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HIGHVIEW PARKING LIMITED vs Myself CCJ
evilmrkipling
post Wed, 18 May 2022 - 15:06
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In 2017 I unfortunately made use of the parking facilities at Urban Exchange M4 Manchester and despite spending money in their shops I overstayed my welcome by 17 minutes and now they want more money for the privilege. The car park there at Urban Exchange is managed by Highview Parking Limited. The state that 1 hour is free and up to 2 hours must be authorised by the shops themselfs. Their ANPR says I was in the car park for 1 hour and 17 minutes. There are a few posts online about how difficult it is to get the shops to authorise the parking and it really isn't clear at all how the system works.

Now a few years have passed and I no longer own the vehicle and I no longer live at the registered keepers address.

In december 2021 they entered a CCJ against me and won by default, I did not receive any paperwork as I was no longer at the address they had on file. I noticed the CCJ appear on my credit file some months later.

Particulars of Claim:
1. THE DEFENDANT(D) IS INDEBTED TO THE CLAIMANT © FOR A PARKING CHARGE(S) ISSUED TO VEHICLE HD57BWF AT URBAN EXCHANGE M4 2. THE PCN DETAILS ARE 05/08/2017, XXXXXXXXXXXXX 3.THE PCN(S) WAS ISSUED ON PRIVATE LAND OWNEDOR MANAGED BY C. THE VEHICLE WAS PARKED IN BREACH OF THE TERMS ON CS SIGNS (THE CONTRACT), THUS INCURRING THE PCN(S).4. THE DRIVER AGREED TO PAY WITHIN 28 DAYS BUT DID NOT. D IS LIABLE AS THE DRIVER OR KEEPER. DESPITE REQUESTS, THE PCN(S) IS OUTSTANDING. THE CONTRACT ENTITLES C TO DAMAGES. AND THE CLAIMANT CLAIMS 1. £165 BEING THE TOTAL OF THE PCN(S) AND DAMAGES. 2. INTEREST AT A RATE OF 8% PER ANNUM PURSUANT TO S.69 OF THE COUNTY COURTS ACT 1984 FROM THE DATE HEREOF AT A DAILY RATEOF £0.02 UNTIL JUDGMENT OR SOONER PAYMENT. 3.COSTS AND COURT FEES

1st of April 2022 - I submitted an N244 as soon as I was aware of the CCJ on the stating:
Set Judgment Aside - I do not live at the service address and have received no claim forms from the court. I received no pre court documents from the claimant and I do not know who the claimant is. The first I heard about this is finding the judgement on my credit file. Further to this I have been in hospital with a serious illness for some months and this combination of an incorrect address and illness has made it impossible for me to reply in time. I deny that any money is owed to the claimant and will defend the case against my name. To enter a full defence I need to gather further information. Once the claimants details have been provided to me I will contact them directly to resolve this matter hopefully without wasting any further time of the courts.

I have received confirmation from the court that the hearing is to be heard on the 31st of May 2022

I have received a witness statement from DCBL Ltd on behalf of Highview Parking Ltd that I will attach here.
https://drive.google.com/file/d/1SsfWc1vdHf...iew?usp=sharing
DCBL LTD Witness Statement (Redacted)

I am wondering how to proceed now and would be grateful for any advice.

This post has been edited by evilmrkipling: Wed, 18 May 2022 - 17:38
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post Wed, 18 May 2022 - 15:06
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nosferatu1001
post Wed, 18 May 2022 - 15:12
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So is the address in para 17 the right address, or another address?

If it's not the address you were living in at the time, what address is it and why would they have traced you there?

Did you get a pcn at any point?
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evilmrkipling
post Wed, 18 May 2022 - 15:17
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QUOTE (nosferatu1001 @ Wed, 18 May 2022 - 15:12) *
So is the address in para 17 the right address, or another address?

If it's not the address you were living in at the time, what address is it and why would they have traced you there?

Did you get a pcn at any point?


It was the keepers address of the vehicle registered with DVLA back in 2017. The vehicle has been sold and I no longer live at that address.

I do not rememeber receiving any prior comunication from them.

This post has been edited by evilmrkipling: Wed, 18 May 2022 - 15:53
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nosferatu1001
post Wed, 18 May 2022 - 22:07
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Ok, so have you established that you were "there to be found" at your address you WERE at when they failed to serve the claim form?

This would be by confirming you had bills - council tax, phone, ANHTHUNG - at that address

If you do you can cast doubt that the address they allegedly "traced" you at was something they truly traced you at. You can show you were "there to be found " and as such the form was not served. At that point the auto set aside under cpr 13.2 is available to you. I assume you've read it?
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evilmrkipling
post Thu, 19 May 2022 - 15:12
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QUOTE (nosferatu1001 @ Wed, 18 May 2022 - 23:07) *
Ok, so have you established that you were "there to be found" at your address you WERE at when they failed to serve the claim form?


I officailly left the address the end of September 2021 (two months before they served court papers), since then I have not paid any bills at any other address and left the UK in November.

Not sure how I could prove I was "there to be found" at an address outside of the UK.
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nosferatu1001
post Fri, 20 May 2022 - 12:28
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You didn't answer the question so I'll break it down.

When they served the claim, where were you ? Uk or not uk?
Are you permanently out the uk?
If so then you need to point out the uk court had no jurisdiction over you, and still don't. The matter of you being non uk resident is a matter of fact as of x date until...
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evilmrkipling
post Fri, 20 May 2022 - 14:43
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To clarify the dates exactly:

September 31st 2021 - I moved out of my address
November 15th 2021 - I left the UK
November 25th 2021 - They severed court papers at an address I was no longer living at
December 17th 2021 - Judgement by default was issued against me
April 1st 2022 - I realised I had a CCJ against me on my credit file and contacted the court for more information
April 1st 2022 - I immediately sent the court a N244 request to have the judgement set aside


QUOTE
Are you permanently out the uk?


The question is a little more difficult to answer as it was not my intention to be out of the UK for so long but I ended up becoming ill and spending a lot of time in the hospital.

I do have intentions to return to the UK and I am hesitant to officially declare that I am no longer a resident of the UK in case this may make things difficult for me in the future.

I guess I could declare for the sake of this case that I am currently a non-resident of the UK if you think that it is the pivotal argument to win this case..

The fact remains that I have not been in the UK from November 15th 2021 and I still remain out of the UK to this day.
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Gerfc1
post Fri, 20 May 2022 - 16:25
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So you were at the address when the PCN is issued on 1st September 2017.

Did you recieve that PCN?
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evilmrkipling
post Fri, 20 May 2022 - 17:29
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QUOTE (Gerfc1 @ Fri, 20 May 2022 - 17:25) *
Did you recieve that PCN?

Not that I remember, however the first PCN is included in the Witness Statement on page 19.
The date of the notice is 01/09/2017 and the date of contrevention they have as the 05/08/2017

This post has been edited by evilmrkipling: Fri, 20 May 2022 - 17:45
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evilmrkipling
post Fri, 20 May 2022 - 17:46
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QUOTE (Gerfc1 @ Fri, 20 May 2022 - 17:25) *
So you were at the address when the PCN is issued on 1st September 2017.


Yes I was at that address at that time
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evilmrkipling
post Fri, 20 May 2022 - 19:27
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Here's my first draft! Let me know what you think so far...cheers!



On behalf of the defendant

Statement no.1

20/05/2022



In The County Court At Manchester



Claim Number



HIGHVIEW PARKING LIMITED VS




Witness Statement



I am the defendant in this case. The facts and matters set out in this statement come from my personal knowledge and I believe them to be true.



I was not able to reply to the court documents as I was no longer at the service address at the time the court papers were served. I moved out of the address on the 30th of September 2021



September 31st 2021 - I moved out of my address

November 15th 2021 - I left the UK

November 25th 2021 - I was served court papers at an address I was no longer living at

December 17th 2021 - Judgement by default was issued against me

April 1st 2022 - I realised I had a CCJ against me on my credit file and contacted the court for more information

April 1st 2022 - I immediately sent the court a N244 request to have the judgement set aside



I received no pre court action dated prior to this date



The Claimant's Witness Statement point 20g about prompt action is incorrect.

As soon as I realised I had a CCJ on the 1st of April I applied to have the judgement set aside.



######### Draft order ######



Between



Claimant xxxxxxxx

-and-Defendant xxxxxxx







Draft Order



It is respectfully requested that the Judgement dated xxxxxx claim number xxxxxxxx issued under Part 12 CPR be set aside pursuant to CPR 13.3. a/b.



It is Ordered



The Claim be set aside and the defendant be allowed to defend the claim



Signed



Dated.





DRAFT DEFENCE




(1) the Claimant is suing the wrong person, the Claimant should be suing the driver of the vehicle and has not established keeper liability under Schedule 4 of the Protection of Freedoms Act 2012; a Notice to Driver should have been delivered within 14 days if the claimant wishes to rely on Keeper liability. Claimant's Witness Statement exhibit 3 clearly shows that their Charge Notice was issued on the 01/09/2017, 27 days after the alleged contravention. DCBL still have no idea whether they are pursuing the keeper or the driver and are disregarding Schedule 4 of the Protection of Freedoms Act 2012 in order to try their luck in the hopes of dishonest financial gain.



The claimant is put to strict proof that it was indeed the defendant who was driving the car at the time.



(2) Locus Standi - the Claimant is not the landowner and I do not believe they have the authority to bring this claim. A letter - not even from the landowner - saying there is an agreement is not the same as producing an agreement (Claimant's Witness Statement exhibit 1);



The claimant is put to strict proof that they have the consent of the land owner and is asked to produce the actual agreement between themselves and the landowner.



(3) the convoluted "free parking voucher" scheme is an unfair term under the Consumer Rights Act 2019;



(4) I do not believe the Claimant has obtained planning permission for their signs which is a criminal offence and makes it impossible to have formed a contract with the driver;



The claimant is put to strict proof that they have the correct permissions from Manchester Council in order to operate the site as a parking business.



(5) The Claimant is claiming the debt, legal costs and an extra invented sum as an attempt at double recovery which invalidates the whole claim. Their action is expressly forbidden under the Parking (Code of Practice) Act 2019 and ensuing government Code of Practice, as well as previous legislation.



(6) Both the BPA and the IPC do not not have compliant Codes of Conduct. They are in breach of the Law in two ways at least which has been confirmed by the new Private Parking Code of Practice introduced by the Government earlier this year which clarifies the position that has always existed on the Protection of Freedoms Act 2012 but ignored by most parking companies as well as the BPA and IPC.





(7) Escalation of costs

Private Parking Code of Practice s9 states in the most recent publication ‘Private parking charges, discount rates, debt collection fees and appeals charter: further technical consultation’. 36. To reduce harm to motorists, we propose to cap the level of debt recovery fees at the existing industry level £70. In setting this cap, we have taken into consideration the deterrent effect, the amount of court fees and the costs to operators of enforcing parking charges. We will keep the cap under review and will take these factors into consideration when setting it in future.



The parking operator must not levy additional costs over and above the level of a parking charge or parking tariff as originally issued.

The claimants WS Exhibit 3 demonstrates the unlawful progression of a £55 charge becoming £135, and escalating to £165 in Exhibit 5, way in excess of what code of practice dictates.



Even back in 2017 the charges were unlawful and on that basis the PCN should have been cancelled as an abuse of process.



Charging of extra debt collection/ administrative costs etc over and above £100. This has always been the case . Schedule 4 s4[5] states "(5)The maximum sum which may be recovered from the keeper by virtue of the right conferred by this paragraph is the amount specified in the notice to keeper under paragraph 8(2)© or (d) or, as the case may be, 9(2)(d) (less any payments towards the unpaid parking charges which are received after the time so specified).



(8) Most parking companies are breaking the Law by using ANPR cameras that records the entrance and leaving of the car as the "period of Parking" on their Notice to Keeper which is necessary to comply with PoFA 2012. It is obvious that a car is not parked as it is driving within the car looking for a space, then parking in it and then leaving the car park should be not included in the ANPR times. In addition if there are disabled people in the car or children in car seats this can all add to the time. So given that there is a minimum of 10 minutes "consideration time" it is more than probable that the parking period was complied with and that the case should never have been taken to Court. It also means that the keeper's GDPR was breached.
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DWMB2
post Fri, 20 May 2022 - 19:45
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QUOTE (evilmrkipling @ Fri, 20 May 2022 - 20:27) *
September 31st 2021 - I moved out of my address

November 15th 2021 - I left the UK

It may be beneficial to fill in the gap between you moving out on September 31st and you leaving the country in November. Presumably you lived somewhere in that time, so it might help to say where you moved from and to, for clarity (obviously redacting that info when posting your draft here).


--------------------
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evilmrkipling
post Sat, 21 May 2022 - 11:06
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Witness Statement

  1. I am the defendant in this case. The facts and matters set out in this statement come from my personal knowledge and I believe them to be true.
  2. I was not able to reply to the court documents as I was no longer at the service address at the time the court papers were served. I moved out of the address on the 30th of September 2021
  3. Timeline:
    September 30th 2021 - I moved out of my address (Please refer to Exhibit A & Exhibit B)
    November 15th 2021 - I left the UK (Please refer to Exhibit C & D)
    November 25th 2021 - I was served court papers at an address I was no longer living at
    December 17th 2021 - Judgement by default was issued against me
    April 1st 2022 - I realised I had a CCJ against me on my credit file and contacted the court for more information
    April 1st 2022 - I immediately sent the court a N244 request to have the judgement set aside
  4. I received no pre court action dated prior to this date, the claimant states that letters were not returned undelivered but have not provided any proof of postage, any tracking details nor any proof of delivery.
  5. The claimant states that they conducted a trace prior to issuing court proceedings but have not provided any details of what that trace entails, if the claimant would have checked the land registry they would have seen that the property had been sold on the 1st of October.
  6. I believe that I have demonstrated beyond any reasonable doubt that I have not received the claim forms. Not only was I no longer at the address the claim forms were issued, I was not even in the country. Having not received the claim forms I was unable to respond and was unable to defend the claim having no knowledge of it at the time.
  7. It is respectfully requested that the Judgement dated xxxxxx claim number xxxxxxxx issued under Part 12 CPR be set aside pursuant to CPR 13.3. a/b.
  8. The Claimant's Witness Statement point 20.g regarding prompt action is incorrect. As I was not in receipt of any claim forms the only way I found out about the CCJ was checking my credit file. As soon as I realised I had a CCJ on the 1st of April I contacted the CCBC the same day and applied to have the judgement set aside.
  9. I attach a draft defence and also a draft of the order I would respectfully request the court to make.
  10. I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.


Exhibit A - Letter from landlord proving end of tenancy on the 30th of September
Exhibit B - Land registry document proving change of ownership and sale of property on the 1st of October
Exhibit C - Flight ticket showing exit from the UK
Exhibit D - Passport stamps further proving exit from the UK

This post has been edited by evilmrkipling: Sat, 21 May 2022 - 11:06
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nosferatu1001
post Sat, 21 May 2022 - 22:07
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If at the point they filed the claim you were not resident in the uk , you were outside the courts jurisdiction
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evilmrkipling
post Sat, 21 May 2022 - 22:42
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QUOTE (nosferatu1001 @ Sat, 21 May 2022 - 23:07) *
If at the point they filed the claim you were not resident in the uk , you were outside the courts jurisdiction

Do you think I should declare this in the WS? What action do you think the judge will take given this information?
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nosferatu1001
post Sat, 21 May 2022 - 23:39
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Well, not a lot, but you do need to explain how the claim wasn't served. That's basically yoir only hope. So, as you should know, the fact they had no comms means they had to trace before filing yet the trace seemed to return the exact same address. This should have suggested they were stil wrong.

You essentially cannot NOT disclose this, as otherwise you've got a huge great hole you cannot explain, a really obvious one that the claimant is absolutely going to pounce on.

This post has been edited by nosferatu1001: Sat, 21 May 2022 - 23:40
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