Urgent Advice needed - Application to set aside a CCJ

[joanna4685]

Good Afternoon
Really hoping someone can offer some advice on my case.

After checking my credit file and linking old addresses, I discovered a CCJ had been placed against me at an old address in January, for an alleged parking offence from 16th August 2014. It is alleged I was parked on private land, directly outside a block of flats. The details from the court state that the claimant wrote to me in May 2015 informing of an intention to issue a summons and that no resolution was achieved.

1. I was a tenant at said block of flats when the offence is alleged to have taken place. I had a paid for parking space underneath the flats where I parked every day.
2. The electric gates to the car park regularly broke down meaning no-one could leave or enter the car park. The head of buildings maintenance - I have name and details - informed tenants, including myself, in person, that we were fine to park outside the building as long as we informed the firm that patrolled the parking spaces - I did this on several occasions with no problem.
3. I never received any kind of parking ticket while living at this address
4. I moved out of the property on 22nd August 2014 and was not in receipt of any kind of correspondence from the parking firm
5. I left a forwarding address with my landlord and my previous lettings agency and nothing was sent to me
6. The first I new of any proceedings was when after buying a house, I updated and checked my Experian credit files to discover the CCJ against me
7. Although I have done nothing wrong, I would gladly negotiate and pay the recorded fine to have this CCJ removed from my record! I have worked hard to maintain a near perfect credit score and this has left me shell shocked and distraught.

Do I have any kind of defence here? This all feels so unfair!

Thanks in advance!

Joanna

[R0b]

Re: Urgent Advice needed - Application to set aside a CCJ

Hi Joanna,

Do you know if the land where you parked is owned by the Landlord of the flats or by the council or someone else?
Did you update your DVLA details when you moved?
Do you have evidence of leaving a forwarding address with the Landlord and the agency?
Do you have proof of informing the patrolling firm?

Given what you have said there may be grounds to set aside the judgment, there may also be the potential for you to argue that service of the claim form was defective as the LL and Agency were aware of your change of address, and/or the company/person bringing the claim should have conducted reasonable checks to ascertain your whereabouts. The problem with i see about arguing defective service is that you say you updated your account on Experian, when did this take place? They might argue they checked your electoral role and other information which indicated you were at your old address.

However, your other points may still give good reason to set aside judgment as you only just became aware of it.

[joanna4685]

Re: Urgent Advice needed - Application to set aside a CCJ

Hi There

Thank you so much for your thoughts on this - as this happened 2 years ago I don't have proof of informing the patrolling firm, I would have called them on my mobile, I can try and obtain records for calls from 2 years ago but I have changed providers on my mobile, I have called my previous provider but they haven't been helpful.

I have an email from myself to the letting agency informing them of my new address - I've taken a screen grab, they also supplied a reference for me for the new letting agency, this also gave my new address and should have been on my records as part of the referencing process.

Dandara property firm owns the land that the flats sit on, including the space directly outside, they were not my landlord, my landlord was the owner of the single flat I resided in.

I am meticulous about ensuring I am on the electoral role and have always paid council tax at every property I've lived in, this is the case for the address I moved to

Does any of this help?

Thanks so much

Joanna

[joanna4685]

Re: Urgent Advice needed - Application to set aside a CCJ

Hi Rob - hoping you saw my response to your questions

If anyone can add anything to my points of defence I would be so grateful, THANK YOU.

Joanna

[ploddertom]

Re: Urgent Advice needed - Application to set aside a CCJ

This is quite a usual trick for some of the Private Parking Co's to obtain Judgment by Default. Regardless of whether you notified DVLA of a change of address the parking co will have written to the address given at the date the infraction occurred. I doubt very much they will have looked to obtain your correct address and would suggest you stand a good chance of obtaining Set Aside which if granted would remove the CCJ. If you were to pay it then it would still remain on your credit file until the 6 year mark comes round.

[joanna4685]

Re: Urgent Advice needed - Application to set aside a CCJ

Thank you so much for your help, I have paid to apply to set aside and it's nice to have a shred of hope that this might go in my favour.
So my best course of action is claiming they didn't try to obtain my correct address? Is this how I state it?

THANKS AGAIN

Joanna

[ploddertom]

Re: Urgent Advice needed - Application to set aside a CCJ

Have you submitted your N44 yet? If not then then you are making application on the basis you have only just found about the CCJ - as all the documentation went to a property you left in XX/YY/ZZZZ - and had you known would either have disputed it or paid it in full. The application cost is now £255 although if on a low wage or certain benefits you could claim remission in full or in part.

[R0b]

Re: Urgent Advice needed - Application to set aside a CCJ

To have a chance of setting aside you need to properly plead your case in the application, if you don't you could end up having yor application dismissed. Can you confirm if you've already submitted the application?

[joanna4685]

Re: Urgent Advice needed - Application to set aside a CCJ

To have a chance of setting aside you need to properly plead your case in the application, if you don't you could end up having yor application dismissed. Can you confirm if you've already submitted the application?

Hi, thanks so much for your help, I paid the application fee yesterday but have been hanging on for advice before completing the N244. I'm hoping to send it today.

- - - Updated - - -

Have you submitted your N44 yet? If not then then you are making application on the basis you have only just found about the CCJ - as all the documentation went to a property you left in XX/YY/ZZZZ - and had you known would either have disputed it or paid it in full. The application cost is now £255 although if on a low wage or certain benefits you could claim remission in full or in part.

Hi, no I haven't submitted the N244 yet, been hanging on for advice. I paid the application fee yesterday, I don't have any problem paying, this is half the frustration.
Thank you so much for your help.

[R0b]

Re: Urgent Advice needed - Application to set aside a CCJ

The N44 application filling out will be relatively straight forward, you will need to draft a Witness Statement in support of it which you will include what you have mentioned in your first post. A draft order will need to be included in the application and that is easy to do also.

So your starting point is to crack on with your witness statement and get that sorted as that's the document which will take the longest. Some of the formalities of the Witness Statement include numbered paragraphs so to start you off you can begin with the following:

I, [FULL NAME] of [ADDRESS & POSTCODE] will state as follows:

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

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 "XX1". All references to documents in this statement are to Exhibit XX1 unless otherwise stated.

4. You now begin with a factual history of what happened. Each separate point should be set out on a new number. If you want to rely on your evidence you can say at the end of the sentence in parenthesis (pages X-X of XX1)

Where I have put XX under paragraph 3 you need to put your initials there.


If you want to give that a go, you can post up your draft version (omit your personal info) and we can tweak it and put into the correct format before you submit along with the draft order and application.

[joanna4685]

Re: Urgent Advice needed - Application to set aside a CCJ

The N44 application filling out will be relatively straight forward, you will need to draft a Witness Statement in support of it which you will include what you have mentioned in your first post. A draft order will need to be included in the application and that is easy to do also.

So your starting point is to crack on with your witness statement and get that sorted as that's the document which will take the longest. Some of the formalities of the Witness Statement include numbered paragraphs so to start you off you can begin with the following:

I, [FULL NAME] of [ADDRESS & POSTCODE] will state as follows:

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

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 "XX1". All references to documents in this statement are to Exhibit XX1 unless otherwise stated.

4. You now begin with a factual history of what happened. Each separate point should be set out on a new number. If you want to rely on your evidence you can say at the end of the sentence in parenthesis (pages X-X of XX1)

Where I have put XX under paragraph 3 you need to put your initials there.


If you want to give that a go, you can post up your draft version (omit your personal info) and we can tweak it and put into the correct format before you submit along with the draft order and application.

Hi - this is so wonderfully helpful, I can't thank you enough. I'll get this drafted this afternoon and post up as suggested.

THANK YOU

J

[joanna4685]

Re: Urgent Advice needed - Application to set aside a CCJ

Hi Please see below my draft witness statement, with personal stuff left out. Would welcome any feedback and also please let me know if there is anything I should add or omit. Keen to send it asap.

THANKS SO MUCH TO ANYONE THAT CAN HELP!!

J



Witness Statement


I, [FULL NAME] of [ADDRESS & POSTCODE] will state as follows:


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


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 "XX1". All references to documents in this statement are to Exhibit XX1 unless otherwise stated.


4. There follows a factual history of what happened and why I believe the judgement against me is incorrect and should be set aside:


4.1 I was a tenant at the XX Apartments, XX at the time it is alleged I received the parking ticket (16th August 2014) for parking outside of the building. Please see accompanying email between the landlord and myself which proves I was a tenant until moving out of the property on 22nd August 2014 (Page 1 of Landlord email screen shot)


4.2 The rental apartment was managed by a letting agency. I informed the letting agency of my forwarding address by email. I have also attached a screen shot of the email between myself and said letting agency confirming my new address. This rental agency XX also supplied a reference through the formal Deposit Protection Screen, which included advising on whether I would be a suitable tenant for my new address. (Page 1 of Letting Agency email screenshot). I also informed the DVLA of my change in address, changing the address on my driving licence. I also contacted the local council at my new address and submitted my details for the electoral roll, I also paid council tax in my name at this new address.


4.3 My tenancy at The Bridge Apartments included a parking space in the underground car park beneath the building. The electric shutters (key fob entry) to the car park broke down with regular frequency meaning you could not enter the car park.


4.4 I was advised by the Bridge Apartments estate manager Tom Higson of Trinity Estates that were fine to park outside of the building as long we we informed the parking patrol firm that we were doing so. I did this successfully on several occasions and never received a ticket. I followed this procedure EVERY time I needed to park outside the building


4.5 I moved out of the property on 22nd August 2014 and had not received any form of parking ticket or communication. I ensured that I left a forwarding address for my new residence. To this date I have NEVER received any form of communication with regards to a parking offence, until I checked my credit file in June 2016 and discovered that on 7th January 2016 a judgement had been entered against me at my previous address.


4.6 Before this judgement I had an excellent credit record/score and would never ignore any demand for money or a fine. If I had received the alleged parking ticket I would have contacted the parking firm immediately to either pay or dispute the ticket


4.7 I was horrified to discover a CCJ had been entered against me without my knowledge or any opportunity to dispute or resolve the issue. I know face a ruined credit record for the sake of £100 and £50 costs.


4.8 Even though this judgement has been placed against me incorrectly, I would gladly pay any costs and fees associated on order to have it removed.

[charitynjw]

Re: Urgent Advice needed - Application to set aside a CCJ

[MENTION=71570]R0b[/MENTION] will probably be best placed to have a look.

[joanna4685]

Re: Urgent Advice needed - Application to set aside a CCJ

@R0b will probably be best placed to have a look.

Hi There
I'm really hoping he sees the draft statement, he's been SO helpful!

Thanks

J

[R0b]

Re: Urgent Advice needed - Application to set aside a CCJ

I've attached in a word document below, have amended it but take a read and make sure you are happy with what is said as it is just a quick re-write and might contain some errors. You will need to fill in all of the things in square brackets and also the XX's on page 1 and 2 need to contain your initials. The evidence you want to rely upon goes after the Exhibit XX1 front sheet in the order that you refer to it in the witness statement and number the pages clearly where you can, preferably at the bottom in the middle.

The next step is the draft order and the application, but I'll do them later tonight.