Surely their ultimate goal is to extract money out of me and on that basis I can negotiate with the claimant to send payment on the grounds they will agree to set aside the CCJ. I just don't know how to format it for the court so that the CCJ is actually wiped. after I've sent payment.

I remember at the end of the hearing I expressed to the Judge that I did not think it was fair that my credit file be ruined for the next six years and the judge said I had two options, either to file an appeal or to have the claimant agree to an order to set the claim aside. I just don't know how exactly to setup the claimants agreement to set aside the claim nor how to present this to the court.

I did mention to the judge that I had not yet filled a sufficient defense and that it was still in a draft form but she remarked that the defense looked lengthy to her and that she would continue. You might just be on to something about keeping it brief for set aside hearings.

Sorry if I was curt in my earlier response, I was just copy and pasting that part of my defence for you to double check it. Everyone here has been great and I would truly like to thank everyone for all the fast responses and help I've received on the forum. I have no issues at all in tearing this apart if it will help others in the future who find themselves in similar situations. The judge opened by asking me directly if I was the driver at the time and I confirmed that I was the registered keeper and that anyone could have been driving the car. I don't think she liked it much that I did not declare who the driver was. Another thing the judge mentioned is that normally somebody would defend on the basis of their own personal circumstances and not try to bring the entire ability of the parking operator into question. Maybe she just thought I was being a bit of a smart arse here and didn't like that much either! The fact that I was not able to attend in person and that I couldn't hear anything the claimant was saying on the phone didn't help much. I'm sure they relied on an updated WS that if I was actually there with my own paperwork I could have seen with my own eyes. The day of the hearing I had a power cut and had to go sit in the car in order to charge my phone and when the court called it cut off my internet on my phone to be able to take the call, so I had no paperwork in front of me, no internet to see any of my own files and I had no idea what the claimant was saying. It's fair to say I was a bit flustered and was relying on the fact the judge had in front of her the paperwork I had sent in. I did try to bring up the fact that I had only submitted a draft defence and that I would submit a more detailed one later but the judge was having none of it and stated that the defence was lengthy. So maybe there is something to be said there for more basic draft defences in future.

There is no public record of planning permission being granted for the site to be used as parking I refer to Exhibit D which shows the public planning permission records for the address in question 100 Great Ancoats St, Manchester M4 6DE. 15 planning applications can be seen but there is no evidence of planning permission for the site being granted for parking signage nor for ANPR cameras. On the basis of the lack of planning permissions it is believed that this site is being operated by Highview Parking Limited illegally as a parking business without the required planning permissions. The claim is for breach of contract. However, it is denied any contract existed. The Claimant states, in their Particulars of Claim, “The vehicle was parked in breach of the terms on CS signs (the contract)”. The necessary elements of offer and acceptance to form a contract were not present. Even if they were, the claimant is relying on signage that has been installed without the correct permissions being obtained in the first instance making them null and void. The signage can not possibly offer a contract with the motorist under the circumstances that the lack of permissions for the signage and ANPR cameras means they simply should not have been installed on site in the first place. The claimant is put to strict proof that they have the correct permissions from Manchester City Council.

I wasn't able to hear anything the claimant was saying at all, I informed the judge of such. I wasn't sure what statement the claimant was reliant on. I presume it had to be supplied to the court in advance and I can request the documents that have been supplied? I specifically mentioned the damage to my credit file when I was given the two options.

I had the WS statement that I attached here 1st draft but I suspect that the person who attended the hearing submitted another WS draft that I haven't seen before that rebutted my defence.

i was able to have the hearing today over the phone, to my surprise the claimant actually attended the court physically. I was able to hear the judge clear enough but I was not able to hear what the claimant was saying at all. I expressed this to the judge and she said that the claimant was repeating what was said in the witness statement already. The judge accepted that I was not in receipt of the court papers as I was clearly out of the country at the time. However she rejected my defence of the claim and on that basis rejected the motion to set aside. The judge went through each of my arguments for defence and disregarded each item as not being a valid defence. Disregard for Schedule 4 of the Protection of Freedoms Act 2012 The judge stated that the time period is 28 days that the initial PCN was dated in 27 days The claimant has no standing to bring a case The judge stated that the claimant had shown that they had the permissions to act on behalf of the land owner. No public record of planning permission being granted for the site to be used as a parking business The judge stated that the claimant does not need planning permission to operate as a parking business. I refuted this that they did indeed need planning permission to install ANPR cameras and advertising signage but the judge believed the claimant. I'm ...... Escalation of costs 5.Unfair Practice I'm not sure what was said on these last two points but the judge concluded that I had no viable defence. In the end I was not able to set this aside and the judgement by default stands. I expressed that I did not think it was fair that my credit file be ruined for the next six years and the judge said I had two options, either to file an appeal or to have the claimant agree to an order to set the claim aside. It seemed to me that the claimant was relying on a new witness statement produced after my own that countered all my points. I have not seen this new witness statement not was I even able to hear the claimant at all on the call. Is it possible to request this from the court along with the recording of the call? This may give me grounds for an appeal. Or shall I just admit defeat and offer to pay on the basis that they agree to having the claim set aside. More to the point the claimant Cleary lied stating that they do not need planning permission to operate as the ANPR cameras they rely on Cleary need planning permission, if the ANPR camera was installed on a pole and not the building they need planning permission which has not been granted as I checked the public record. I can get Manchester council to comment on this given time for them to respond. I was in shock that the judge just took the claimants word on this when he lied and stated "they did not need planning permission"

Good thinking! I only requested the telephone hearing (in the body of the email) and will send the further note tomorrow to cover all bases!

Yes I called them today and have emailed them a request for a telephone hearing today along with the aceptance from the claiment. Here is a redacted version of the documents I filled today. WS Defence Redacted.pdf

It's all been emailed in now to the court and to the claimant. The claimant has agreed to a telephone hearing so hopefully the court will accept and it will be interesting to see what happens at the hearing.

You mention "the convoluted "free parking voucher" scheme is an unfair term under the Consumer Rights Act 2019" Would you be able to elaborate on this part a little further?

Here's my draft defence, let me know what you think... Draft Defence.pdf Oh and Exhibit E, which shows that they do not have planning permission at the Urban Exchange to errect ANPR cameras or to put up advertisment signage. Planning - 100 Great Ancoats Street Manchester M4 6DE.pdf

Is there any argument I can add to the defence about the fact they turned £165 into £259? I typed a reply on Thursday but I must have forgot to hit send. I called the court on Thursday and spoke to someone about moving the hearing date to a telephone hearing, he said the easiest way would be to see if the other party agree and then to send an email into the court. I mentioned the fact that these parking companies rarely even show up to their own court hearings physically and that it would be interesting to see if they could be bothered to show for a telephone hearing. He agreed with me that these parking companies are only ever after an easy win. I'd like to put something in my WS statement about the manor in which they do business and how it is immoral and abuses court procedures. I've asked my old landlord to send me a letter stating that my tenancy ended and I moved out on the 31st of September and I will include that as evidence. Is a letter ok? The house was sold on the 1st of October so land registry will also have proof that the house was sold on that date. I could argue that they could have conducted a land registry search and seen that the house was sold and exchanged owners on the 1st of October to counter their argument of "a trace was conducted prior to the issuing of court proceedings." if they genuinely conducted a trace and some sort of due diligence they would see that the house had been sold. Yes I can also provide flight tickets and passport stamps as evidence for the 15th of November! I s their letter dated 30/06/2021 actually compliant with the pre action protocol? Are they allowed to bring a claim on 25/11/2021 5 months later after only sending 1 letter? "Relief from sanctions 3.9 (1) On an application for relief from any sanction imposed for a failure to comply with any rule, practice direction or court order, the court will consider all the circumstances of the case, so as to enable it to deal justly with the application, including the need – (a) for litigation to be conducted efficiently and at proportionate cost; and (b) to enforce compliance with rules, practice directions and orders. (2) An application for relief must be supported by evidence." Do I need to a separate application for relief? Or include something specific here in the WS? Is there anything I can add about their request to add an additional £156 in legal fees? ..................... Witness Statement 2nd Draft I am the defendant in this case. The facts and matters set out in this statement come from my personal knowledge and I believe them to be true. I was not able to reply to the court documents as I was no longer at the service address at the time the court papers were served. I moved out of the address on the 30th of September 2021 Timeline: September 30th 2021 - I moved out of my address (Please refer to Exhibit A & Exhibit B) November 15th 2021 - I left the UK (Please refer to Exhibit C & D) November 25th 2021 - I was served court papers at an address I was no longer living at December 17th 2021 - Judgement by default was issued against me April 1st 2022 - I realised I had a CCJ against me on my credit file and contacted the court for more information April 1st 2022 - I immediately sent the court a N244 request to have the judgement set aside I received no pre court action dated prior to this date, the claimant states that letters were not returned undelivered but have not provided any proof of postage, any tracking details nor any proof of delivery. The claimant states that they conducted a trace prior to issuing court proceedings but have not provided any details of what that trace entails, if the claimant would have checked the land registry they would have seen that the property had been sold on the 1st of October. I believe that I have demonstrated beyond any reasonable doubt that I have not received the claim forms. Not only was I no longer at the address the claim forms were issued, I was not even in the country. Having not received the claim forms I was unable to respond and was unable to defend the claim having no knowledge of it at the time. It is respectfully requested that the Judgement dated xxxxxx claim number xxxxxxxx issued under Part 12 CPR be set aside pursuant to CPR 13.3. a/b. The Claimant's Witness Statement point 20.g regarding prompt action is incorrect. As I was not in receipt of any claim forms the only way I found out about the CCJ was checking my credit file. As soon as I realised I had a CCJ on the 1st of April I contacted the CCBC the same day and applied to have the judgement set aside. I attach a draft defence and also a draft of the order I would respectfully request the court to make. I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth. Exhibit A - Letter from landlord proving end of tenancy on the 30th of September Exhibit B - Land registry document proving change of ownership and sale of property on the 1st of October Exhibit C - Flight ticket showing exit from the UK Exhibit D - Passport stamps further proving exit from the UK

Here's my first draft! Let me know what you think so far...cheers! On behalf of the defendant Statement no.1 20/05/2022 In The County Court At Manchester Claim Number HIGHVIEW PARKING LIMITED VS Witness Statement I am the defendant in this case. The facts and matters set out in this statement come from my personal knowledge and I believe them to be true. I was not able to reply to the court documents as I was no longer at the service address at the time the court papers were served. I moved out of the address on the 30th of September 2021 September 31st 2021 - I moved out of my address November 15th 2021 - I left the UK November 25th 2021 - I was served court papers at an address I was no longer living at December 17th 2021 - Judgement by default was issued against me April 1st 2022 - I realised I had a CCJ against me on my credit file and contacted the court for more information April 1st 2022 - I immediately sent the court a N244 request to have the judgement set aside I received no pre court action dated prior to this date The Claimant's Witness Statement point 20g about prompt action is incorrect. As soon as I realised I had a CCJ on the 1st of April I applied to have the judgement set aside. ######### Draft order ###### Between Claimant xxxxxxxx -and-Defendant xxxxxxx Draft Order It is respectfully requested that the Judgement dated xxxxxx claim number xxxxxxxx issued under Part 12 CPR be set aside pursuant to CPR 13.3. a/b. It is Ordered The Claim be set aside and the defendant be allowed to defend the claim Signed Dated. DRAFT DEFENCE (1) the Claimant is suing the wrong person, the Claimant should be suing the driver of the vehicle and has not established keeper liability under Schedule 4 of the Protection of Freedoms Act 2012; a Notice to Driver should have been delivered within 14 days if the claimant wishes to rely on Keeper liability. Claimant's Witness Statement exhibit 3 clearly shows that their Charge Notice was issued on the 01/09/2017, 27 days after the alleged contravention. DCBL still have no idea whether they are pursuing the keeper or the driver and are disregarding Schedule 4 of the Protection of Freedoms Act 2012 in order to try their luck in the hopes of dishonest financial gain. The claimant is put to strict proof that it was indeed the defendant who was driving the car at the time. (2) Locus Standi - the Claimant is not the landowner and I do not believe they have the authority to bring this claim. A letter - not even from the landowner - saying there is an agreement is not the same as producing an agreement (Claimant's Witness Statement exhibit 1); The claimant is put to strict proof that they have the consent of the land owner and is asked to produce the actual agreement between themselves and the landowner. (3) the convoluted "free parking voucher" scheme is an unfair term under the Consumer Rights Act 2019; (4) I do not believe the Claimant has obtained planning permission for their signs which is a criminal offence and makes it impossible to have formed a contract with the driver; The claimant is put to strict proof that they have the correct permissions from Manchester Council in order to operate the site as a parking business. (5) The Claimant is claiming the debt, legal costs and an extra invented sum as an attempt at double recovery which invalidates the whole claim. Their action is expressly forbidden under the Parking (Code of Practice) Act 2019 and ensuing government Code of Practice, as well as previous legislation. (6) Both the BPA and the IPC do not not have compliant Codes of Conduct. They are in breach of the Law in two ways at least which has been confirmed by the new Private Parking Code of Practice introduced by the Government earlier this year which clarifies the position that has always existed on the Protection of Freedoms Act 2012 but ignored by most parking companies as well as the BPA and IPC. (7) Escalation of costs Private Parking Code of Practice s9 states in the most recent publication ‘Private parking charges, discount rates, debt collection fees and appeals charter: further technical consultation’. 36. To reduce harm to motorists, we propose to cap the level of debt recovery fees at the existing industry level £70. In setting this cap, we have taken into consideration the deterrent effect, the amount of court fees and the costs to operators of enforcing parking charges. We will keep the cap under review and will take these factors into consideration when setting it in future. The parking operator must not levy additional costs over and above the level of a parking charge or parking tariff as originally issued. The claimants WS Exhibit 3 demonstrates the unlawful progression of a £55 charge becoming £135, and escalating to £165 in Exhibit 5, way in excess of what code of practice dictates. Even back in 2017 the charges were unlawful and on that basis the PCN should have been cancelled as an abuse of process. Charging of extra debt collection/ administrative costs etc over and above £100. This has always been the case . Schedule 4 s4[5] states "(5)The maximum sum which may be recovered from the keeper by virtue of the right conferred by this paragraph is the amount specified in the notice to keeper under paragraph 8(2)(c) or (d) or, as the case may be, 9(2)(d) (less any payments towards the unpaid parking charges which are received after the time so specified). (8) Most parking companies are breaking the Law by using ANPR cameras that records the entrance and leaving of the car as the "period of Parking" on their Notice to Keeper which is necessary to comply with PoFA 2012. It is obvious that a car is not parked as it is driving within the car looking for a space, then parking in it and then leaving the car park should be not included in the ANPR times. In addition if there are disabled people in the car or children in car seats this can all add to the time. So given that there is a minimum of 10 minutes "consideration time" it is more than probable that the parking period was complied with and that the case should never have been taken to Court. It also means that the keeper's GDPR was breached. I should add that the CCJ amount has reached £334, So if I minus the £50 in claimed solicitors fees and £25 filling fee that means that they upped the fee to £259 by the time they entered the CCJ.