Unexpected CCJ and N244 Application Options

[RMCHYORK]

Hi all,

Thank you for any forthcoming help. I've read the FAQs intensely and several other good threads on here and MSE but feel I could use a little bit more help.

My brief background is;

I received a PCN back in July 2017, having parked in my own spot for not displaying the parking permit. The private company operated in a gated parking community for my building and wasn't in action when we moved into the building. The notice was on my seat (as I don't want people to know my address while I'm out) however, clearly wasn't obvious enough on the dashboard.

I appealed at the time using a letter from this board, and asking for a POPLA code however I received no response. Over the next couple of years I received ever increasingly threatening letters, however each time I moved properties I made sure to inform them of my new address, making sure I explained I still denied the charge. I intended on going to court to defend myself as and when they brought it upon me.

Fast forward to now, when me and my partner are attempting referencing and I'm told I have a CCJ of which I've no prior knowledge. Turns out that they supplied a court date to my old address 6 weeks after we'd moved. I had attempted to contact them to provide my new address and was bounced about a bit before eventually they accepted my new address in Jan 2019 (unsure why as court proceeding where in the Oct 18). I'm sceptical as to the process as I informed DRP Ltd, who I thought (and had previously informed of my address change) was handling my case. They then waited over two weeks until they responded to let me know they no longer were handling my case and to contact Gladstones. Meanwhile it was in that time that they served the papers to my old address, the cynic in me thinks they tipped Gladstones off.

So now I'm left with completing the N244 application for a set aside and an attempt to clear the CCJ and defend the case. I believe I have a good case for a set aside as I had tried hard to provide my new address each place I'd moved and have only just found out about it now. As well as that I would like to defend myself on the basis that it was my car, in my space and that when we moved in there was no discussion of a Private parking company later being added to restrict the car park.

I've loosely drafted a supporting statement to enter with the N244 and would also appreciate advise on that. If anyone can help on this matter I would be massively grateful, and if you need me to supply anymore information on the matter I will do so with haste.

Thanks again,
Rob

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[RMCHYORK]

Hi all,

I have formed a loose draft as a supporting statement for my N244 application and would appreciate any advice on it:

I am XXXX and I am the Defendant in this matter. This my supporting Statement in support of my application dated 22 July 2019 to:


1. Set aside the Default Judgement dated XXXX as it was not properly served at my current address and order for the Claimant to pay the Defendant £255 as reimbursement for the set aside fee;



2. Order for the original claim to be heard at a re-hearing.



1. Default Judgement



1.1. I understand that the Claimant obtained a Default Judgement against me as the Defendant on XXXX. I am aware that the Claimant is UK Car Park Management Ltd, represented by Gladstones Solicitors and that the claim is in respect of an unpaid Parking Charge Notice from the XXX at Apartment XXXX. I further contest this charge for the reasons outlined in Part 2 of this defence.



1.2. The claim form was not served at my current address and I thus was not aware of the Default Judgement until XXXX. I understand that this Claim was served at, XXXX. However, I left this address on XXXX and moved into my current address on XXXX. In addition to this, for all future correspondence I attempted to provide my new address to the claimant via email on XXXX and can provide all correspondence between myself and the relevant parties in attempting to achieve an address change. Further to this I can supply documentation from XX Borough Council showing my updated details for the purpose of paying council tax. These are attached as Exhibit X.


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 at the time of the claim. They have used information that was at the time out of date despite correspondence from myself to notify them otherwise.



1.4. According to publicly available information my circumstances are far from being unique. The industry’s persistent failure to use correct and current addresses results is an unnecessary burden for individuals and the justice system across the country. 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 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.”



1.5. 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.!



1.6. 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 and I ask the Court to kindly consider the reimbursement of the fee of £255 from the claimant should this request be successful.

I'm currently preparing my defence, and would be really grateful if anyone had any help for me regarding this as well, whether there is a standard defence or if I need to tailor it to be more personal to my own situation?

Thanks

[nosferatu1001]

Stop. You need more than that

You have 3 elements you MUST provide.

1) Witness statement supportnig why the set aside shoudl be granted. You have to show the court one of two things - an automatic right to set aside, or another good reason.
1a) automatic would be it was not served correctly. You need to show that X years between last contact and when they issued claim shows they knew or should have known the address they had was more likely than not a "bad" address. You SHOW THE COURT you could be found at your new address, had they bothered - council tax, phone bill, water bill etc all at new address
b) A defence to the original claim exists. UKCPM in 2017 likely did NOT meet the requirements to HOLD A KEEPER LIABLE - dont identify the driver, if you appealed and DID, then ignore this bit it no longer applies at all - so youre not liable. State the driver displayed the permit, and if your lease / tenancy did not require the display of such and just gave you a right to park well theres a third line of defence.
2) Draft order - this should be the SIX POINT DRAFT order from MSE forum -> newbies thread -> psot 2, set asides. in fact read all that post on set asides. Google it. You want the 6 points as no judge gives costs on set aside, they prefer to reserve, and if the claimant then discontoniues you lose your money.
3) THe defence as 2b. This isnt optional. You do both.

Get your lease / TA / rental agreement / etc and find out what it says.