** WON ** Default CCJ - Help!

[ntg142]

Hello,

I appreciate there are lots of threads on this already but would like to see if any members are able to offer me specific advise?

I've just found out via a credit alert that I have a CCJ registered against me from a private parking company

They've serviced the claim against my old address (moved last year). Updated driving licence, DVLA, electoral register etc when I moved.

On a couple of occasions I forgot to display my permit and got a ticket - They discontinued a case against me 18 months ago after I sent witness statement etc...

There was another occasion about 2 years ago (the specific parking event they've claimed against me on this occasion) --- where I parked in a sort of unloading area above ground next to the flats in the middle of the night. I specifically remember this event because I had been inside for around 15 minutes before returning to my car to find a ticket which I remember thinking how unlucky! I had forgotten my electric key fob to enter the gated car park and had agreed to collect my flatmate from the train station - so didn't go to my space in the car park for the 15 minutes,

Question is - is it worth trying to have the claim set aside? They claim that I've broken the T&Cs of parking - however the signage is foreboding i.e. there is no offer to park - also there may be some other legal arguments around unfair consumer contracts etc --- They've pursued me via POFA - so I believe that they can't add all the inflated costs on top.

I'm not bothered about being in a net loss position in regards to paying court fees greater than the debt - I want to pay them as little to nothing as possible.

[Amethyst]

Set Aside Application

is the details for set aside applications. If the claim was served on your old address and they had no reason to do so ( which it sounds like, they didn't do their due diligence )then you really should apply to have the CCJ set aside. You can then make a decision on whether to defend the case or make an offer to pay so that the CCJ doesn't get reapplied if your defence fails.

[ntg142]

Thanks for the above link. That has been useful as have all the other threads on the forum.

I asked to have the judgement set aside by consent but they fobbed me off and then ignored the deadline I set for a response.

So I've sent off my little bundle to the courts - should be set a hearing date soon. Will update this thread with the outcome.

[ntg142]

Are any members able to offer some advice as not been through this process before?

I've got a set aside hearing date set in late December. I sent off my set aside form, witness statement, draft defence and draft order (asking to set aside/pay ,my costs)

After looking through forums I'm not 100% sure on following:

1.) Do I need to send other side any of the documents I sent to the court?

2.) Is it wise to send a type of letters such as SAR to ask claimant what info they have on me etc? What's the best format?

3.) I'm still not 100% sure what 'parking offence' I'm being collared for - I had a couple of tickets parking in my own space and once when I unloading in the middle of the night in a dropoff area - I think I'm done for the later from the dates given to me by the court - question being can I supplement/add to witness statement when I get to court if claimant doesn't give me any info I need until the day in question? if that makes sense?

many thanks in advance

[Kati]

ostell ?

[ostell]

I'm not sure about sending the documents to the claimants as well as the court by err on the safe side and send them.

Send a SAR to the parking company. Here's a link to a template. As well as requesting all the documents also ask specifically for the PCN that they issued. the 30 days should be before you have to be in court? But in the meantime mention that you have requested the documents but they have not yet supplied them. That way you can see what specifically they are claiming for, As you say if it was a forbidding sign then all should be well.

[ntg142]

ostell - thanks for your previous post. Wonder if you could shine any exppertese on following?

I sent a SAR and although gladstones didn't send all the info I requested, they did see letters sent to my old address which allowed me to see what parking 'offence' I had supposedly committed - which was I had temporarily parked on an external common part of the estate - and now have access to the online photos.

in my draft defence I sent I had to cover all bases as I didn't actually know where I had parked as mentioned in first post (whether my own spare or in the external part) so it's not specific to this case as such.

my defence points are; what authority/interests does claimaint have in the land? primacy of contract. Forbidding signage - no contractual offer and doesn't conform to POFA.

is it possible or advisable to be able to adjust my defence when at court by introducing new elements?

i also now have access to the photos 'evidence' which are laughable - taken in the dark - the flash obscures the number plate - but the picture of the signs are blurry and they are unlit as it was middle of the night - this would no contract by performance?

also the lease agreement specifies that I had vehicular access of easements, access ways etc but another clause does state that you can't park a vehicle in common external areas - shall I not dwell on this In court? Or because the claimaint is a third party (and pretty sure) has no authority to enforce the lease anyway? Not sure how to play that one?

hope above makes sense and would really appreciate any further guidance

[ostell]

SAR to the Parking Company !!

[ntg142]

I had my set aside hearing today and the original judgement was set aside.

I found the judge to be a bit dismissive - and would not have the application fee of £255 refunded for me as apparently it wasn't the claimants fault to not know what my address was!

My understanding is that CPR states that the claimant needs to undertake reasonable steps to establish a current address of service?

What's worse was the claimant didn't even show up which didn't get a mention.

Guess the court writes to me telling me to send in a defence etc?

[ntg142]

ostell or anyone who can assist?

I have a hearing in a couple of days.

I've sent everything in etc but going through it just before hearing I've realised one of my defence points may be void.

Basically, one of my points is primacy of contract - I am a tenant and not the lessee (I have a tenancy agreement with landlord and they gave me copy of leasehold agreement)

Question is; can I defend as a leaseholder as a legitimate tenant? (if that makes sense).

[charitynjw]

You still have a written tenancy agreement.

Depending on what that says about parking &/or quiet enjoyment of the premises, you should be ok.

https://www.citizensadvice.org.uk/ho...vate-landlord/

[ntg142]

charitynjw

Thank you. I do have a tenancy agreement and the lease does state that the tenant and all persons authorised by him can use vehicles on common external areas (where I had briefly parked to unload furniture and got a ticket).

I only just found (dont know how i missed it before) a clause under the obligations stating the tenant shouldn't park vehicles in any area common external areas.

If this is picked up on I will try to argue that the lease also states that no third parties are entitled to enforce the terms of the lease.

[charitynjw]

7. The Defendant avers that the operator’s signs cannot

(i) override the existing rights enjoyed by residents and their visitors and

(ii) that parking easements cannot retrospectively and unilaterally be restricted where provided for within the lease.

The Defendant will rely upon the judgments on appeal of HHJ Harris QC in Jopson v Homeguard Services Ltd (2016) and of Sir Christopher Slade in K-Sultana Saeed v Plustrade Ltd [2001] EWCA Civ 2011. The Court will be referred to further similar fact cases in the event that this matter proceeds to trial.

https://forums.moneysavingexpert.com...2#post72977032

[ntg142]

many thanks

[charitynjw]

http://nebula.wsimg.com/f6d657adf7df...&alloworigin=1