CCJ logged against me without my knowledge- Please help Options

[niikii]

I'm new in this forum. I need your help please I'm tenant in private residence UK CAR-PARK ENGAGEMENT took control our residence parking nearly 9 month ago and I got 6 ticket all together.

My vehicle was issued 6 ticket one after another 1st PCN on 16th of June 2016 the day I have parked my car at Lantern Close in bay no:46 where usually I’m parking my car last four years and the reason stated on ticket is “Not displaying valid permit” and I was shocked that my parking permit was displayed on wind screen so why warden issued ticket to me? Before I find out why they issued ticket? I wrote formal appeal to them to give me a reason why they issuing ticket to me? I wrote all the appeal to them for clarify why they issuing ticket to me? Even my permit always displayed on wind screen!
Finally I received their explanation letter on 16th of July after 29 days stating that my permit is not correspond to the parking bay where I’m parking my car. I have a visitor permit which was issued by CPM and my visitor permit displayed on careen and I’m not visitor I’m tenant and I have only visitor permit they supposed to give more clear reason on ticket that “Not displaying valid residence permit “Instead of saying “Not displaying valid permit” until now I was thinking that I have valid permit and I'm parking my car in 46 bay last four years and the 46 bay owner they don't have car and they were happy to let me park my car in their bay Its took 29 days to know what happened in between they already issued 5 ticket unfairly I’m not stupid if I knew that they talking about my visitor permit is not valid for 46 bay then I could have moved my car when the 1st ticket was issued not waiting for putting ticket one after another.

After rejected my appeal by CPM I wrote appeal to Independent Appeals Service TheIAS.org and lost my appeal there as well.
Now I'm worried CPM start sending letter to pay £100 each ticket all together £600 I cannot afford.

Please advice on below point.
(1) what is the private car park company rules? CPM took control 9 month ago but they didn't check car park since they took charge of and suddenly in June start issuing ticket to me.
(2) What next as i have lost my appeal in ISA as well
(3) I read in forum that private company can not charge me full amount but they can only charge the money that they loss on private land.

I'm feeling very stressful can somebody help me please!
Sorry for my poor English may I didn't explain very well.
Thank you in advance for your help.

This post has been edited by niikii: Fri, 12 Aug 2016 - 10:27

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[henrik777]

Dont ring a parking company. You have no record of whats said, and you may say something untowards.

A letter to them sent proof postage is always going to be much more preferable and you can document what was said.

1. It's not a parking company, it's their "solicitors"

2. Time is short.

3. It's the most sensible thing under the circumstances.

[bearclaw]

If they say get lost - you've no evidence you can wave in front of a court...

And time isn't that short - theres certainly time for a letter to be sent stating that a set aside will be applied for within ten days say unless they agree to an uncontested one, and that would be so much better etc...

[henrik777]

If they say get lost - you've no evidence you can wave in front of a court...

And time isn't that short - theres certainly time for a letter to be sent stating that a set aside will be applied for within ten days say unless they agree to an uncontested one, and that would be so much better etc...

Well you'd have phone records and your own testimony, plus the email you'd send to back up the conversation.

Time is always short for a set aside.

This post has been edited by henrik777: Tue, 15 Jan 2019 - 12:21

[niikii]

Thank you for response.

Now I'm worried as mentioned time is short.

As I got CCJ on July 2018 and I just released 10 days ago and still reading all threads to understand how and what to do to make application for set aside.

So is there any time limit I have to apply for set aside?

[southpaw82]

If you’re relying on the court’s discretion, promptly, meaning pretty damn quick. I’ve seen them refused after as little as two weeks. Otherwise, no limit.

This post has been edited by southpaw82: Tue, 15 Jan 2019 - 20:53

[henrik777]

http://www.justice.gov.uk/courts/procedure...il/rules/part13

(2) In considering whether to set aside or vary a judgment entered under Part 12, the matters to which the court must have regard include whether the person seeking to set aside the judgment made an application to do so promptly.

[niikii]

Hello again, sorry for delay in proceeding as so many issue going with me same time.
I'm confuse on draft order on point no 3 like

3. Unless the Claimant serves a copy of the Claim Form on the Defendant by 4pm on xx/xx/18 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.

bold date: what mean of that date ? i mean what date I should mentioned.

4. If the Claimant serves the claim form as directed in paragraph 3 the Defendant shall file and serve a defence by 4pm on xx/xx/2018

same on point 4 as well.

[niikii]

Can I ask if some one can talk to me on phone please as I'm not good on language and not understanding very well.

I know it silly to ask personal phone call but it will help me a lot.

Thank you.

[bearclaw]

Have you looked for a six point draft order yet and have the N244 form. You need to understand the process around this as otherwise you are likely to run into issues and fail.

You need the form for the set aside - N244
You need a reason for the set aside. Improperly serving the papers on you will mean that you will be granted the set aside if you act PROMPTLY.

The form needs a witness statement from you stating what happened around not being served the papers. You need a draft order that details what you would like the court to do. It's critical to understand the process so you can figure out what the process is.

Since if you search for a 6-point order you also get lots of speeding related hits, A sample draft order is below.

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.

[Ollyfrog]

bold date: what mean of that date ? i mean what date I should mentioned.

3. They have to send the claim form to you again. Pick a date that you expect it by, but be reasonable in how much time you give them. Maybe 08/02/19? - see what others suggest.
4. This is how much time after the date in 3 that you need to send your defence to them & the court. As this should already be half done, maybe 22/02/19?
That's the meaning of the dates - but see which dates/how long others suggest.

[niikii]

Have you looked for a six point draft order yet and have the N244 form. You need to understand the process around this as otherwise you are likely to run into issues and fail.

You need the form for the set aside - N244
You need a reason for the set aside. Improperly serving the papers on you will mean that you will be granted the set aside if you act PROMPTLY.

The form needs a witness statement from you stating what happened around not being served the papers. You need a draft order that details what you would like the court to do. It's critical to understand the process so you can figure out what the process is.

Since if you search for a 6-point order you also get lots of speeding related hits, A sample draft order is below.

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.

Thank you for your reply.

Yes I did find the 6 point draft order and also prepared WS and Set aside default Judgment.
but I.m stuck over point 3 which date i need to mention? as I'm sending set aside application now, so which date by claimant has to serve copy of claim form? i'm confuse here.

[bearclaw]

See Ollyfrogs response above which covers it nicely.

[niikii]

Thank you Ollyfrog now I understood and used the date mentioned.





Today I'm going to send application along with 6 point draft order, WS and Set aside default judgment via email.

Do I need to send three paper copy to court via post as well? and also do i need to send paper copy to GS?

[niikii]

Unfortunately court phone lines not working so I cannot make a payment.

In court email its clearly mentioned that after made a payment via phone then i can send application via email.

not sure what to do ?

I don't want to send cheque as it will take longer time to clear.

[nosferatu1001]

Or you make it easier - state "within 14 days f the set aside being granted" for 3, and another *relative* date for point 4.

[niikii]

Or you make it easier - state "within 14 days f the set aside being granted" for 3, and another *relative* date for point 4.

Exactly same I did as those word I found in another thread so used that way and mentioned date in point 4.

[southpaw82]

You need a reason for the set aside. Improperly serving the papers on you will mean that you will be granted the set aside if you act PROMPTLY.

If the papers were not lawfully served (which has nothing to do with actual receipt) then the court must set aside the default judgment as of right under CPR 13.2. There’s no requirement to act promptly.

If the papers were lawfully served then the court may set aside the default judgment under CPR 13.3. The defendant must act promptly. It would be wrong to say in definite terms that the court will grant the set aside under 13.3, as it is a discretionary power.

[henrik777]

You need a reason for the set aside. Improperly serving the papers on you will mean that you will be granted the set aside if you act PROMPTLY.

If the papers were not lawfully served (which has nothing to do with actual receipt) then the court must set aside the default judgment as of right under CPR 13.2. There’s no requirement to act promptly.

If the papers were lawfully served then the court may set aside the default judgment under CPR 13.3. The defendant must act promptly. It would be wrong to say in definite terms that the court will grant the set aside under 13.3, as it is a discretionary power.

And as you can never be certain that it wasn't served you should act promptly in case 13.2 is of no use to you and you then have to rely on 13.3.

[niikii]

Today I have posted 3 copy each with the court fee cheque attached.

I will update once hearing date confirm.

Thank you all.

[nosferatu1001]

Did you include
Witness Statement
Defence (draft)?
alongside the draft order?