PLEASE help with CCJ ....

[Dale_UK]

Hey guys! had a pretty bad week thus far :'( :s

Hope you can help me with some guidance.

I have today found out that I have a CCJ, which I never knew about! never received any ticket nor any notice for a court appearance. It seems this action has been taken by one of these predatory parking firms. I found this out only whilst applying for a mortgage. Otherwise, I have had perfect credit history throughout my life.

I am now trying to work out what I can do about this, I have the application for "N244 application to set Judgment aside".

However, I am not sure what to put for the grounds of my application.

I have no doubt that my vehicle was parked at the location mentioned. However, I was living and working in Cyprus shortly afterwards, from June 2019 to late 2020, and I can prove that, and thus never received any notice from either the company making this claim or the county court, nor can I say that one was sent or not. I am not sure if this is grounds? it doesn't excuse the parking.

The only comment I have regarding the text of the particulars of the claim is that there was no facility to obtain a "Valid Ticket".

Advice much appreciated.

Questions on this N244 form:

3. What order are you asking the court to make and why?

10. What information will you be relying on, in support of your application?

- the attached witness statement
- the statement of case
- the evidence set out in the box below

Extract from the court Particulars of Claim:

THE CLAIM IS FOR A BREACH OF CONTRACT FOR BREACHING THE TERMS AND CONDITIONS SET ON PRIVATE LAND. THE DEFENDANT'S VEHICLE, YXXXXXD, WAS IDENTIFIED IN THE UNIT 3 KING EDWARD INDUSTRIAL ESTATE ON THE 30/05/2019 IN BREACH OF THE ADVERTISED TERMS AND CONDITIONS; NAMELY PARKED WITHOUT DISPLAYING A VALID TICKET/PERMIT. AT ALL MATERIAL TIMES THE DEFENDANT WAS THE REGISTERED KEEPER AND/OR DRIVER. THE TERMS AND CONDITIONS UPON ENTERING PRIVATE LAND WERE CLEARLY DISPLAYED AT THE ENTRANCE AND IN PROMINENT LOCATIONS. THE SIGN WAS THE OFFER AND THE ACT OF ENTERING PRIVATE LAND WAS THE ACCEPTANCE OF THE OFFER HEREBY ENTERING INTO A CONTRACT BY CONDUCT. THE SIGNS SPECIFICALLY DETAIL THE TERMS AND CONDITIONS AND THE CONSEQUENCES OF FAILURE TO COMPLY, NAMELY A PARKING CHARGE NOTICE WILL BE ISSUED, AND THE DEFENDANT HAS FAILED TO SETTLE THE OUTSTANDING LIABILITY. THE CLAIMANT SEEKS THE RECOVERY OF THE PARKING CHARGE NOTICE, CONTRACTUAL COSTS AND INTEREST.

Entry code
J1
Date
27/11/2019
Amount
£185.00

[Celestine]

The first step would be to contact the parking company to see if they would agree set aside by consent - you could lead them to believe that you will fight and make the application any way so this could be a route forward if they agree.
The questions that will arise will be around what arrangements you made to receive/read urgent post while you were abroad. Just dropping everything and leaving won't wash I'm afraid. Did you have mail forwarding or a family member receiving post? You need to prove a narrative that you did everything reasonable.
Don't make any payment to them unless they agree to set aside. Hopefully they still don't know where you are so enforcement will be tricky, so this way they could get paid and the case closes sensibly.

[Dale_UK]

Hey guys

So I finally got some more information, the ticket was issued by "Vehicle Control Services Ltd":'

The Site Enforcer had reasonable belief that the above vehicle had committed the following contravention:

Contravention: 94) PARKED WITHOUT DISPLAYING A VALID TICKET/PERMIT.
Site / Location: Unit 3 King Edward Industrial Estate
Postal Town / City: Liverpool (L3 7HJ)
Date and time of recorded contravention: 30th May, 2019 at 16:06:00

Charge Status
Current Amount: £185.00

THE CLAIM IS FOR A BREACH OF CONTRACT FOR BREACHING THE TERMS AND CONDITIONS SET ON PRIVATE LAND. THE DEFENDANT'S VEHICLE, YT06AXD, WAS IDENTIFIED IN THE UNIT 3 KING EDWARD INDUSTRIAL ESTATE ON THE 30/05/2019 IN BREACH OF THE ADVERTISED TERMS AND CONDITIONS; NAMELY PARKED WITHOUT DISPLAYING A VALID TICKET/PERMIT. AT ALL MATERIAL TIMES THE DEFENDANT WAS THE REGISTERED KEEPER AND/OR DRIVER. THE TERMS AND CONDITIONS UPON ENTERING PRIVATE LAND WERE CLEARLY DISPLAYED AT THE ENTRANCE AND IN PROMINENT LOCATIONS. THE SIGN WAS THE OFFER AND THE ACT OF ENTERING PRIVATE LAND WAS THE ACCEPTANCE OF THE OFFER HEREBY ENTERING INTO A CONTRACT BY CONDUCT. THE SIGNS SPECIFICALLY DETAIL THE TERMS AND CONDITIONS AND THE CONSEQUENCES OF FAILURE TO COMPLY, NAMELY A PARKING CHARGE NOTICE WILL BE ISSUED, AND THE DEFENDANT HAS FAILED TO SETTLE THE OUTSTANDING LIABILITY. THE CLAIMANT SEEKS THE RECOVERY OF THE PARKING CHARGE NOTICE, CONTRACTUAL COSTS AND INTEREST.


I am going to apply to set aside this CCJ, I have a number of questions:

1) is it worth writing to VCS to if they would agree set aside by consent? but to be honest, I do not understand the process enough to understand what advantage that may give me

2) the form N244, has a number of questions, I am unsure what to put and how much detail to go into:

What order are you asking the court to make and why?

Who should be served with this application?
- Please give the service address, (other than details of the claimant or defendant) of any party named in question 9.

What information will you be relying on, in support of your application?

the attached witness statement
the statement of case
the evidence set out in the box below


Any advice much appreciated!

Cheers
Dale

[Dale_UK]

This is what I am going to write on my N244 form:

"The alleged date of the breach of contract is 30/05/2019. I moved my residency from the UK to Cyprus for work on 28/06/2019. I had mail redirection for Royal Mail setup for 3 months ending on 28/09/2019. The claim notice was sent by the court on 31/10/2019, and thus I had not received this."

[MIKE770]

ostell

[ostell]

First of all the fordidding signs

The signage in the car park is of a “forbidding” nature. It is limited to cars displaying a valid permit only and therefore the terms cannot apply to cars without a permit because the signage does not offer an invitation to park on certain terms. The terms are forbidding. This means that there was never a contractual relationship. I refer you to the following case law: PCM-UK v Bull et all B4GF26K6 [2016], UKPC v Masterson B4GF26K6[2016], Horizon Parking v Mr J C5GF17X2 [2016] – In all three of these cases the signage was found to be forbidding and thus only a trespass had occurred and would be a matter for the landowner.

If you left on the 28/06 and the alleged breach was on the 30/05 then, if there was no windscreen ticket, they have not delivered the notice to keeper within the required 14 then they cannot transfer liability from the unknown driver to the keeper. They have failed POFA 9 (4)

Basically you did not receive the court forms because you were ot there. It sounds as though you also missed the NTK, which couldn't hold you liable anyway