CCJ set aside help

**Doll2808** · 13th January 2019, 14:30:PM

Sorry I forgot to add first thing tomorrow I will be contact Northampton CCBC to ask for details of the claim as all I have is the Judgment letter. I logged onto moneyclaim and it asks for a password which I haven’t been supplied with as I didn’t receive claim form all I have so far is the claim number.

**R0b** · 13th January 2019, 21:52:PM

I suggest you read this guidance regardng set aside applications. I've attached an example of a letter to be sent to Lowell but you may need to adapt it to suit your situation.

Attached Files

2018-10-24 Letter to Parking Co..docx (18.3 KB, 1 view)

**Doll2808** · 14th January 2019, 11:09:AM

Thank you I will do this now and it send it off today along with set aside. I have just sent a SAR request to Gemini Parking Solutions email stating to provide this information within a month. I also rang Northampton County Court Business Centre for information about the claim but they said it’s gone past that stage now so they can’t provide any information regarding it. The form was supposedly sent to my mothers address.
I am currently just finishing off the set aside form. Part 10 can I send evidence that they were aware of my current address or can I just write that they knew and that we correspond via email and I questioned them as to why they had started to write to my mothers address. The email response I got from them at the time was for me to contact the debt agency and let them know I didn’t as I read somewhere that you are not to contact the debt agency under any circumstances.

Thanks again you have no idea how grateful I am for your help.

**Doll2808** · 14th January 2019, 11:31:AM

Right so I’m editing the draft letter to be sent to Gladstone

“I am writing to you because I have become aware of a County Court Judgment (“CCJ”) in favour of Gemini Parking Solutions. The CCJ was obtained on or about 8 January 2019 and appears to relate to a PCN however, there are no details of the alleged parking event and more particularly, the date, time and location of the parking event is not known.”

I received the reminder letter aka NTK so I know the date and location they haven’t included a time or how long I supposedly overstayed so do I edit the above paragraph to say this.

NTK attached

Also do I need to give them 7days to response as I would prefer to just sent the set aside ASAP the letter is more to just show them what my intentions are.

Attached Files

16742695-484F-4F48-8B86-A5DEEF33F04A.jpeg (72.7 KB, 1 view)

**R0b** · 14th January 2019, 11:45:AM

I would send the letter off today because you should allow them a short period of time to respond and decide whether they consent to setting aside the CCJ so if you send off the application form at the same time then you aren't giving them any opportunity to reply. Also, you will need to state whether the cost of the application is at your expense or theirs but that's a decision for you to make (can't remember if this is included in the letter).

As for section 10 of the N244, you are better off putting your evidence in the form of a Witness Statement. If you click on this link to my templates and under point 8 you'll see an example for a set aside application along with a draft order and a witness statement. Again, you will probably need to amend the statement to include the extra evidence such as knowingly aware of your address change.

If they do come back and consent to the set aside then you will need to attach a slightly different draft order but we can deal with that when we cross that bridge.

P.s. Your letter should be directed to Gemini not Gladstones as you don't know if they are instructed to act on Gemini's behalf in relation to this set aside application. No harm in sending them a copy, but you should be addressing dealing with Gemini, unless Gladstone get in touch direct.

**Doll2808** · 14th January 2019, 13:31:PM

Afternoon Rob. I’ve just realised we may have our wires crossed. I don’t want a consent from them to get the ccj set aside I just thought it would be a good idea to let them know that I would be taking this to court for a set aside without their consent them again I’m sure they will know soon enough when the courts receive my set aside as they will of course be notified.

Regarding section 10 I will look at the link provided now. I’m off work today so trying to get as much done as possible before school run!

Thanks again

**R0b** · 14th January 2019, 14:10:PM

Of course it is up to you if you want to issue an application straight away but going to court is a last resort and you would be expected in the first instance to liaise with Gemini and confirm whether they would be willing to consent to the set aside. For starters, it's a cheaper cost to you at £100 if you did pay and it's also in line with the overriding objective.

Worse case, a court could suggest not awarding you some or all of your application fees back because you acted in haste when it was possible that no legal proceedings were necessary.

**Doll2808** · 14th January 2019, 18:25:PM

Right. That makes a lot of sense. Does it have to be sent by letter or can it be emailed to them. Bit annoyed I didn’t concentrate on that today rather than the witness statement.
I will post what I have come up with so far can you let me know if it’s any good.

1.2 I feel I need to amend as they knew my current address well Gemini Parking Solutions did I don’t see how the debt agency didn’t, rather confusing.

Thanks again Rob

I am………….. and I am the Defendant in this matter.
This my supporting Statement in support of my application dated ………… to:
· Set aside the Default Judgement dated 8th January 2019 as it was not properly served at my current address;
· Order for the Claimant to pay the Defendant £255 as reimbursement for the set aside fee;
· Order for the original claim to be dismissed, or to be re-heard at a new hearing

1. Default Judgement
1.1. I understand that the Claimant obtained a Default Judgement against me as the Defendant on 8th January 2019 However, this claim form has not been served at my current address and I thus was not aware of the Default Judgement until I received a letter from ……… solicitors dated ………….. informing me that a County Court Judgement had been issued against me. I understand that this Judgement was served at an old address (……………..). However, I have not lived at this address since 2008.
1.2. At the time of the County Court Judgement, I was on the electoral roll at my current address, and was registered at the new address for council tax, banking, bills, my driving license and with the HMRC. As Civil Enforcement Ltd had received no correspondence from me at any point and I had not responded to the court summons, I believe they had reasonable cause to question whether they were using an accurate address and that simple searches could have provided them with the correct address.
1.3. I believe the Claimant has behaved unreasonably in pursuing a claim against me without ensuring they held the Defendant’s current and correct contact details. 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.” He added:
"It cannot be right that people who are unaware of debts can see their lives and finances ruined by county court judgments. 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."
1.4. 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.
1.5. I have also never received any previous documentation from the Claimant in this matter and I thus was never able to properly challenge the Claimant’s claim. This is despite my best efforts as noted below.
1.6. On the 13th January 2019 I contacted Northampton County Court to find out details of the Default Judgement and they told me they couldn’t advise me, they said the claim form had been sent out and confirmed that it wasn’t sent to my current address.
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 have received no PCN regarding this alleged contravention only a NTK, Upon receiving the PCN I immediately contacted Gemini Parking Solution and asked if I could appeal it due to the circumstances and I was denied this right, I was told the time frame to appeal had passed. I stressed to them I didn’t appeal as I didn’t receive a PCN I then informed them that they had missed out my Flat number and that I retrieved the NTK in the communal corridor not through my letterbox.
September 2017 a letter was received at my mothers home, I moved out of that address in 2008. I once again immediately contacted Gemini Parking Solutions to question why any correspondence was going to that address. I received an email back that confirmed they had my current address and they are no longer willing to communicate with me. I insisted they sent me court papers none where ever received.

2.2. I understand Gemini Parking Solutions to be a Private Parking Company that uses ANPR in order to issue “Parking Charge Notices”. If the Claimant can indeed prove that the alleged incident relates to a vehicle for which I am the Registered Keeper, then 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. This includes the requirement to issue the Notice to Keeper within 14 days of the alleged incident. When I contacted Gemini Parking Solutions and advised I had no PCN they told me it was issued on 20 April 2017. Had the PCN been sent or even received it wouldn’t have reached me in 14days as they sent it 12days after the contravention on a Friday.
I submit the Claimant will not have complied with the requirements of the Act and thus cannot claim this charge against me as the Registered Keeper in any case.
2.3. If the Notice to Keeper was not issued within 14 days, then the Claimant is required to prove who the driver of the vehicle was at the time of the alleged incident. I have no recollection of ever parking at the location of the alleged incident. I submit that the Claimant cannot provide such evidence of the identity of the driver. I 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.
2.4. If the Claimant has obtained details of the vehicle for which the Defendant is 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.
2.5. I further submit that the Claimant’s claim is without merit due to substantial issues in law. This is for the following main reasons:
2.5.1. 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.
2.5.2. 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.
2.6. 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.
2.7. In order to make informed decisions and statements in my defence as keeper of a vehicle, I will require copies of all paperwork and pictures of all signs from the Claimant.

Statement of Truth:
I believe that the facts stated in this Witness Statement are true.
Full name:
Dated:
Signed:

**Doll2808** · 14th January 2019, 18:29:PM

I will need to also add in that I contacted Gemini parking solution asking for a consent to set aside ( this will be sent to them tomorrow now) I must say I’m nervous as it was my understanding the sooner you applied for a set aside the better does the fact I would of contacted Gemini for one still count as me taking action towards the initial set aside.

CCJ set aside help