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    • Alex1988
    • By Alex1988 16th May 18, 1:31 AM
    • 3Posts
    • 1Thanks
    Alex1988
    Set Aside Application - Mental Disability
    • #1
    • 16th May 18, 1:31 AM
    Set Aside Application - Mental Disability 16th May 18 at 1:31 AM
    Hi. Hoping for some help. I am in the process of applying for a set aside for a CCJ from a parking ticket, I have all the forms and a witness statement filled out. I have been diagnosed as autistic and need to know at what point I need to mention this in my application. I need to be accommodated so I don't panic at the court and 'incriminate' myself by saying something wrong. Please help me out. Thanks
Page 1
    • nosferatu1001
    • By nosferatu1001 16th May 18, 8:24 AM
    • 2,430 Posts
    • 2,980 Thanks
    nosferatu1001
    • #2
    • 16th May 18, 8:24 AM
    • #2
    • 16th May 18, 8:24 AM
    Just include it in the witness statement, I would guess.

    Could be worth your Witness statement, Draft Order, and Defence being posted here...
    • Alex1988
    • By Alex1988 16th May 18, 10:43 PM
    • 3 Posts
    • 1 Thanks
    Alex1988
    • #3
    • 16th May 18, 10:43 PM
    • #3
    • 16th May 18, 10:43 PM
    I have copied a lot of bits off of this forum. I hope they are ok. My girlfriend has told me to add my Autism onto this but I don't know where or how.

    Draft
    Set Judgment Aside. The defendant was not served with proceedings at his residential address. The claimant was on notice that the defendant had moved. The defendant contends that as service was not effective, the claimant was not entitled to seek judgment in default.

    Witness Statement
    IN THE NORTHAMPTON COUNTY COURT

    Claim No. X

    BETWEEN:

    Parking Control Management (UK) Limited


    -- and --


    X


    _____________________________________


    WITNESS STATEMENT

    ______________________________________




    I am X and I am the Defendant in this matter.
    This my supporting Statement in support of my application dated 16/05/18 to:
    · Set aside the Default Judgment dated X 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 on X. However, this claim form has not been served at my current address and I thus was not aware of the Default Judgement until I had received the Judgment for Claimant (in default) letter on X. I understand that this Claim was served at an old address (X). However, I moved to a new address in X. In support of this I can provide confirmation my signed rent agreement form.

    1.2. I updated my details with the DVLA when I moved address, long before the claim against myself.

    1.3. I believe the Claimant has behaved unreasonably in pursuing a claim against me without ensuring they held the Defendant’s current and 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 properly. 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 would have needed to comply with the requirements of 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 any Notice to Keeper served by the Claimant must be served within 14 days of the date of the alleged incident. Since I have not received any of the requested documentation from the Claimant prior to finding out about the Default Judgement, 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. I further submit that the Claimant’s claim is without merit due to substantial issues in law. This is for the following main reasons:
    2.5.1. Lack of Standing by Claimant: The Claimant is unlikely to be the landowner of the service yard 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.
    2.5.2. 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.
    2.5.3. 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.
    2.5.4. 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 Parking Control Management (UK) Limited.

    2.6. 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.
    2.7. In order to make informed decisions and statements in my defence as keeper of the a 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.
    Full name: X

    Dated: 16/05/18

    Signed: X

    Thanks for helping. I need to get this done and sent so I can stop stressing
    • Alex1988
    • By Alex1988 17th May 18, 12:00 AM
    • 3 Posts
    • 1 Thanks
    Alex1988
    • #4
    • 17th May 18, 12:00 AM
    • #4
    • 17th May 18, 12:00 AM
    I also want to check where I stand in regards to defending myself in court, should it get that far
    • Coupon-mad
    • By Coupon-mad 17th May 18, 1:20 AM
    • 57,301 Posts
    • 70,914 Thanks
    Coupon-mad
    • #5
    • 17th May 18, 1:20 AM
    • #5
    • 17th May 18, 1:20 AM
    Bumping for comments tomorrow as this OP needs help! Too late for tonight!
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

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