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** Received CCJ** to wrong address
letsfightback
post Thu, 15 Nov 2018 - 12:20
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Hi All,

help on this please.

SCS Law sent letters to an old address resulting in a CCJ against the defendant. Inquiry was made and car was parked on a land managed by UKPC, x3 PCN from 2014 & x1 PCN from 2015.

As letters arrived at an old address than the current one, would judge set aside the judgement based on this scenario?
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post Thu, 15 Nov 2018 - 12:20
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letsfightback
post Thu, 15 Nov 2018 - 22:02
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Guys please help me with this

N244, - this i will fill out, section 10 states my defence so if i fil this bit in do i need to do a witness statement?
witness statement setting out the promptness of the steps taken - what is this? as above do i need to do this?
draft defence - what is this?
draft order - what is this?
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SchoolRunMum
post Thu, 15 Nov 2018 - 22:04
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Please read the thread I just mentioned, it saves us constantly repeating ourselves.

Or go and read any set aside thread on MSE parking forum, they all have the draft order and example WS templates, every week.
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letsfightback
post Thu, 15 Nov 2018 - 22:44
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Sorry for this

how do i check thread of Disgruntled48?
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Ollyfrog
post Thu, 15 Nov 2018 - 23:01
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http://forums.pepipoo.com/index.php?showuser=100853
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SchoolRunMum
post Fri, 16 Nov 2018 - 20:30
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I was rather hoping to encourage you to look further back in the forum and find it, since I gave you the username and it had replies only this week, so is current.
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letsfightback
post Sat, 17 Nov 2018 - 08:29
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xx

Thank you all soo much below is a ws and draft bill please advise - just to recap a CCJ was against the defendant, claim form sent to wrong address

I am xx and I am the Defendant in this matter.
This Witness Statement is 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 Claimant to pay the Defendant 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 14th August 2018. I am now aware, upon finding out about the unknown CCJ and from contacting the CCBC, that the Claimant is UK Parking Control Limited and that the claim is in respect of unexplained conduct, by an unidentified driver of the vehicle, that the Claimant believes led to an alleged Parking Charge Notices three from 2014 and one from 2015 at ‘Coopers Lodge Kingston Upon Thames'. I know nothing about this incident; I have seen no photographs, and no driver of my car has reported receiving a PCN at any point, so this is not a charge that I or a driver has ignored, nor have I had any chance to dispute it. If I had known about this matter, I would have asked for evidence, and I am also aware that this Claimant cannot find a registered keeper liable, as they do not use the POFA/Schedule 4 'right to keeper liability' so there would have been grounds to dispute it, had I known.
1.2. The claim form was not served at my current address and I thus was not aware of the Default Judgement until 12th November 2018 when I undertook a routine credit check. I understand that this Claim was served at 15 The Fairway, East Molesey, Surrey KT8 1PB. However, I moved to a new address at Flat 5 Walpole House, Approach Road, West Molesey Surrey KT8 2LP. In support of this I can provide a copy of confirmation from Elmbridge Borough Council showing my updated details for the purposes of paying Council tax. I admit that, being new to car ownership and DVLA rules, I was unaware that changing my driving licence address details with the DVLA was not enough and I also had to change my details on the V5C logbook, something I have now rectified. I have written to DVLA asking for exact dates when my old date to new change was requested with them. There was no attempt to hide from this Claimant, and I was there to be found at my current address, with a basic trace.
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. At no time between issuing the Parking Charge Notice (2014/2015) and The Claim Form (2018) did the Claimant ever receive any response to any communications served at my previous address. This surely should have casted doubt on the address they were using.
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 from the claimant should this request be successful ORDER FOR DISMISSAL.
1.7. 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. I was the Registered Keeper of a vehicle whose registration mark the Claimant obtained through Automated Number Plate Recognition technology, however I do not know the wording of the contract; I do not know the means by which the contract was alleged to come into force.
2.3. I thus dispute the claim in its entirety since I as the Registered Keeper of the vehicle am unable to understand what the Claimant is claiming for.
2.4. I also believe that the Claimant’s claim is without merit due to substantial issues in law. This is for the following main reasons.
2.5. 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.
2.6. 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 zero or negligible.
2.7. Claimed charge is an Unenforceable Penalty: I further submit that the Parking Charges that the Claimant claimed, given it is not based on any loss suffered due to the alleged breach, is nothing but an unenforceable penalty.
2.8. No contract with the claimant. Any contract must have offer, acceptance and consideration both ways. There would not have been consideration from UK Parking Control to the motorist; the gift of parking is the landowner’s, not UK Parking Control. The car park in question is understood to be free. Therefore there is no consideration from motorist to UK Parking Control.
2.9. 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 must comply with 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.
2.10. 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.
2.11. 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.


DRAFT order

DRAFT ORDER

IN THE COUNTY COURT AT:

xx (Claimant)

And

MR xx (Defendant)

CLAIM No: xx

IT IS ORDERED that:

1. The default judgment dated 14/08/2018 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/2018 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 defense by 4pm on XX/XX/2018.

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 plus the Defendant's costs for attending the hearing.

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

This post has been edited by letsfightback: Sat, 17 Nov 2018 - 08:30
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letsfightback
post Sat, 17 Nov 2018 - 10:11
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any help on the above will be great

thank you
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southpaw82
post Sat, 17 Nov 2018 - 13:13
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I think you’re missing a trick. As I’ve already explained, there are two rules under which the court can set aside a default judgment. One is mandatory, where the requirements for a default judgment have not been met and this includes where the claim form has not been properly served. The other is discretionary, where the court finds you have acted promptly and you have a realistic prospect of defending the claim and/or there is some other good reason for the claim to be heard.

You seem to be betting everything on the court finding that the claimant had a duty to verify your address. This duty, under rule 6.9 is only triggered in certain circumstances. If the court finds it was not triggered you will most probably lose. I think it would be crazy not to apply on the discretionary grounds as well, namely that you have a realistic prospect of defending the claim. You would have to attach a draft defence to your witness statement.

I also don’t understand why you are arguing (without having particularised it in your application notice) for strike out and/or summary judgment on the claim. The grounds for such are not made out.


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Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed.
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