs and court fees.

Note Date "Z" above in 2. is the "date" that I said was the date lower down the letter and the date of the incident. However I think it is very unlikely that a physical PCN was placed on the car as it's the type of car park that uses cameras to check your time going in and out and to send postal tickets afterwards, as far as I can see from their letter. I guess I need to ask for proof of that as well as things like their signage being prominent or to refute it until they can provide proof otherwise?

Also, I have "driven around" their car park virtually using Google street view and could see no means to buy physical tickets. There are signs that say "Private Land Parking Conditions Apply, Pay to Park, Free parking for [business name] customers" Then in small: "This car park is controlled by automatic number plate recognition cameras/parking attendants" It goes on to mention payment by phone or by an app but I can't read the rest as it's too small.

Coupon-mad said:

This DOES give you grounds to defend snd to ask for the whole claim to be struck out at the CCJ set aside hearing, pursuant to the two appeal authorities of Chan and Akande.

This is Gold, thanks! I don't know enough about this (yet) so any legal arguments and case law I can quote is great.

Gr1pr

kleinbaas said:

Coupon-mad said:

I suggest you apply to set aside the CCJ (£303 fee - going up on 1st April so get it in now) and DON'T enter into a consent arrangement as that will cost more in total and it lines the pockets of scammers.

Thanks, I'm doing that now. I have set out my reasons, but I'm still unsure if I should (also) say that I was not the keeper at the time, and if so how to word that without annoying the Judge?
They have claimed that I was the driver and "in the alternative" that I was the keeper pursuant to POFA.

They will have issued the PCN and subsequently the court claim in your name as the Registered Keeper,  so fight it on that basis  ( the fact that you were not the day to day Keeper or the driver is not what your set aside is about.   Pofa relates to your possible liability as the Registered Keeper  )

Try for the contested set aside based on the earlier replies above 

Coupon-mad

This is simple.

The Chan & Akande defence for DCB Legal Group Nexus claims is already written and specially linked in the first post of the Template Defence thread. Nothing to reinvent.

kleinbaas

OK great, thanks both.

There has been a development which may help (may be an additional defence?). The person who was most likely the driver is an ex (so communication is not the easiest) but she has said that she was/is a customer of that business and that they at some point added a device in the building that you had to put your car reg number into - not realising that she had to do that was the issue/cause. She also said that she got a similar notice for her car a few months later and the business fixed it for her as she is a customer, and that the only reason she parked there was as a customer of that business.

As the signage says "Free parking for [business name] customers" I am guessing this is a good basis for a defence - and the fact that court procedures could easily have been avoided if they let me know they intended to start proceedings also counts in my favour?

Gr1pr

The hidden keypad, register for free parking scenario 

As for the latter statement,  the claimant should or will have issued a Letter of Claim,  followed by the court claim,  possibly doing a Trace of the address as well, so not sure what sort of legal point you may have there 

The paperwork went somewhere,  with lots of letters prior to the court claim and subsequent CCJ letters