CCJ set aside help please

[discerner01]

Nothing on the back of the PCN...

[ostell]

Sorry, back of NtK

[discerner01]

Hi, thanks for getting back. I don't seem to have a Notice to Keeper letter in my sar pack. Just photographs of my car with date and time stamps and pcn number. The rest of the letters include copies of my appeal e-mails and CEL's generic responses, one such response below.

.................................................. ..

RESPONSE TO PRESENTATION

''We have no record of the above vehicle being exempt from the parking restrictions in place. We regret that the parking charge remains valid as the ticket was correctly issued in accordance with the terms and conditions stated.

.................................................. ..

thank you for your help OSTELL so far

[jaguarsuk]

If you want to apply to set aside the judgement and then fight the claim, I can help you with the set aside on a procedural basis, but not any potential defence due to not knowing anything about parking charges.

[ostell]

So the story is that you appealed the Notice to driver directly to CEL and then nothing. Did you identify the driver in your appeal?

[discerner01]

Thanks, can I send you a picture of all the sar documents I have in hand via private message please? I'm not clearly understanding your question...

[discerner01]

I appealed online on CEL's appeal page with the following after my appeal for the first pcn by them was successful and they dropped the charge (funnily enough they haven't included that in the sar pack):

---------------------------------------------------------------------
PCN: xxxxxxxxxx

I am writing to formally challenge the above penalty charge notice.
In accordance with the Road Traffic Act 1991, my challenge is on the basis that the contravention didn't occur. As I am an athourised member of XXX leisure centre where I do XXX classes every week.
For this reason I look forward to receiving notification that the pcn has been cancelled within 28 days.

-------------------------------------------------------------------

[ostell]

The image on post #14 was a Notice to Keeper. Was there anything on the reverse? The front is insufficient to hold the keeper liable.

If the driver has been identified then POFA is not applicable. Has the driver been identified? Yes or No?

However the sign is forbidding and not offering a contract to park for non permit holders. Without a contract there can be no breach and no charge. See the text I posted earlier

[discerner01]

The PCN has nothing on the reverse, my name is identified on that PCN and the sar pack includes photos of my vehicle entering & exiting the leisure centre with a clear photo of me in the car.

Yes I understand your post on the forbidding sign and no contract offered so no breach hence no charge, thanks for that and it makes me more confident with the set aside.

Can you advise on next bits, as I have roughly filled in n244, witness statement and draft order. I can copy their contents in to posts on here for you if you can amend suitably please?

I'm conscious of the time this has all taken and want to get the set aside application out to the court.

Much appreciated.

[ostell]

Do you want to post up your defence and witness for critique?

If that NTK is blank on the reverse then they have failed to comply with the requirements of POFA, mainly sections of 9 (2) to be able to transfer lia ility from the driver to the keeper

Can't help with the N244

[discerner01]

Yes PCN in sar pack is blank on reverse! Below is my witness statement and draft order - please be gentle as this is overwhelming so maybe many mistakes

------------------------------------------------------------------------------------------------
IN THE NORTHAMPTON COUNTY COURT
CLAIM No: XXXXX

BETWEEN:
CIVIL ENFORCEMENT LTD
CLAIMANT

And

XXXXX
DEFENDANT

__________________________________________________ ______
WITNESS STATEMENT OF XXXXX
__________________________________________________ ______
I , XXXXXX of XXXXXX , being the Defendant in this case will state as follows;
1. I make this Witness Statement in support of the application for an order that the judgment in this case (Claim No. XXXXX Judgment dated 18/04/19 ) be set aside.

2: CPR 13.3 states (1) In any other case, the court may set aside or vary a judgment entered under Part 12 if –
(a) the defendant has a real prospect of successfully defending the claim; or
(b) it appears to the court that there is some other good reason why –
(i) the judgment should be set aside or varied; or
(ii) the defendant should be allowed to defend the claim.

3. I learnt of the existence of this claim on the 18/02/2021 when I checked my Credit File detailed in paragraph 1. [EXHIBIT A]

4. I visited a leisure centre weekly in the evening during the summer of 2018 where I had to enter my car reg in a reception system at the leisure centre. I received continuous harassing payment requests from the Claimant. They didn’t give an option to speak to them on the phone and ignored my appeal I made on their appeal website. Instead further sending increased payment requests.

5. Out of stress I ignored all their payment request believing they were a scam parking company and I may have ignored inadvertently the court CCJ thinking it was another letter from the claimant requesting payment for parking.

6: On 22/02/2021 I made a written request via e-mail; to the Claimant inviting them to consent to set aside the judgment due to the reasons in paragraph 4. A similar letter in writing was sent on 23/02/2021

7. The Claimant did not respond to my request / turned down my request.

8. I therefore respectfully request that the Court sets aside the judgment in this claim and allows 14 days for me to submit my defence.

Statement of Truth

I, XXXXX, the Defendant, believe the facts stated within this Witness Statement to be true.

Signed: ________________________________
Dated: ________________________________

[ostell]

Of course the PCN / Ntk had your name on it, they got that from the DVLA. Do they know who the driver was simple Yes or No? You have told them in that witness statement

Why do you think your application will succeed, you have admitted ignoring the court.

[discerner01]

Yes I would say they know who the driver was. Just being honest in the witness statement but I didn't ignore the court on purpose, more out of naivety I ignored all the parking related letters thinking they are from CEL (I know now that was stupid).

[discerner01]

Sorry to be a pain ostell but if you can critique & amend the witness statement, it will be greatly appreciated and I can then proceed with set aside application. If it's not ruled in my favour I'll have to suck it up and accept it as a life lesson.

Much appreciated.