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Parking Eye - Set Aside | Ready?

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Hello everyone,

First, I want to thank everyone that takes time out of their lifes to help people like myself, if any of you live in Cardiff I'm more than happy to buy you a pint! :beer:

I am going to be submitting an N244 application to the Cardiff County Court Business Center on Monday to get a CCJ set aside. The claimant is Parking Eye, their claim is I overstayed in a car park of a retail shop. I however have proof that the driver was a geniuine customer in that shop. Below is my draft order and my witness statement. I'm sure I have missed critical points and would apreciate if you can highlight any problems with my witness statement. I have read through all of the CCJ threads in the newbiews thread and I am still strugling to see how I can reference the CPR in my statement. How can I search for other cases like mine so I can reference them in my statement? I have also tried contacting The Range, but on their website they have a disclaimer that if you get a parking charge notice while shopping at their shops you have to follow the instructions on the PCN. So they can't help me unfortunately.

One newbie question before that, for the draft order, hence its a "draft" do I actually leave the dates blank :D or do I calculate them myself? If I do have to calculate them myself, what are the standard timescales? :wall:



DRAFT ORDER
IN THE COUNTY COURT AT: XXXX
CLAIM No: XXXXXXXXXX
BETWEEN:
PARKING EYE LIMITED (Claimant)
-- and --
XXXXXXXXXX (Defendant)
______________________________________________
DRAFT ORDER
______________________________________________

IT IS ORDERED THAT:

1. The default judgment dated on XXX February 2019 be set aside.


2. Costs to be reserved.


3. Unless the Claimant serves their defence and any other documents they will rely on to the Defendant by 4pm on XX/XX/19 paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £255 and the claim shall be struck out.


4. If the Claimant serves their defence and any other documents they will rely on as directed in paragraph 3 the Defendant shall file and serve a defence by 4pm following 14 days on XX/XX/19.


5. Should the Claimant discontinue the Claim after the CCJ is set aside, paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £255.


6. All enforcement be put on hold pending the outcome of the application.



=======================================================================
=======================================================================



WITNESS STATEMENT
IN THE COUNTY COURT AT: XXXXX
CLAIM No: XXXXXXX
BETWEEN:
PARKING EYE LIMITED (Claimant)
-- and --
XXXXXXXX (Defendant)
______________________________________________
WITNESS STATEMENT
______________________________________________
Wittness Statement Plan

1. Statement of Truth


1.1 My names is XXX, currently living at XXX and I am the Defendant in this case. All information given by me in this statement is true to the best of my knowledge and belief. In this N244 application I request that:


1.2 The Default Judgement issued against me on XX is set-aside.


1.3 Costs are reserved


1.4 The Claimant provides a defence and any other documents they will rely on to the Defendant, so that I can prepare an adequate defence.


1.5 If the Claimant chooses to discontinue the Claim after the CCJ is set aside, the Claimant shall pay the Defendant's costs summarily assessed at £255 plus costs for attending the hearing.


1.6 All enforcement be put on hold pending the outcome of the application.



2. Default Judgement


2.1 I found out I have a CCJ on me credit file in November 2018 while I was going through my credit report in preparation to get an estimate for a mortgage.


2.2 I contacted the court the following day in order to get more information about the CCJ, thats when I learned that a company called Parking Eye Ltd has made a claim against me. The claimant was using an old address of mine and I never received any of their correspondance prior to them making the claim. The claimant used the same address when filing the claim against me and I never received any of the court documents as well. Had I ever received any correspondece from the claimant or the court I would have definately replied in an effort to reach an agreement. I later received the order from the court. Evidence [E1]


2.3 I was very upset about the whole situation and I contacted my MP Sir XX on XX for help. Evidence [E2] The MP got in touch with me on XX and made a representation to the claimant on XX [E3] this also included a consent form from myself to allow the MP to do so. [E4]


2.4 In his letter to the claimant on XX, Sir XX, requested that Parking Eye investigates the matter and suspends any recovery actions when done so.


2.5 We received a response from the claimant on XX, only then I became aware that their claim was about a Parking Charge Notice issued against me on XX at XX. In their response Parking Eye deceitfully claimed that they have "no mechanism to do so via the courts" [E5] The PCN was issued in fact for overstaying 2 hours and 48 minutes at a carpark at XX. The response did not however contain any other information, such as picture of the signs in the carpark or pictures of my car. Furthermore the claimant clearly stated that "We can confirm we will contact your constituent with a view to resolving the matter." [E5] To date I have not received a single letter from Parking Eye LTD except a response to a SAR.


2.6 I issued a SAR to Parking Eye on XX and I received a response on XX. I then saw that they do not have any proof of me, the registered keeper of the vechicle XXXXXXX being in breach of any contract as they only had a photograph of my car. There were no photographs supplied of any signs on the carpark therefore I could not have been in any contract and their claim has no basis. [E6]


2.7 As the claimant suggested I did not keep my address up-to-date [E5] with the DVLA I issued a SAR to the DVLA on XX.[E7] The response from the DVLA was rather unsatisfactory and I could not get a hold of all the information I was looking for. I purchased my car on the 1st of September 2017 and as required by law I put down my current address at the time XX.
I move away from that address on the 10th of September. I had arranged with my old landlord to get my post and I received my new logbook at the end of September. I then sent my new logbook back to the DVLA to get my address updated and waited for a about 6 weeks to hear back from them. I didn't receive anything, so I contacted the DVLA and it turned out they never received my logbook. I had to pay a fee to get my logbook reissued and I received my reissued logbook in December. I then sent the updated logbook back and my address was updated a couple of days after the bank holidays in the beginning of January 2018. Please see evidence [E7][E8][E9][10][E12][E13].


2.8 My MP then followed this up with the DVLA and we managed to get a hold of a bit more information. [E8] This was enough for me to be able to demonstrate that when the claimant requested my details from the DVLA my documents were already in the post. My address was update on XX January, 2018 a week after the claimant requested my details.


2.9 Given that the incident occured around the bank holidays, I don't believe I can be held responsible for the timescales the DVLA works to. I believe I have put every effort to do everything I am required by law and keep my details up to date. After gathering all of this information I sent a letter to claimant several months later after the claimant promised to contact me with a view to resolve the matter. In my letter I explained to the claimant that everything was a big misunderstanding and I asked them to contact me so we can work out a solution. [E14]


2.10 The letter was sent through the MP and as they did not respond, the MP tried to contact the claimant again. He asked them for an update as to why they have not contacted me yet. The MP however received no response from the claimant. I waited for a total of XX months for a reply from the claimant. [E15]


2.11 I then wrote a final letter to the director of Parking Eye Mr. XX on XX, asking him to look into the matter. I also provided him with all the evidence, including the letter from the MP, Parking Eye's original response and my first letter to Parking Eye. In my final letter I asked for a written reply by the 1st of September 2019, however I have still not received a single letter from the Claimant. [E16]


2.12 I have spent nearly a year trying to contact the claimant in order to resovle this matter. They have completely ignored any letters from me and my MP. This is why I consider the claimant to have behaved ureasonably.


2.13 To date, the claimant has still not contacted me.


2.14 Based on the above, I request that the CCJ be set aside. I have been denied a fair trial and a chance to properly defend my case. Furthermore I believe I have a real prospect of defending my case, based on the details outlined below.



3. Order dismissal of the claim


3.1 I am aware that the claim against me is for overstaying in a car park were allegedly there is signage that limits parking up to 2 hours. However no details of the wording on the signs at the time has been provided to me. Therefore I deny any liability and I deny that I am in breach of any contract with the claimant as I have not entered into a contract or an agreement with them.


3.2 Furthermore I submit that the driver of the vehicle to which I am the registered keeper was a legitimate customer at The Range. The driver purchased 38 different glassware items to a total of XX and was held at the tills as staff tried to find something to wrap each and every item in. [E17]


3.3 A staff member then helped the driver load all the items into the car. [E17]


3.4 The claimant has not provided any proof that they are authorised to act in the name of the merchant, that is The Range. Even if they are, in this case no damages can be claimed as none have occured. The driver was a legitimate customer and spend XX in store.


3.5 Parking Eye Ltd have been contacted on multiple occasions by the member of parlament Sir XX and have failed to respond to him.


3.6 The claimant has behaved unreasonably by avoiding direct correspondance from the defendant. They have chosen not to respond to any direct communications from myself, thus leaving me with no choice, but to argue my case.



4 Evidence enclosed:

E1 - Letter from court
E2 - Email to MP
E3 - Letter from MP to Parking Eye
E4 - Letter of Consent to MP
E5 - Letter from Parking Eye to MP
E6 - SAR response from Parking Eye
E7 - SAR sent to DVLA
E8 - SAR response from DVLA
E9 - Letter from MP to DVLA
E10 - Response from DVLA to MP
E11 - Letter from MP to Parking Eye
E12 - First V5C form
E13 - Second V5C form
E14 - Letter from me to Parking Eye (Alex Cooke)
E15 - Email from MP to Parking Eye chasing up delayed response
E16 - Final letter to Parking Eye (Director)
E17 - Receipt from The Range
«1345

Comments

  • Le_Kirk
    Le_Kirk Posts: 22,312 Forumite
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    edited 6 September 2019 at 4:17PM
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    You leave the dates blank and the judge will fill them in. I don't think the claimant provides a defence, surely they provide a claim or a witness statement. To get more advice from people who have actually been through the process, search the forum using the keyword(s) set-aside judge satisfy as that is what you have to do, prove why it wasn't your fault you did not get to the hearing (which you seem to have done) and that you have a defence for the original alleged infringement.
  • Umkomaas
    Umkomaas Posts: 41,354 Forumite
    First Anniversary Name Dropper First Post Photogenic
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    I however have proof that the driver was a geniuine customer in that shop.
    Is this your principal reason for applying for a set aside? If it is, you're about to launch £255 into a black hole.

    Did you not defend the original court case?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • FinesAreBad
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    Umkomaas wrote: »
    Is this your principal reason for applying for a set aside? If it is, you're about to launch £255 into a black hole.

    Did you not defend the original court case?


    My reason for applying for the set aside is because I don't want the CCJ on my credit file. I am looking to apply for a mortgage next year and I want my credit file rid of this nonsense.

    I didn't get a chance to defend the original court case, as I have stated so in my witness statement. I learned about the CCJ a few months after it was ordered as a resulf of a Default Judgement, I first want to get the CCJ set aside and then worry about preparing a defence.
  • The_Deep
    The_Deep Posts: 16,830 Forumite
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    I first want to get the CCJ set aside and then worry about preparing a defence.

    The judge may ask how you plan to defend the original claim.

    Nine times out of ten these tickets are scams so consider complaining to your MP.

    Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

    Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

    http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

    Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies
    You never know how far you can go until you go too far.
  • FinesAreBad
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    Hi The Deep,

    I got you all I'm going to work more on my defence arguments and try to come up with something better. I've done so, the MP wrote to Parking Eye on my behalf :j asking them to suspend any recovery attempts, alas they don't care. :(
  • Umkomaas
    Umkomaas Posts: 41,354 Forumite
    First Anniversary Name Dropper First Post Photogenic
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    My reason for applying for the set aside is because I don't want the CCJ on my credit file. I am looking to apply for a mortgage next year and I want my credit file rid of this nonsense.

    I didn't get a chance to defend the original court case, as I have stated so in my witness statement. I learned about the CCJ a few months after it was ordered as a resulf of a Default Judgement, I first want to get the CCJ set aside and then worry about preparing a defence.

    Just spotted this in your WS - missed it in my original skim read. Service of claim to a former address is usually a trigger for a set aside.

    Thanks for clarifying.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • FinesAreBad
    Options
    Le_Kirk wrote: »
    I don't think the claimant provides a defence, surely they provide a claim or a witness statement.

    I have updated my DRAFT ORDER it's the same as the one from Theadore's thread. :)

    ================================================================
    ================================================================

    DRAFT ORDER
    IN THE COUNTY COURT AT: XXXX
    CLAIM No: XXXXXXXXXX
    BETWEEN:
    PARKING EYE LIMITED (Claimant)
    -- and --
    XXXXXXXXXX (Defendant)
    ______________________________________________
    DRAFT ORDER
    ______________________________________________

    IT IS ORDERED THAT:

    1. The default judgment dated on XXX June 2018 be set aside.


    2. Costs to be reserved.


    3. Unless the Claimant serves a copy of the claim form on the Defendant by 4pm on XX/XX/19 paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £255 and the claim shall be struck out.


    4. If the Claimant serves the claim form as directed in paragraph 3 the Defendant shall file and serve a defence by 4pm following 14 days on XX/XX/19.


    5. Should the Claimant discontinue the Claim after the CCJ is set aside, paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £255.


    6. All enforcement be put on hold pending the outcome of the application.



    Just to make sure I understood right, by asking the Claimant to serve me with a claim form I am basically asking them to start a new claim against me if they so desire and if the set-aside is successful, but limiting them to a date and time. Is that correct?
  • FinesAreBad
    Options
    Umkomaas wrote: »
    Just spotted this in your WS - missed it in my original skim read. Service of claim to a former address is usually a trigger for a set aside.

    Thanks for clarifying.

    I am fairly confident they will agree to the set aside. In fact the court invited me to apply for a set-aside. it's my defence I am not so confident about. Not that I don't believe I have one, I'm afraid of going with a badly prepared one.

    Of course! :A
  • FinesAreBad
    Options
    The_Deep wrote: »
    I first want to get the CCJ set aside and then worry about preparing a defence.

    The judge may ask how you plan to defend the original claim.

    Nine times out of ten these tickets are scams so consider complaining to your MP.

    Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

    Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

    http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

    Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies

    This is good I will include it in my witness statement. Has parliament said or raised any issues about Parking Eye? I would love to reference that too. :T
  • Umkomaas
    Umkomaas Posts: 41,354 Forumite
    First Anniversary Name Dropper First Post Photogenic
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    This is good I will include it in my witness statement. Has parliament said or raised any issues about Parking Eye? I would love to reference that too. :T
    Which part are you particularly thinking about including?

    A lot of it is rant, the small claims court is not the place to unload that bluster.

    PE were probably mentioned somewhere along the line in the Sir Greg Knight Bill, but they're more famous for their involvement in the Beavis case where The Supreme Court (the highest court in the land) supported their position, largely changing the face of private parking and why you're probably facing court proceedings right now.

    You need to be focusing on legal issues that support your case.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
This discussion has been closed.
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