Metro Inn, Walsall

Zzps contacted me initially at my parents address. I I firmed them of.my current address. The CCJ went to my old address (neither my current address or my parents address)

Strange! First I heard about CCJ was yesterday when Iran a credit check.
I feel like asking for compensation as I could not complete a purchase due to 'bad credit.' So embarrassed and upsetting.

Here is a draft supporting letter I put together using other threads. Would somebody please read and comment? Thank you.

I am xxxxxxx and I am the Defendant in this matter.
Recitals:
- My current address (since December 2015) is xxxxxxxxxx
- My Old address is xxxxxxxxxxxxxxxxx
- My parents address is xxxxxxxxxxxxxxx

This my supporting Statement in support of my application dated xx/xx/xxxx to:
- Set aside the Default Judgement dated April 2018 as it was not properly served at my current address;
- Order for the Claimant to pay the Defendant £255 as reimbursement for the set aside fee;
- Order for the original claim to be dismissed.

1. Default Judgement
1.1. I understand that the Claimant obtained a Default Judgement against me as the Defendant in April 2018. However, this claim form has not been served at my current address and I thus was not aware of the Default Judgement until 23 May 2018 when I was doing a routine check on my credit file. I understand that this Claim was served at MY OLD ADDRESS. However, I moved to a new address in December 2015. In support of this I can provide confirmation from Walsall County Council showing my updated details for the purposes of paying Council tax.

1.2. I have also never received any previous documentation from the Claimant - A 'Notice to Keeper' letter in this matter and I thus was never able to challenge the Claimant's claim.

1.3. I believe the Claimant has behaved unreasonably in pursuing a claim against me without ensuring they held the Defendant's correct contact details. According to publicly available information my circumstances are far from being unique. The Claimant's persistent failure to use correct and current addresses results is an unnecessary burden for individuals and the justice system across the country.

1.4. On the basis provided above I would suggest that the Claimant did not fulfil their duty to use the Defendant's current address when bringing the claim.

1.5. Considering the above I was unable to defend this claim. I thus believe that the Default Judgement against me was issued incorrectly and thus should be set aside.

2. Order dismissing the Claim

2.1. I further believe that the original Claim by the Claimant has no merit and should thus be dismissed. I understand that the Claimant is a Parking Company which seeks to claim for 'Parking Charge Notices' which the Claimant believes are due as a result of an alleged breach of contract for parking by a motorist.

2.2. If the Claimant has obtained details of the vehicle for which the Defendant is the Registered Keeper, and used those details to make a claim for a 'Parking Charge Notice', I thus dispute the claim in its entirety as I do not know the wording of the contract nor do I know the means by which the contract was alleged to come into force.

2.3. If the Claimant can evidence that the alleged incident relates to a vehicle for which the Defendant is the Registered Keeper, any Notice to Keeper served by the Claimant must comply with Schedule 4 of the Protection of Freedoms Act 2012. Otherwise, the Claimant is required to prove the driver of the vehicle they claim was involved in the alleged incident. I submit that the Claimant cannot provide such evidence and further submit that the Claimant does not include 'Protection of Freedoms Act 2012' wording on the Parking Charge Notices they issue and therefore cannot hold the Defendant automatically liable for the alleged incident merely for being the Registered Keeper of a vehicle.

2.4. A requirement of the Protection of Freedoms Act 2012 is that this any Notice to Keeper served by the Claimant must be served within 14 days of the date of the alleged incident. I have not received a Notice to Keeper document.

The first letter I received was from ZZPS relating to an unpaid PCN, dated 08/11/2017. This was sent to my PARENTS ADRESS. I duly emailed ZZPS and asked them to update their records with my CURRENT ADDRESS.

Since I have not received any documentation from the Claimant prior 08/11/2017, I submit the Claimant will not have complied with the requirements of the Act and thus cannot claim this charge against me as the Registered Keeper in any case.

2.5 The claimant

2.5.1 I further submit that the Claimant's claim is without merit due to substantial issues in law. This is for the following main reasons:
2.5.2. Lack of Standing by Claimant: The Claimant is unlikely to be the landowner of the car park in question, and will have no proprietary interest in it. This means that the Claimant, as a matter of law, will have no locus standi to litigate in their own name. Any consideration will have been provided by the landholder, and only they would have been able sue for any damages or trespass.
2.5.3. No Loss Suffered by Claimant: Their claim is presumably based on damages for alleged breach of contract. It is a fundamental principle of English Law that a party who suffers damages through breach of contract can only seek through court action to be put back in the same position as they would have been if the breach had not occurred. In order to do so, they must demonstrate their actual, or genuine, pre-estimate of loss. I submit that no loss has been suffered by the Claimant as a result of any alleged breaches of contract on the part of any motorist of the vehicle of which I am the Registered Keeper. I further submit that any loss to the landholder (which would be the only party able to claim such losses) would be at most a few pounds.
2.5.4. Claimed charge is an Unenforceable Penalty: I further submit that the Parking Charge that the Claimant claimed, given it is not based on any loss suffered due to the alleged breach, is nothing but an unenforceable penalty.
2.5.5. No contract with the claimant: Any contract must have offer, acceptance and consideration both ways. There would not have been consideration from the Claimant to the motorist; the fee for parking benefits the landowners, not the Claimant. Therefore, there is no consideration from the motorist to Civil Enforcement Ltd.
2.5.6. On this basis I believe that the Claimant has not provided any reasonable cause of action and thus the claim should be dismissed in its entirety.
2.5.7. In order to make informed decisions and statements in my defence as keeper of the vehicle, I will require copies of all paperwork and pictures of all signs from the Claimant.

Statement of Truth:
I believe that the facts stated in this Witness Statement are true.

Will I need to submitt all 3 things (above) via email along with the n244 form?
Or will i just take those to the court?
The form isnt very big so I would need to send attachments to illustrate my points.
What content is crucial on the n244 form?
Its all very confusing. Thank you

Thank you everyone for your comments and invaluable help. I have filled out my N244 form, and I am almost ready to submit this, along with photographic evidence and copies of emails going back and forth from the claimant. Here is my witness statement. Have I missed anything here?

WITNESS STATEMENT.

I am xxxxx and I am the Defendant in this matter.
Recitals:
!!!8226; My current address (since December 2015) is xxx.
!!!8226; My Old address is xxx
!!!8226; My parents address is xxx

This my supporting Statement in support of my application dated xxx/xx/xx to:
!!!8226; Set aside the Default Judgement dated April 2018 as it was not properly served at my current address;
!!!8226; Order for the Claimant to pay the Defendant £255 as reimbursement for the set aside fee;
!!!8226; Order for the original claim to be dismissed.


1. Default Judgement

1.1. I understand that the Claimant obtained a Default Judgement against me as the Defendant in April 2018. However, this claim form has not been served at my current address and I thus was not aware of the Default Judgement until 23 May 2018 when I was doing a routine check on my credit file.
I understand that this Claim was served at MY OLD ADDRESS. However, I moved to a new address in December 2015.
Confirmation of this will be provided at the set aside hearing, in the form of utility bills and a Council Tax bill from Walsall Council. The Defendant has at no time tried to avoid paying for any known debt, and was at all times there to be found by a simple trace. It is submitted that the Claimant should have taken those reasonable steps, and would have known or should have surmised that it was likely that the Defendant was not at the old address, given the length of time from the alleged parking charge and the fact that the Claimant was receiving no reply from the Defendant.

Furthermore, the claimant was also sending out letters to me at my CURRENT ADDRESS, so I am very confused as to why the CCJ was issued to my OLD ADDRESS unless it was done so deliberately so I could not defend myself against it (see point 2.4 for more information.)

This is a topical issue: I note that the Justice Minister the Rt Hon Sir Oliver Heald QC MP announced on the 23rd December 2016 a consultation and information campaign to help protect consumers from debt claims. The consultation will look at ways to better protect consumers - who are sent mail to inaccurate addresses and verify addresses again before a claim is sent. The Minister added "It cannot be right that people who are unaware of debts can see their lives and finances ruined by county court judgments. That in the digital age, we must ensure companies pursuing unpaid debts make every reasonable effort to contact individuals, rather than simply relying on a letter to an old address.

Considering the above I was unable to defend this claim. I thus believe that the Default Judgment against me was issued incorrectly and should be set aside.


1.2. I have also never received any previous documentation from the Claimant - A !!!8220;Notice to Keeper!!!8221; letter in this matter and I thus was never able to challenge the Claimant!!!8217;s claim.

1.3. I believe the Claimant has behaved unreasonably in pursuing a claim against me without ensuring they held the Defendant!!!8217;s correct contact details. According to publicly available information my circumstances are far from being unique. The Claimant!!!8217;s persistent failure to use correct and current addresses results is an unnecessary burden for individuals and the justice system across the country.

1.4. On the basis provided above I would suggest that the Claimant did not fulfil their duty to use the Defendant!!!8217;s current address when bringing the claim.

1.5. Considering the above I was unable to defend this claim. I thus believe that the Default Judgement against me was issued incorrectly and thus should be set aside.

2. Order dismissing the Claim

2.1. I further believe that the original Claim by the Claimant has no merit and should thus be dismissed. I understand that the Claimant is a Parking Company which seeks to claim for !!!8220;Parking Charge Notices!!!8221; which the Claimant believes are due as a result of an alleged breach of contract for parking by a motorist.

2.2. If the Claimant has obtained details of the vehicle for which the Defendant is the Registered Keeper, and used those details to make a claim for a !!!8220;Parking Charge Notice!!!8217;!!!8217;, I thus dispute the claim in its entirety as I do not know the wording of the contract nor do I know the means by which the contract was alleged to come into force.

2.3. If the Claimant can evidence that the alleged incident relates to a vehicle for which the Defendant is the Registered Keeper, any Notice to Keeper served by the Claimant must comply with Schedule 4 of the Protection of Freedoms Act 2012.

Otherwise, the Claimant is required to prove the driver of the vehicle they claim was involved in the alleged incident. I submit that the Claimant cannot provide such evidence and further submit that the Claimant does not include !!!8216;Protection of Freedoms Act 2012!!!8217; wording on the Parking Charge Notices they issue and therefore cannot hold the Defendant automatically liable for the alleged incident merely for being the Registered Keeper of a vehicle.

2.4. A requirement of the Protection of Freedoms Act 2012 is that this any Notice to Keeper served by the Claimant must be served within 14 days of the date of the alleged incident. I have not received a Notice to Keeper document.

* This is exactly the sort of abuse that Sir Oliver Heald pledged to end, with CCJ reform. *

The first letter I received was from ZZPS relating to an unpaid PCN, dated 08/11/2017 (approx. 3.5 months after the alleged incident happened.) This was sent to my PARENTS ADDRESS. I promptly emailed ZZPS and asked them to update their records with my CURRENT ADDRESS (see attached email.)

Since I have not received any documentation from the Claimant prior 08/11/2017, I submit the Claimant will not have complied with the requirements of the Act and thus cannot claim this charge against me as the Registered Keeper in any case.

2.5 The Car Park

2.5.1 After briefly visiting the car park after the alleged incident took place, I took photographic evidence of the car park and solitary warning sign.
2.5.2 The sign is small and unremarkable. It is positioned in a place easily missed by motorists who may be entering the car park. I believe that the signs fails the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Clearly it was not seen by the driver, displayed in very small print and the terms are not readable to drivers before they park.
2.5.3 The car park is situated next to a very busy road and therefore any motorist would be primarily concerned with getting his/her vehicle off that main road and in to a safe area before looking for any terms and conditions for the car park. I attach photographs for your consideration.

2.6 The claimant

2.5.1 I further submit that the Claimant!!!8217;s claim is without merit due to substantial issues in law. This is for the following main reasons:
2.5.2. Lack of Standing by Claimant: The Claimant is unlikely to be the landowner of the car park in question, and will have no proprietary interest in it. This means that the Claimant, as a matter of law, will have no locus standi to litigate in their own name. Any consideration will have been provided by the landholder, and only they would have been able sue for any damages or trespass.
2.5.3. No Loss Suffered by Claimant: Their claim is presumably based on damages for alleged breach of contract. It is a fundamental principle of English Law that a party who suffers damages through breach of contract can only seek through court action to be put back in the same position as they would have been if the breach had not occurred. In order to do so, they must demonstrate their actual, or genuine, pre-estimate of loss. I submit that no loss has been suffered by the Claimant as a result of any alleged breaches of contract on the part of any motorist of the vehicle of which I am the Registered Keeper. I further submit that any loss to the landholder (which would be the only party able to claim such losses) would be at most a few pounds.
2.5.4. Claimed charge is an Unenforceable Penalty: I further submit that the Parking Charge that the Claimant claimed, given it is not based on any loss suffered due to the alleged breach, is nothing but an unenforceable penalty.
2.5.5. No contract with the claimant: Any contract must have offer, acceptance and consideration both ways. There would not have been consideration from the Claimant to the motorist; the fee for parking benefits the landowners, not the Claimant. Therefore, there is no consideration from the motorist to Civil Enforcement Ltd.
2.5.6. On this basis I believe that the Claimant has not provided any reasonable cause of action and thus the claim should be dismissed in its entirety.
2.5.7. In order to make informed decisions and statements in my defence as keeper of the vehicle, I will require copies of all paperwork and pictures of all signs from the Claimant.

Statement of Truth:
I believe that the facts stated in this Witness Statement are true.