Advice needed with regards to apply to get a CCJ set aside

[R0b]

Re: Advice needed with regards to apply to get a CCJ set aside

Thanks for the email template and the case law. I sent the email to the Parking Management Company last Thursday but had no reply.

I've attached my witness statement and defence statement. Are you able to have a look at them and offer any advise/comments before I sent it to the courts? I will be ever so grateful.

Going to read these tonight and get back to you.

[charitynjw]

Re: Advice needed with regards to apply to get a CCJ set aside

Re the defence (post #15), the Claimant is not Gladstones; they are the Claimant's solicitors.
The Claimant is PPM.
Also, why no mention of your right to quiet enjoyment via the tenancy agreement?

[R0b]

Re: Advice needed with regards to apply to get a CCJ set aside

Personally, both the Defence and Witness Statement is not set out correctly in terms of the heading and that is the first thing that needs to be done. The heading is set out like below.



Secondly, I wouldn't say your defence is adequate as it should set out clearly why the parking company is not entitled to recover the charges from you. Except for a couple of paragraphs you have mixed in some arguments in relation to your set aside application, not to the defence of the actual claim - I think you need to revisit your defence.

Below is a couple of things you might also want to add to the Defence.

1. Question whether the Claimant has the right to manage and enforce any car parking on the land e.g. 'The Defendant makes no admissions as to the Claimant's right to manage and enforce car parking on the land in question and he Defendant requires the Claimant to provide evidence as to the chain of authority.'

2. Notwithstanding the above, you have the right to park there without restriction. The tenancy agreement gives you the unfettered right to use any outside space. As part of the tenancy you were given the express right to a parking space, which is covered by the definition of outside space in the tenancy, without any parking conditions.

3. As Charity has said there is an implied right to quiet enjoyment and so by them interfering with that they are in breach.

4. Other things you mention is that the parking company has no standing to bring a claim in the first place. The sign is not in a fact a offer to contract but rather a prohibited sign. In such case, any breach would amount to a trespass and only the landowner or someone with exclusive possession is entitled to bring such a claim. The parking co. is neither of these and so they don't have a right to bring a claim in their own name.

There's probably more arguments but that's your starting point I think. Your witness statement needs work too in that the heading should be the same as the defence except titled 'Witness Statement of XXXX'.

[catdog1]

Re: Advice needed with regards to apply to get a CCJ set aside

Hi both,

I must thank you for your time and comments.

I have made some changes to my witness statement and defence statement however, I am very confused about the, 'right to quiet enjoyment via the tenancy agreement' point. Are you able to explain this further to me?

Many thanks

[catdog1]

Re: Advice needed with regards to apply to get a CCJ set aside

Hi,

Just wanted to give you some feedback. I sent off all of my documents and recently got a letter stating that my case has been transferred to a local court and they will be in touch with a date and time for the hearing.

The letter was also addressed to the Parking company.

Is this a standard response?

Thanks

[catdog1]

Hi everyone, I really need some advised about my case.

The judge agreed to set aside my CCJ if I defend my claim in the small claims court as the claimant submitted a document showing that they did issue me with a parking ticket and so, I now have the opportunity to defend my claim.

I am unsure how I go about doing this and what the cost would be? are you able to advise?