Residential Car-park: Judgement for Claimant (in default)

[Jaxdex]

Hello Legal Beagles,

We have received a Judgement for Claimant (in default) relating to a parking offence in the car-park of our residential development. This dates back to 2016.

Received a claim? We haven't seem the claim but are now at at Judgment for Claimant stage (see below for more info)
Issue Date: 05 Nov 2021
Have you Acknowledged the Claim?: I have called the Court and Solicitor firm, gave my details (so yes If that counts as an acknowledgment at this stage). Neither were helpful or disclosed much info.
Total Amount Claimed : £300
Claimant’s Name: UK Parking Control
Solicitors Firm: DCB Legal
Original Creditor: ?
Original Debt: £145
Particulars of Claim:
To the Defendant,
You have not replied to the claim form.
It is therefore ordered you must pay the claimant £*** for debt (and interest to date of judgement) and £*** for costs.
You must pay the claim a total of £***

Is the debt Statute Barred: No contact with the Claimant or Solicitor, however I did speak to the Property Management Company (via email) who in theory appointed the Claimant (not sure how relevant this is). I have called both the the Solicitor firm and Court in the last 24hrs.

List any letters you have sent (eg: CCA/ CPR ): N/A

Any Other Information or Background Details
Rather naively, we ignored letters received from the Solicitor firm at the beginning of this year. We don't recall receiving a PCN from the claimant.

I have since moved from the property and my partner never updated the address for the car.

Within our lease agreement we 'owned' an allocated space - however between neighbours we would sometimes use each-others spaces (e.g those with buggies, friends over etc). I suspect the alleged contravention is to do with parking in the incorrect bay.

We moved from the property earlier this year, and whilst our mail was forward, that service has now finished so we returned this weekend to collect a parcel. To our 'delight' we have found the 'Judgment for claimant - in default' - but have never seemed to have received a Claim Form.


Now I am trying to understand our options
The value of the debt is not my primary concern, it is is the CCJ.
I am trying to understand what our options may be, especially considering the 4 week period 'Cancel of entry' has passed. I'm inclined to call and pay the debt, however does that lose any leverage of having the Judgement rescinded, if at all possible?

Many thanks

[ostell]

Even if you pay now the CCJ will not be removed from the record.

You will have to apply for a set aside and take it from there.

[Jaxdex]

Thanks.

I am now making my way through the guidance in the Set Aside Section.

I have contact the Court and they have shared a screen shot of the particulars of the claim. I did notice, within the particulars, it states the driver agreed to pay within 28 days which is not the case as there has been no correspondence with the claimant. I did also visit the site yesterday to check signs and there is nothing on their signs that mentions 28 days either.

Please see attached - does this help. I guess they could have changed since 2016?

In terms of contacting the Claimant, my thought was to offer to pay the claim in return for consent to set aside. I would then submit to the court.

Do you think this is a valid route forward? The link to the Example Letter requesting Consent is there a new example letter I could use?


Screenshot 2021-12-14 at 12.44.47.png

[ostell]

That sign is a prohibiting sign, it is not offering a contract to park with Unauthorised users

You could offer to pay and agree an uncontested set aside.

[Jaxdex]

I wrote to the Solicitor Firm last week, giving them 7 days to reply and within my email I stated I no longer lived at the address and also mentioned the sign was prohibiting, and was therefore requesting a set aside.

I got radio silence from them but called today and whilst I didn't speak directly, the case manager says they are not offering a Set aside and as far as they are concerned - all has been done by the book.

I spoke to DCB legal (solicitor firm) but they also said they are no longer instructed and the case is actually with their sister company (DCBL).

Should I try the same tact with DCBL who are now those instructed to recuperate the funds?

Should I lodge an appeal with the courts?

Thanks

[Jaxdex]

Hi all,

Further to the above, I have progressed with my N244 Application for a Set Judgment aside and also received a Proposed Consent Order from the claimant (wohooo?!)

So, to summarise and my questions at the bottom.

My Application to set aside was based on the following:

• I had moved address and never received any court correspondence (with documentation)
• I had acted swiftly since learning of the claim and judgement (with timeline)
• The signs were prohibitive in nature and I had not entered into any agreement (with images of current signs)

My application was submit just before Christmas and we've had correspondence from the court to say all is being processed.


Response from Claimant / Claimants representatives - Consent Order

I originally contact the Claimant / Claimants representatives mid- December requesting a consent to set-aside. 7 days after my request I chased, I was told over the phone they would not entertain this, but never received any written communications.

I have now received a proposed Consent Order, assuming because they have seen my formal application to the court.

The claimants representative have offered a Consent order, as per the below:

Without Prejudice save as to costs

Your Application

Within your application you allege that you did not receive the Court documentation due to a change of address. As such, you were unable to respond accordingly.

Enclosures

We enclose the following documents:
• Images of the Vehicle;
• Notice to Keeper;
• Signs;
• Consent Order.

Background
The Parking Charge Notice (“PCN”) was issued whilst your vehicle was parked at ********** where you breached the terms of parking stipulated on the signs. We are advised that neither a payment nor a successful appeal were received by our Client. Our client obtained your details from the DVLA.

A Notice to Keeper was sent to you, but again you failed to make payment or successfully appeal. A Letter of Claim was subsequently issued to you and following which a claim issued. You failed to respond to the claim and as such judgment was obtained in default.

Response

It is our client’s position that you are liable for the debt for the following reasons:-

• You parked in breach of the stipulated terms and conditions for parking as you parked in a permit area without displaying a valid permit;
• As per the Images of the Vehicle the PCN was affixed, yet you failed to make payment or make a successful appeal;
• All correspondence was sent to the address held for you by the DVLA. The onus is upon yourself to ensure that this address is correct;
• You did not notify our Client of a change of address.

Despite the above, our Client has taken a commercial view and asked that we propose the enclosed Consent Order; in which Judgment would be set aside, providing the debt, court fee for the Consent Order are paid in full. If you agree to the enclosed and the same is sealed by a Judge, the registration of the Judgment will be removed from your credit file by the Registry Trust and will no longer negatively impact your credit rating. It will also conclude your liability to our Client in respect of this claim.


Consent Order - Terms
Before an Officer of the Court

UPON the Claimant and the Defendant having agreed to the terms of this Order;

AND UPON the Claimant accepting that, although the claim was correctly served at the Defendant’s last known address pursuant to CPR 6.9, the Defendant did not receive the claim form and therefore did not have opportunity to defend the claim;

AND UPON the Defendant having paid the claim in full;

AND UPON the parties agreeing that, in view of the above, there is some other good reason for Judgment to be set aside pursuant to CPR 13.3;

IT IS ORDERED BY CONSENT THAT:-
1. The Judgment entered on **/**/**** is set aside;
2. The registration is cancelled;
3. The Claim be marked as Paid in Full; and
4. No Order as to costs


*My questions*

• I am not disputing the breach of parking and do not mind paying the circa £400 to make this go away, however my question is, are the court likely to agree?
• Are they duping me into paying?
• Are their terms / terminology / wording ok?

Thanks in advance

[Jaxdex]

Hi ostell, could I ask if you have any further advice, or could recommend somebody within the forum that may be able to assist?

Thanks in advance

[ostell]

Others know the set aside requirements a lot better than me

[Jaxdex]

Thanks Ostell for helping this far.

jaguarsuk , MIKE770 , echat11 , des8 - is this one you may be able to support with?

Thanks again

[jaguarsuk]

My questions
[1]I am not disputing the breach of parking and do not mind paying the circa £400 to make this go away, however my question is, are the court likely to agree?
[2]Are they duping me into paying?
[3]Are their terms / terminology / wording ok?[/LIST]

Thanks in advance

In answer to your questions:

1. A judge may not set aside a judgement with that consent order because you are essentially admitting it is correct.
2. Potentially because the order is contradictory.

The reason I say this is that a claim can't be marked as 'Paid' only a judgement can, a clam must either be 'Discontinued' or 'Settled.'

3. I would ask them to redraft the order to read:

Consent Order - Terms
Before an Officer of the Court

UPON the Claimant and the Defendant having agreed to the terms of this Order;

AND UPON the Claimant accepting that, although the claim was correctly served at the Defendant’s last known address pursuant to CPR 6.9, the Defendant did not receive the claim form and therefore did not have opportunity to defend the claim;

AND UPON the parties agreeing that, in view of the above, there is some other good reason for Judgment to be set aside pursuant to CPR 13.3;

IT IS ORDERED BY CONSENT THAT:-
1. The Judgment entered on **/**/**** is set aside;
2. The registration is cancelled;
3. Parties are to abide by the schedule relating to this order
4. Parties bear their own costs
5. Leave to apply

The reasons are it takes out that you are admitting to it, so a judge is more likely to set aside.

The schedule is an additional document that sets out the terms of settlement, you want them to be:

Upon Judgment being set aside the Defendant shall pay the Claimant £350 (in your letter/email to them as for £50 off because of the cost to seal the order and that is due to there having been mistake by both parties in service of the claim. They may or may not agree)
Upon receipt of the sum in paragraph 1 the Claimant will issue a Notice of Discontinuance.
The Defendant shall bear the cost of sealing the consent order.

No order to costs doesn't mean that they have to bear their costs, they could apply for them later and attempt to get their costs out of you, albeit costs are limited in the small claims track. I prefer my version of point 4, but this means you won't be getting back the cost of applying to set aside back.

Leave to apply allows applications to enforce the settlement terms, so if you pay and then they don't discontinue you would be able to apply to the court to have the claim discontinued.

[echat11]

It looks fine to me, the Consent Order bounds them to carry out the actions they said they would:-

'the registration of the Judgment will be removed from your credit file by the Registry Trust and will no longer negatively impact your credit rating. It will also conclude your liability to our Client in respect of this claim.'


'IT IS ORDERED BY CONSENT THAT:-
1. The Judgment entered on **/**/**** is set aside;
2. The registration is cancelled;
3. The Claim be marked as Paid in Full; and
4. No Order as to costs'

https://www.justice.gov.uk/courts/pr...l/rules/part40

Write to them with any clarification you seek, to give you peace of mind.