** Won ** Set aside CCJ help!

[jameslsmith85]

Re: Set aside CCJ help!

They are different companies, but essentially the same people.



If Beavis changed matters then no. Without sight of what it was it's tricky to say.



A set aside needs to be done promptly. Whilst it would be ideal to have full details first you cannot delay.

M1

OK thank you. I'll try to get all my stuff done for this asap and hopefully if I get the chance to defend my case again (if I need to) I'll be able to get the information of the claim so i can defend it.

[jameslsmith85]

Re: Set aside CCJ help!

Morning guys.

Does this witness statement seem like it will be enough? Or do I need to put more evidence of why I shouldn't have to pay the ticket? Without knowing any details of the actual ticket all I feel I can say is that I haven't committed any offence. But I don't know if my wording is right.

See below

1. I make this Witness Statement in support of an application to set aside the default judgment entered on 21.01.2015.

2. The facts and matters set out in this statement are within my own knowledge unless otherwise stated, and I believe them to be true. Where I refer to information supplied by others, the source of the information is identified; facts and matters derived from other sources are true to the best of my knowledge and belief.

3. There is now produced and shown to me a paginated bundle of true copy documents marked "JS1". All references to documents in this statement are to Exhibit JS1 unless otherwise stated.
4. In October 2010 I changed my name by deed poll. I notified the DVLA and my letting agency of my change of name. All of my documents were updated and my creditors informed. Please see attached copy of my change of name deed.

5. In May 2011 I moved house. I notified the DVLA of my change of address, registered on the electoral register at my new address (as of 01.09.2011) and updated all of my creditors and important documents with the correct information. My letting agency remained the same and thus were already aware of the change of address. Please see attached our notice to leave the property at The High Street, Shanklin. Which was sent to our agent, and a copy of our new tenancy agreement for our new property.

6. Upon checking my credit report in or around November 2016, I discovered that there was a County Court Judgment in which default judgment was entered against me on 21 January 2015 for the address at The High Street, Shanklin. This related to a failure to pay a Penalty Charge Notice (“PCN”).

7. I have no recollection of receiving any PCN however had I done so I can only presume that I would have been almost 5 years prior to the claimant perusing a claim for the alleged offence. I did not receive any claim form (the “Claim Form”) from the Claimant. The Claimant is under an obligation to undertake a reasonable search of my current whereabouts pursuant to CPR 6.9 and had it done so, would have become aware that I had in fact moved address. Therefore, service of the Claim Form was defective as the Claimant did not take reasonable steps to ascertain my current residence.

8. If the Claim Form was received, it was more likely than not that I would have defended the claim because I had not committed any offence.

9. In conclusion, I believe that the judgment dated [DATE] should be set aside because service of the Claim Form was defective and therefore did not become aware of any claim against me and/or my grounds of defence would have enabled me a real prospect of successfully defending the claim.
I believe that the facts in this witness statement are true.

[jameslsmith85]

Re: Set aside CCJ help!

Also on the witness statement at the top where it states "IN THE [COURT NAME] COUNTY COURT" bit. Which court do I put in there? My local county court or the court that issued the default judgement? Which in my case was the CCMCC

[ostell]

Re: Set aside CCJ help!

6) PCN was it really a Penalty Charge Notice

8) Not an offence, alleged contravention of the conditions.

Try and get in that they knew your correct address as you had successfully defended another claim by them.

You will have to send to the court that issued the default judgement.

[jameslsmith85]

Re: Set aside CCJ help!

6) PCN was it really a Penalty Charge Notice

8) Not an offence, alleged contravention of the conditions.

Try and get in that they knew your correct address as you had successfully defended another claim by them.

You will have to send to the court that issued the default judgement.

Hey thanks. All I know about the CCJ is from the CCMCC that it appears to be for illegal parking. As yet I have no idea where or when it happened.

I will update No. 8, thanks.

Should I change No. 6 to state that I believe it to be for a PCN? Or should I state illegal parking?

The issue with stating I successfully defended another claim by them is that I defended it against Civil Enforcement Limited and this one is Debt Enforcement & Action Limited. I believe that technically these are the same people but as they have different company names it might confuse things.

I've attached a shortened version of my old statement of defence with specifics removed, do you think I should send this as evidence that I would be able to successfully defend the claim?

[jameslsmith85]

Re: Set aside CCJ help!

[MENTION=39331]ostell[/MENTION]

How does this look now?

6. Upon checking my credit report in or around November 2016, I discovered that there was a County Court Judgment in which default judgment was entered against me on 21 January 2015 for the address at The High Street, Shanklin. This related to what appears to be a failure to pay a fine for ‘alleged’ illegal parking.

7. I have no recollection of receiving any PCN however had I done so I can only presume that I would have been almost 5 years prior to the claimant perusing a claim for the alleged offence. I did not receive any claim form (the “Claim Form”) from the Claimant. The Claimant is under an obligation to undertake a reasonable search of my current whereabouts pursuant to CPR 6.9 and had it done so, would have become aware that I had in fact moved address. Therefore, service of the Claim Form was defective as the Claimant did not take reasonable steps to ascertain my current residence.

8. If the Claim Form was received, it was more likely than not that I would have defended the claim on the grounds that I had not committed any alleged contravention of the conditions. Please see attached draft of my statement of defence of which a full version has been previously used as a successful defence for case between Civil Enforcement Limited and Myself.

[jameslsmith85]

Re: Set aside CCJ help!

Guys I really need some guidance on the part attached. Am I right in saying CCMCC or does the highlighted bit need to be my local court where the hearing will be?

Thanks again.

[mystery1]

Re: Set aside CCJ help!

#3

As a third party agent, the Claimant may not pursue any charge (ParkingEye v Sharma 3QT62646 Brentford County Court) and (ParkingEye v Rickard 3JD10678 Aylesbury County Court).

Remove that. Beavis takes care of that.

#5 Beavis again is likely a barrier.

#7 is iffy as per Beavis too.



The heading is fine. It has never been to your local court for them to handle.

Having said that there is no mention of assignment etc.


An example of the template particulars of claim and a defence http://legalbeagles.info/forums/show...-liability-Won although it would require some improvement after Beavis.

M1

[jameslsmith85]

Re: Set aside CCJ help!

#3

Remove that. Beavis takes care of that.

#5 Beavis again is likely a barrier.

#7 is iffy as per Beavis too.



The heading is fine. It has never been to your local court for them to handle.

Having said that there is no mention of assignment etc.


An example of the template particulars of claim and a defence http://legalbeagles.info/forums/show...-liability-Won although it would require some improvement after Beavis.

M1

What the heck even is bevis? Does my statement of defence seem ok then? And witness statement?

[mystery1]

Re: Set aside CCJ help!

https://www.supremecourt.uk/cases/uksc-2015-0116.html the lower 2 courts (appeal court and original trial can be found http://www.parking-prankster.com/case-law.html so you see which points were decided at which level of court)


I can look at a better defence early next week if you want.

The witness statement is ok although i'd certainly introduce the defended case in their to add weight to the fact you wouldn't ignore a claim.

M1

[jameslsmith85]

Re: Set aside CCJ help!

https://www.supremecourt.uk/cases/uksc-2015-0116.html the lower 2 courts (appeal court and original trial can be found http://www.parking-prankster.com/case-law.html so you see which points were decided at which level of court)


I can look at a better defence early next week if you want.

The witness statement is ok although i'd certainly introduce the defended case in their to add weight to the fact you wouldn't ignore a claim.

M1

Thank you. I have a full defence from 2014 that worked then. I can send you that in email or something for you to pull apart if that works? Obviously once I know the actual details of the alleged parking offence then I can add more to the defence.

In my witness statement, should I literally just add a paragraph in there saying "I successfully defended against a wrongfully issued PCN in [DATE] using the attached statement of defence"?

- - - Updated - - -

Or should I just use the case number and not attach the old defence?

And I should add, "this is proof that I would not have ignored the claim had I received it"

[jameslsmith85]

Re: Set aside CCJ help!

Hey guys,
[MENTION=5354]mystery1[/MENTION] [MENTION=71570]R0b[/MENTION].

I have just added this part in to my witness statement. Does this add enough weight? Think I may almost be ready to send these bits off.

8. If the Claim Form was received, it was more likely than not that I would have defended the claim on the grounds that I had not committed any alleged contravention of the conditions. I have also successfully defended a case in November 2014 (ref No. A58YM285) which was against a PCN, further proof that I would not have ignored a claim form had I received it. Please see attached the statement of defence used for my previous case.

[R0b]

Re: Set aside CCJ help!

I haven't yet looked at your thread properly but will try and take a look over lunch and provide some comments.

[jameslsmith85]

Re: Set aside CCJ help!

I haven't yet looked at your thread properly but will try and take a look over lunch and provide some comments.

Thanks, that would be a great help. I'm pretty out of my comfort zone with this stuff tbh.

[R0b]

Re: Set aside CCJ help!

5. In May 2011 I moved house and again I notified the DVLA of my change of address including updating the electoral register and notifying all other relevant parties of my new address (as of 01.09.2011).

Removed the relevant part about your letting agency as I don't think it applies? Unless the PCN relates to a charge onsite of your last premises, but I don't think you know that do you? If not, all you need to say is that you updated your address, and perhaps insert your new address information in this section.

7. I have no recollection of receiving any PCN from [NAME OF CO.] at my current address nor have I received any claim form in connection with the alleged offence. The Claimant is under an obligation to undertake a reasonable search of my current whereabouts pursuant to CPR 6.9 and had it done so, would have become aware that I had in fact moved address. Therefore, service of the claim form was defective as the Claimant did not take reasonable steps to ascertain my current place of residence.

You mention in the paragraph above that you have no recollection of receiving a PCN from them but in your original post you said you recall receiving one but ignoring it. Am I missing something? This could put you on sticky ground because you would be misleading the court and if the PCN Co. asked you whether you received a letter and then said yes, that would be sufficient grounds to have the CCJ remain on your credit file. That's because you chose to ignore them and moved house, where you could have communicated and notified them of you moving house yet as you didn't do that, it would be nobody's fault but yours. Something you might want to be mindful of, and ignoring letters is not always the best course of action to take.

Have you tried to contact the PCN Co. to obtain further details of the alleged offence? If so then you may want to include that somewhere and their failure to respond.

As for what Court you insert in the Witness Statement, it would be the court that is hearing your case.

In terms of the N244 application form, you should remove CPR 13.2 as that is not relevant to your application.

In your Defence, the heading must be the same as your Witness Statement, otherwise it is not correctly headed. When I mean 'heading' I'm referring to the information at the beginning of your Witness Statement i.e. the name of the Claimant and Defendant etc. You should also put the title as 'Draft Defence' not Defence as that would imply it is your finalised defence.