CCJ set aside help needed for parking charge notice

[Ssr87]

Hi, I want to get an advice for the ccj I found. I got to know about this ccj when I performed credit check on 17th feb 2020. I contacted the county court and they emailed me the details of the ccj. It was for the parking charge notice I didn’t know from premier park limited. I called the legal representatives of premier parking limited and requested them to send me the email that they acquired my old address from equifax and sent all the correspondence there. They said they will send me an email. Meanwhile I also said if we can set aside with consent. They said I can go to the court and apply for set aside.*


I am sure that they don’t want set aside with consent therefore I will apply for set aside default judgment.

i have obtained all the dates of the letters they have sent to my old address.*

Now I have a questions before I update my WS.*

1) for default judgment, I can draft up the details that I did not received the claim form firstly, and write down all the details about solicitors have sent all the correspondence to my old address. Attach the report from equifax and write down all the date of letters they sent to Old address.

2) for judgement dismissal, I will write the details that first of all the claim form was served wrong in 2019.
The pcn served was wrong as I can recall this specific incident where my friend took permission to enter the the premises and told the reception that I will stay more than 15 minutes for loading purposes. The reception agreed otherwise so would never get in the parking premises as it was a gated premises.*

I did not received the PCN at all in 2014 from premier pairing limited, otherwise I could definitely appeal for it based on the grounds explained above. Even if they claim that they served the pcn I doubt that it was not delivered to me as there was several studios and our posts use to be dropped by the door in the communal area and all the tenants usually lost their posts because of they were left at communal area where no letter box were and post use to be just by door.*
Furthermore, I can recall that before sold out that vehicle in 2019 my v5 was registered at my current address since 2016.*

With this information in the WS will be able to get the judgment set aside and get the pcn dismissesd?*

[MIKE770]

cost of set a side £255 unless they agree then £100 I believe

[Ssr87]

Thanks Mike770 for your reply, I have applied for help with free as I am on the low income and put that reference in the n244 form.
My question is, I am confident on this that they served the claim form wrongly but not acquiring my correct address, But what about the pcn? That was served at the address where v5 was registered and I didn’t get it due to the scenario I explained in my last post. I am worried if court denies my application for set aside based on this?*

[ploddertom]

If you think you may be entitled to Fee Remission then you will also need to submit Form EX160.

[Ssr87]

I applied for HWF online and got the reference number and put that on n244.
kindly suggest and advice if in my case as explained above?

[Ssr87]

Hello guys, I have drafted my WS now could anyone please review it and give an expert opinion. I want to put my application for set aside today.


I am ______________ and I am the Defendant in this matter______________


This is my supporting Statement in support of my application dated 20th February 2020 to:
· Set aside the Default Judgement dated 26/112019 as it was not properly served at my current address;
· 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 26/11/2019 However, this claim form has not been served at my current address and I thus was not aware of the Default Judgement until I performed the credit search on my credit file on 17/02/2020. I understand that this Judgement was served at an old address______________, However, I am living at my current address since 2016.
1.2. At the time of the County Court Judgement, I was on the electoral roll at my new address and was registered at the new address for council tax, banking, bills, my driving license and with the HMRC, “credit report” attached for reference. As______________ Solicitorshad 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 and correct 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 rightly fulfil their duty to use the Defendant’s current and correct address when bringing the claim.
1.5. I have also never received the claim form or any previous documentation from the Claimant or BW Legal in this matter and I thus was never able to properly challenge the claim. This is despite my best efforts as noted below.
1.6. On the 17th of February 2020, I contacted Northampton County Court to find out details of the Default Judgement. The court email contains the case details saying it was a parking charge notice, on______________, at______________, at______________, Car make and registration number, Interest rates, Name of claimant______________and Claimant’s Solicitor Name______________ Solicitors) and their contact details.
1.7. On 17th February 2020, I contacted the Claimant using information given to me by Northampton County Court. They said I need to speak to their Solicitor’s in order to discuss this matter. I then contacted the______________solicitors who they have instructed to recover the debt. They informed me over the phone that they got instructions from their client “Premier Park Limited” in April 2019 to recover the debt, which is after 4 years of parking contravention. _____________ Solicitorsinformed me that they performed a trace using credit referencing agency “Equifax in April 2019 and got negative, which mean my recent know address is my old address. However, the credit report I have attached is also from Equifax showing my current address since 2016 as per the Electoral Register. This means the claim form and the previous correspondence from ______________ Solicitorswere sent to my old address and as the Defendant, I did not have adequate details of the claim to defend in the court.


1.8. 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 documentation from the claimant regarding this alleged contravention relates to the vehicle I am in fact the Registered Keeper.
2.2. The alleged incident occurred at C______________, on the 28/05/2015 I have a recollection at this date I went to______________Court to help my friend to move out her luggage from______________Court to another place.______________Court is the gated premises and you cannot enter the______________Court without informing the reception and request them to open the gate. My friend informed the reception to open the gate for me and also informed them that she is moving her luggage so the car might stay longer in the parking as we need time to put stuff in the car. The reception staff allowed her and opened the gate for me to enter the premises, otherwise, there is no way to enter the ______________Court without permission. I arranged the picture of the restrictions sign at______________Court attached blow showing if you want to stay more than 15 minutes for loading then request from the reception.
2.3. In my understanding Premier Parking Limited to be a Private Parking Company that uses ANPR in order to issue “Parking Charge Notices” presumably issued a PCN for the incident explained above. I am not aware if I have received this PCN for this incident and If I would have received the PCN, claim form or any correspondence from claimants or______________ Solicitors, I would definitely defend it in the court.
2.4. 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.





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

[Ssr87]

rob*can you help please*

[Ssr87]

Hi I hope anyone can give me an advice on my set aside application WS:
I have an update. I have received an email from the debt collectors yesterday.*
They sent me the copy of the PCN which was issued due to unauthorised entry/parking. As I explained earlier this premises is gated and the gate will only be open if you inform the reception. My friend who was the tenant there informed the reception that I am visiting her and I’ll be staying longer as we will be putting her stuff in my car for shifting her home. And then the reception allowed me to enter and opened the gate. Otherwise there is no way the gates can be open or to enter these premises.*
This PCN was delivered at my old address. The date of incident on pcn is 28th May 2015. However, I moved out from that address on 1st June 2015 and lived with my friend for few month before I found my own rented apartment. I informed the landlord while leaving old address to inform me if he received any letter for me. The old address had issues with posts because that property was based on several studios and our posts use to delivered by the main door in the communal area which was under constant use of people (no proper letter box for each tenant/studio). I also lost few other letters from other organisations in past. Since I was not aware of this pcn and that I owe money to this parking company I couldn’t inform them about my new address. Otherwise I could appeal this pcn and inform them about my address or pay this pcn.*

I found my apartment in January 2016 and updated my new address with a council, banks, DVLA and HMRC and with other necessary companies.

In the second email, they confirmed that they performed the trace in April 2019 via equifax and did not found any new address. Therefore they sent all the correspondence to the address which premier park has provided them (which is my old address in 2015). This email contradicts to the credit report I have obtained from the equifax on 18th feb 2020 which clearly shows that I’m living at my new address since 2016.*

I also acquired the copy of the judgment from county court which was sent at my old address in November 2019.

I have a defence for pcn and the proof that the claim form was served at my old address.*
I am now re-writing my WS with this timeline. I need the advise if this timeline is okay to put in my WS?*
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