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    • Katiea19
    • By Katiea19 13th Jul 18, 12:21 PM
    • 2Posts
    • 0Thanks
    Katiea19
    CCJ & help to set aside
    • #1
    • 13th Jul 18, 12:21 PM
    CCJ & help to set aside 13th Jul 18 at 12:21 PM
    Hi :-)
    I am new to this site and have so far found all of the information provided extremely useful.
    I've read the Newbies thread & researched all of the info on here. I've written the witness statement but I'm not quite sure if the points I'm arguing are fair and relevant to the case. Any help & guidance would be much appreciated. I'm going to number all of the points before sending it in. Thank you all!

    Background:
    I lived in a flat with a communal car park for a couple of years. During this time I received two parking fines from the company UKPCS. My letting agent contested one of the fines, and I did the other. I never heard anything from UKPCS after this in 2014, and moved out of the property later that year. I had absolutely no idea about the CCJ being served until yesterday when I applied for a mortgage.



    I am xxx and I am the Defendant in this matter.
    This my supporting Statement in support of my application dated xx to:
    • Set aside the Default Judgement dated xx as it was not properly served at my current address;
    • Order for the original claim to be dismissed.

    Default Judgement
    I understand that the Claimant obtained an Unsatisfied Judgement against me as the Defendant in xxx. However, this claim form has not been served at my current address and I thus was not aware of the Default Judgement until xxx when a routine check was performed on my credit file to apply for a mortgage. I understand that this Claim was served at an xxxx. However, I moved to a new address in xxx. In support of this I can provide confirmation of a ‘check out paper’ which shows the date I moved out of the property, as well as evidence of mail redirection.

    o In xxx I moved again and to support this, I have evidence of my change of address with the DVLA and updated the electoral register.

    • The properties within the complex where xxx sat supplied a resident car park which was managed by UKCPS Ltd. I held a parking permit throughout my residence here.

    • During my time of residence at xx I received two notices of parking violations from UKCPS. The letting agents responded to one of the claims on my behalf, and I contested the other on xxxxx which I have evidence of. No further correspondence was received from UKPCS.

    o I never received any response to my contestation, thus was never able to properly challenge the claim, or investigate which claim it related to.

    o On 12th July 2018 I contacted Northampton County Court to find out details of the Default Judgement. The court papers contain no specific details of the alleged incident. There are no dates provided, therefore and I do not know what the Default Judgement relates to.

    o On 13th July 2018 I attempted to contact the Claimant using information given to me by Northampton County Court. I was not able to get through to a member of the Claimant’s staff to discuss, nor have I received a response to my numerous answer phone messages left on the Claimant’s legal department answer-phone. This means as the Defendant, I still do not have any details of the incident the Claimant alleges has taken place, other than the summary of charges now owed, which is shown on the Court papers.

    o 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.


    o 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.

    o 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.


    Order Dismissing the claim
    o 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 because of an alleged breach of contract for parking by a motorist.

    o If the Claimant has obtained details of the vehicle for which I am 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.

    o If the Claimant can evidence that the alleged incident relates to a vehicle for which I am 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.

    o I further submit that the Claimant’s claim is without merit due to substantial issues in law. This is for the following main reasons:

    o 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.

    o 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.

    o 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.

    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.

    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.
Page 1
    • nosferatu1001
    • By nosferatu1001 13th Jul 18, 12:47 PM
    • 2,851 Posts
    • 3,545 Thanks
    nosferatu1001
    • #2
    • 13th Jul 18, 12:47 PM
    • #2
    • 13th Jul 18, 12:47 PM
    You need a Draft Order
    It should be numbered with 1) being to set aside judgement of x date
    2) being to reserve costs
    3) to require the C(laimant) to serve on the D a copy of the Particulars of Claim and copies of the documents they wish to rely upon within 14 days of the hearing
    4) to state the D(efendant) will serve upon the C and the Court within 14 days of receiigng the particualrs a full defence
    5) that if the C discontinues the claim or fails to serve the documents as set out in 3, that para 2 will cease to apply and costs of the set aside hearing fee and costs of attendance, summarily assessed as (£255 plus half a days lost earnings OR LOSS OF LEAVE capped at £95 plus parking plus mileage) are payable by the C within 14 days.

    Wht you have above ISNT an order, it is a defence.
    • Katiea19
    • By Katiea19 13th Jul 18, 1:32 PM
    • 2 Posts
    • 0 Thanks
    Katiea19
    • #3
    • 13th Jul 18, 1:32 PM
    • #3
    • 13th Jul 18, 1:32 PM
    Thanks for your reply and I'm sorry if I'm asking really basic questions, I'm just finding it all a bit confusing.
    So the draft order needs to include the points you've raised? This, along with the witness statement and the statement of case all need to be attached to the N244 form? Thanks again.
    • Le_Kirk
    • By Le_Kirk 13th Jul 18, 1:42 PM
    • 2,835 Posts
    • 1,727 Thanks
    Le_Kirk
    • #4
    • 13th Jul 18, 1:42 PM
    • #4
    • 13th Jul 18, 1:42 PM
    genuine, pre-estimate of loss
    Check this out by searching the forum for this term or GPEOL and you will find that it is no longer used.
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