PCN into CCJ - all correspondence to old address.

slatmaster

Cheers, really appreciate it as per.

CNBC e-mailed me this so I guess that counts as POC 

1. THE DEFENDANT(D) IS INDEBTED TO THE       CLAIMANT(C) FOR A PARKING CHARGE ISSUED TO   THE VEHICLE xxxxx AT xxxxx. 2. THE PCN WAS ISSUED ON xxxxxxx ON LAND MANAGED BY C. 3. THE VEHICLE WAS PARKED IN BREACH OF THE TERMS ON C'S SIGNS (THE CONTRACT), THUS  INCURRING THE PCN. 4. THE DRIVER AGREED TO   PAY WITHIN 28 DAYS BUT DID NOT. D IS LIABLE  AS THE DRIVER OR KEEPER. DESPITE REQUESTS    THE PCN IS OUTSTANDING AND HAS ESCALATED.    AND THE CLAIMANT CLAIMS  1.  170.00.BEING    THE TOTAL OF THE PCN. 2. COSTS AND COURT     FEES.                                        THE CLAIMANT CLAIMS INTEREST UNDER SECTION 69OF THE COUNTY COURTS ACT 1984 AT THE RATE OF 8% A YEAR FROM 18/09/2023 TO 02/10/2024 ON   £170.00 AND ALSO INTEREST AT THE SAME        RATE UP TO THE DATE OF JUDGMENT OR EARLIER   PAYMENT AT A DAILY RATE OF £0.04.    

In light of this. Keep points 74/76 in?

Anything further on Witness Statement or Draft Order before I submit?

Coupon-mad

The WS looks very, very long and i'm sure we've had more recent ones in 2025 citing VCS v Car, CEL v Chan and CPMS v Akande. You don't have that last one and the whole WS looks old. Search for a recent one.


Also, typo: tell you off?!

Where is paragraph 3?

2. I was not aware of the claim made against me until an estate agent got in touch with me on 01/07/25 to tell me off some post from a previous address. This was collected on 02/07/25. This is when I found out the Claimant had obtained a default CCJ against me.  

4. The Claimant had a duty to take reasonable steps to check for the correct address, in accordance with the IPC Code of Practice 22.1 and CPR 6.9, as more than 12 months have passed since the PCN on 16/06/2023 and the CCJ on 19/12/2024 (filed 09/10/24)  

...

This isn't true because you state that date earlier!

"6. Whilst I am unsure which date the claim was issued,"

slatmaster

Thanks,would CPMS v Akande apply? because even the very brief particulars in the legal letter they say it was because i didnt display a vlaid permit at the specified location. or would that be deemed as too brief?

Cheers, amended typos etc.

Are there any bits you recommend cutting? Some others seem very brief compared to this one which I got from zbubuman referenced in the newbes thread. Would a long witness statement affect a judges perception of the case (i.e would they find ithe length as annoying?)

Happy to redraft anything if needed.

Coupon-mad

slatmaster said:

Thanks,would CPMS v Akande apply? because even the very brief particulars in the legal letter t at the specified location. or would that be deemed as too brief?

Cheers, amended typos etc.

Are there any bits you recommend cutting? Some others seem very brief compared to this one which I got from zbubuman referenced in the newbes thread. Would a long witness statement affect a judges perception of the case (i.e would they find ithe length as annoying?)

Happy to redraft anything if needed.

Chan and Akande apply because the breach is not pleaded in the actual POC.

they say it was because i didn't display a vlaid permit

No, the POC don't actually specify that. No other letter matters. This is about failure to plead a case properly which should see the whole claim struck out at the hearing you're paying for.

Then at the end of the hearing you use VCS v Carr to complete the fightback by saying you must have all your costs from this Claimant, due to the claim not being served at all (and failing the CPRs!) - and the claim is expired asper the exact same binding decision in VCS v Carr at the Court of Appeal.

Your WS can be quite long but it might be tidier (easier for the judge) to take out ALL the case law and pop that into a document called 'Skeleton Argument and authorities'.

That then leaves your WS as purely your account of what happened that caused you not to receive the claim form, attaching proof of your house move and utilities/bank statement, council tax and vote registration that proves that you were 'there to be found', had Moorside bothered to trace you.

There are meant to be no legal arguments in a WS so this is the proper way to present your bundle.

slatmaster

Perfect, thank you so much. Very stressful indeed combined with work lately. will be very happy to just get this submitted.I will of course sort the consultation and report back, as well as update re. the case. Thanks for all the suggestions and ill move caselaw to skeleton argument. Cheers.

slatmaster

Update: I have my Court Date in just under two weeks which I see as pretty speedy to be honest. Will report back with the outcome.

Coupon-mad

So this is a hearing to set aside an unserved Moorside claim. These posts earlier today might be useful to help you prepare:

https://forums.moneysavingexpert.com/discussion/comment/81693768/#Comment_81693768

Mazur doesn't apply to a Moorside claim but the rest of those posts are relevant to you.  Your job is to take away any blinkered approach by the judge and to get your full costs granted against the Claimant & the entire claim dismissed in one fell swoop.

Get to the court early to get through security and start from an assumption that you'll get a grumpy old judge who has never heard of VCS v Carr and has always blamed consumers in parking cases for not updating their V5C.

How to counter that erroneous view - and how to get your full costs and the claim dismissed on the spot (due to it being expired and/or due to Chan & Akande) is all in that link.

slatmaster

Legend, thanks mate. Will be doing significant revision from now until then.

slatmaster

I have had an e-mail off them stating their non attendance as to save costs (them thinking they will lose?) and they will be forwarding a witness statment in lieu of this. Is this normal behaviour? Sent to the court and myself. Cheers,

Coupon-mad

Yep normal. I'm a lady BTW!