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Michael1990

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  1. Ah right! Ok, I'll get this sent off and compile all my evidence in order so it's ready to send straight away
  2. I will get all this printed, send it off and if the set aside is permitted, when I know when a hearing will take place, i can come back to you guys for more advice to try and ensure I win it thanks everyone, I really do appreciate the help where I don't have a lot of knowledge in this area
  3. That is awesome, as long as I can get the set aside approved then I can deal with everything else at the hearing and absolute worst case, if I have to pay something I at least can have the CCJ removed and not have the next 6 years of my life financially burdened
  4. hey guys, I just finished the new draft, please have a look and let me know what improvements/ changes i can make Thanks! Draft order: im not going to include this as it is exactly the same as above which @Mrs O'Frog had included. Section 10 of N244 form, Evidence for Application Claim from: County Court Business Centre Claim No. XXXX Judgment Date: 02/01/2019 Claimant: UK Parking Control Ltd Defendant: XXXX I am the defendant XXXX and I have compiled the following information for the purpose of providing evidence as to why I believe the default CCJ should be set aside. Witness Statement 1. I lived at the address, XXXX from 06/12/2014 to 05/06/2015. 2. Between 20/12/2014 and 10/01/2015 I received 7 parking charge notices from UKPC. 3. I contested the charges and corresponded with the claimant by post and email on several occasions, an example of both can be seen in the attached supporting evidence pages 1 and 2. 4. My appeal was upheld for the first two charges and these were cancelled by email as can be seen in the supporting evidence pages 4, 5 and 6, yet they were included in the claim. 5. I wrote a final letter of correspondence to UKPC on 31/03/2015 requesting that before the matter escalates any further, I would like UKPC to send me all relevant evidence regarding the alleged breach of contract and if I did not hear from them within 14 days ( by 14/04/2015) I would consider the matter closed. 6. I received no further correspondence from UKPC and assumed the other 5 charges had been cancelled. 7. I moved to my new address on 05/06/2015 which was 66 days after my final letter of correspondence. 8. I am unaware of UKPC having sent further correspondence to my former address, but if they had, I was not aware of this. I had always corresponded with them in a timely fashion previously. In the absence of a response, they should have had reason to doubt that the address was still my place of residence. My address could have been verified by writing to me at the email address that they have. Statement of Case Below are the key points which constitute my defence regarding the alleged breach of contract. 1. 1. Supremacy of contract, due to being a tenant on the property (as seen in evidence referenced page 3). 2. 2. The practice direction on pre-action conduct was not followed. I was not provided with any documentation regarding the alleged breaches, despite requesting it (as seen in evidence referenced page 1). 3. 3. Although I had changed address no attempt was made to contact me via alternatives to my previous address such as email to which UKPC was in possession (as seen in evidence referenced page 2). Furthermore they could have tracked my new address via the electoral roll.. 4. 4. Two of the parking tickets (pcn ref. XXXX and pcn ref. XXXX ), which form part of the judgment, had in fact been cancelled by UKPC on 11 March 2015 (as seen in evidence referenced pages 4, 5 and 6), therefore the claim made against me was not valid as 2 of the pcn’s have been cancelled and are no longer valid. Below is the chronological order of events as they took place. I lived at the address XXXX between 6 December 2014 and 5 June 2015 (as seen in evidence referenced page 3), where there was private underground parking which was Managed by UKPC. The parking provided was closed off by an automatic shutter gate which required a remote to open. This is where i received a total of 7 parking charges in the space of 1 month - despite displaying a valid residents parking permit which was provided to me by the letting agency as part of my lease agreement ( as seen in evidence referenced page 3). The tickets were issued on the basis of "Not Clearly Displaying a Valid Parking Permit". After a lengthy and unnecessarily difficult appeals process, the first 2 that were issued (pcn ref. XXXX and pcn ref. XXXX ) were cancelled by UKPC (as seen in evidence referenced pages 4, 5 and 6). I then received yet another 5 tickets and after numerous correspondence back and forth where they became uncooperative and failed to provide me with the evidence requested (as seen in evidence referenced page 1), at this stage the cost escalated from £15 to £160 for the 5 tickets and they stated that they felt the tickets were issued correctly then refused any more correspondence regarding all tickets. I responded with a final letter in reply (as seen in evidence referenced page 1), stating that if they did not provide me with any and all evidence for each ticket within 14 days (from 31st March 2015) I would consider it an admission of incorrectly issued tickets and the case closed. I did not receive any further correspondence from UKPC and assumed the matter was closed. In February 2019 during a routine check of my credit report, I found that I have a default CCJ had been issued against me due to court action taken by UKPC without my knowledge, for all 7 tickets totaling £1,270 including fees.
  5. Thanks a lot for that information! I have just finished 5 15hr night shifts so once my brain has recovered I will fix everything up with all the new information and I will let you guys have another look in the hopes it is satisfactory and I can get it sent off! Thanks so much guys.
  6. @Mrs O'Frog I have found my tenancy agreement and did a search within the document to find any information around the words "park" or "parking" and there was no results in the search which leads me to believe there is nothing specific stated in the agreement regarding parking.
  7. Ok I will have a look into all the emails I have and see if I can find anything specific that states about parking. And that is no problem at all, I appreciate all the help, couldn't do it without all your help
  8. Right, thanks for that. I will change offences to beaches and I will remove the mention of my credit report and the debt collection agency. I already have all my evidence that I could dig up and as soon as I get the seal of approval from you all I will send it. I have already paid the set aside fee so hopefully by Monday I will get this sent off
  9. oh and in the section 10 part as well, the first point is: 1.1. Supremacy of contract due to being a tenant on the property (as seen in evidence referenced page 3).
  10. hey guys, this is the touched up and reduced version. I've tried to make it as straight forward as possible hitting the important parts. Any improvements just let me know, thanks! DRAFT ORDER IN THE COUNTY COURT AT: COUNTY COURT BUSINESS CENTRE UK PARKING CONTROL LTD (Claimant) And MR. XXXX (Defendant) CLAIM No: XXXX IT IS ORDERED that: 1. The default judgment dated 02/01/2019 be set aside. 2. Costs to be reserved. 3. Unless the Claimant serves a copy of the claim form on the Defendant by 4pm on 29/03/2019 paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £255 and the claim shall be struck out. 4. If the Claimant serves the claim form as directed in paragraph 3 the Defendant shall file and serve a defence by 4pm on 11/04/2019. 5. Should the Claimant discontinue the Claim after the CCJ is set aside, paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £255 plus the Defendant's costs for attending the hearing. 6. All enforcement to be put on hold pending the outcome of the application. DEFAULT JUDGMENT 1. I understand that the claimant obtained a default judgment against me on 02 January 2019. However, it was not served at my current address therefore I was not aware of the county court judgment until I received my latest credit report where my credit was severely compromised. I understand that this claim was served at XXXX – The address of the offence is shown to be XXXX where I was a tenant. However, I moved to a new address on 05 June 2015 which can be proved by the presence of my name on the electoral register. 2. Although I had changed address no attempt was made to contact me via alternatives to my previous address such as email to which UKPC was in possession. Furthermore they could have tracked my new address via the electoral register. DEFENCE 1. 1. At the time of the claimant issuing the tickets, I was a tenant on the property which provides me with supremacy of contract. The tenancy agreement has precedence over the contractual agreement that UKPC issued the charge under. 2. 2. I had corresponded with the claimant regarding the original PCN’s where they cancelled two of the charges. I had written to them demanding evidence for the other tickets, which they did not provide and I had given them 14 days from 31/03/2015 to supply all evidence to myself and if they did not I would consider this as an admission by the claimant that the PCN’s were incorrectly issued and I would consider the matter concluded. I moved from that address 66 days after the deadline I provided in my final letter and had received no further correspondence and therefore considered the matter concluded. 3. 3. Two of the parking tickets (pcn ref. XXXX and pcn ref. XXXX ), which form part of the judgment, had in fact been cancelled by UKPC on 11 March 2015 therefore the claim made against me is not valid as two of the pcn’s have been cancelled and the claim is for all 7 tickets. 4. 4. I did have in my vehicle the permit on display which could be seen. 5. 5. No Loss Suffered by Claimant: Their claim is presumably based on damages for alleged breach of contract. It is a fundamental principle of English Law that a party who suffers damages through breach of contract can only seek through court action to be put back in the same position as they would have been if the breach had not occurred. In order to do so they must demonstrate their actual or genuine pre-estimate of loss. I submit that no loss has been suffered by the claimant as a result of any alleged breaches of contract on the part of any driver of the vehicle of which I was the registered keeper. I further submit that any loss to the landowner (which would be the only party able to claim such losses) would be minimal. 6. . 6. I believe the claimant has behaved unreasonably by not ensuring they used my correct contact details, which are available through, Electoral Register or emails that were made in the appeals process. According to publicly available information my circumstances are far from being unique. UKPC’s persistent failure to use correct and current addresses results in an unnecessary burden for individuals and the justice system. 7. . 7. Considering the above I was unable to defend this claim. Therefore, I believe that the default judgment against me was irregular and I respectfully request it is set aside. Statement of Truth: I believe that the facts stated in this Witness Statement are true. Then i will include my evidence needed for section 10 of the application as follows; I am the defendant XXXX and I have compiled the following information for the purpose of providing evidence as to why I believe the default CCJ should be set aside. y 2. 1.The practice direction on pre-action conduct was not followed. I was not provided with any documentation regarding the alleged offences, despite requesting it (as seen in evidence referenced page 1). 3. 2. Although I had changed address no attempt was made to contact me via alternatives to my previous address such as email to which UKPC was in possession (as seen in evidence referenced page 2). Furthermore they could have tracked my new address via the electoral roll. 4. 3. Two of the parking tickets (pcn ref. XXXX and pcn ref. XXXX ), which form part of the judgment, had in fact been cancelled by UKPC on 11 March 2015 (as seen in evidence referenced pages 4, 5 and 6), therefore the claim made against me was not valid as two of the pcn’s have been cancelled and are no longer valid. Below is the chronological order of events as they took place. I lived at the address XXXX between 6 December 2014 and 5 June 2015 (as seen in evidence referenced page 3), where there was private underground parking which was Managed by UKPC, which was locked off by an automatic shutter gate which required a remote to unlock. This is where i received a total of 7 parking charges in the space of 1 month - despite displaying a valid residents parking permit. The tickets were issued on the basis of "Not Clearly Displaying a Valid Parking Permit". After appealing (via email) the first 2 that came through the post (pcn ref. XXXX and pcn ref. XXXX), I received no leeway, no evidence and was denied the appeal instantly. The two tickets which were originally £15 had then increased to £160. After asking for the evidence (as seen in evidence referenced page 1) - which they refused to provide, they then sent the case to a debt recovery agency to which I started the appeal all over again. After going through the appeal process once again with the debt recovery agency, it resulted in the agency being given instruction from UKPC to cancel the charge for both tickets (as seen in evidence referenced pages 4, 5 and 6) and that they will be cancelled off of the debt agency’s system as well. I then received yet another 5 tickets and after numerous correspondence back and forth where they refused to provide me with the evidence (as seen in evidence referenced page 1), at this stage the cost escalated from £15 to £160 for the 5 tickets and they stated that they felt the tickets were issued correctly then refused any more correspondence regarding all tickets. I responded with a final letter in retaliation (as seen in evidence referenced page 1), stating that if they did not provide me with any and all evidence for each ticket within 14 days (from 31st March 2015) I would consider it an admission of incorrectly issued tickets and would consider the matter concluded. I never heard from them again and assumed the matter was closed. My latest credit report which is usually very good, was all of a sudden extremely low. After looking into this I found out that I have a CCJ against me by default for all 7 tickets totaling £1,270 including costs. Apparently the claim was completed 1st January 2019 and i had no idea this was going on as i never received any letters - due to not living in that address for 4 years and i did not receive any correspondence from them - yet they have my email from when i was appealing the tickets and corresponding with UKPC.
  11. Ok, I'll change the numbers to suit. Yeah I'm not too sure about the draft order but there is a section on that on the application form -section 4. In the guideline provided by the county court for the application, it states section 4-9a is not necessary to complete, saying this I can only imagine it helps my case more, I'm not sure though. Hopefully I'll get some more input from the others so I can send the application as soon as
  12. Hi Guys, from the thread for the 6 point draft that @Mrs O'Frog provided, I just copied that draft and changed a few details to match my circumstances. As well i am Including the written evidence as required for section 10 of the form. If you could have a read and any help would be absolutely amazing. A side Note: in my evidence, where it shows (as seen in evidence page x) this is where i am providing physical written proof of the point i am bringing to light. DRAFT ORDER IN THE COUNTY COURT AT: COUNTY COURT BUSINESS CENTRE UK PARKING CONTROL LTD (Claimant) And MR. XXXX (Defendant) CLAIM No:XXXX IT IS ORDERED that: 1. The default judgment dated 02/01/2019 be set aside. 2. Costs to be reserved. 3. Unless the Claimant serves a copy of the claim form on the Defendant by 4pm on 29/03/2019 paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £255 and the claim shall be struck out. 4. If the Claimant serves the claim form as directed in paragraph 3 the Defendant shall file and serve a defense by 4pm on 11/04/2019. 5. Should the Claimant discontinue the Claim after the CCJ is set aside, paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £255 plus the Defendant's costs for attending the hearing. 6. All enforcement to be put on hold pending the outcome of the application. WITNESS STATEMENT 7. I am Mr. XXXXr and I am the defendant in this matter. This is my supporting statement to my application dated 15 March 2019 requesting to: a. Set aside the default judgment dated 02 January 2019 as it was defectively served using an old address. b. Order for the claimant to pay the defendant £255 as reimbursement for the set aside fee. c. Order for the original claim to be dismissed. DEFAULT JUDGMENT 8. I understand that the claimant obtained a default judgment against me on 02 January 2019. However, it was not served at my current address therefore I was not aware of the county court judgment until I received my latest credit report where my credit was abolished. I understand that this claim was served at Flat XX 475 Lower Twelfth Street, MK9 3PW – The address of the offence is shown to be 475 Lower Twelfth Street MK9 3PW, where I was a tenant. However, I moved to a new address on 05 June 2015 which can be proved by the presence of my name on the electoral register. 9. I have never received any correspondence from the claimant; therefore I was never able to challenge the original charge or the judgment. 10. I have never received any correspondence since 31st March 2015 and have had no contact with the claimant. 11. I believe the claimant has behaved unreasonably by not ensuring they used my correct contact details, which are available through DVLA, Electoral Register or emails that were made in the appeals process. According to publicly available information my circumstances are far from being unique. UKPC’s persistent failure to use correct and current addresses results in an unnecessary burden for individuals and the justice system. 12. I suggest the claimant did not make reasonable enquiries as to my current address before perusing the court order especially considering they had good reason to believe they did not hold my current contact details. Furthermore, considering they received no response from me to their correspondence this should have been a clear indication of the obsolescence of the address Flat XX, 475 Lower Twelfth Street, MK9 3PW 13. Considering the above I was unable to defend this claim. Therefore, I believe that the default judgment against me was irregular and I respectfully request it is set aside. ORDER DISMISSING THE CLAIM 14. I further believe that the original parking charge notices have no merit and should thus be dismissed. The claimant is a parking company which seeks to claim for parking charge notices which the claimant believes are due as a result of an alleged breach of contract for parking by a driver. 15. The claimant has obtained details of the vehicle for which the defendant was the registered keeper and used those details to raise a parking charge notice. I dispute this charge in its entirety as I do not know the wording of the contract nor do I know the means by which the contract was alleged to have come into force. 16. If the claimant can evidence that the alleged incident relates to the vehicle XXXX, any notice to keeper issued by the claimant must comply with Schedule 4 of the Protection of Freedoms Act 2012. Otherwise, the claimant is required to prove the driver of the vehicle they claim was involved in the alleged incident. I submit that the claimant cannot provide such evidence and further submit that the claimant does not include Protection of Freedoms Act 2012; wording on the parking charge notices they issue and therefore cannot hold the registered keeper of the vehicle automatically liable. 17. A requirement of the Protection of Freedoms Act 2012 is that any notice to keeper must be served within 14 days of the date of the alleged incident. Since I have not received any documentation I submit the claimant has not complied with the requirements of the Act and thus cannot claim this charge against me as the registered keeper in any case. 18. I further submit that the parking charge notice is without merit due to substantial issues in law. This is for the following reasons: a. Lack of Standing by Claimant: The claimant is not the landowner of the car park in question and will have no proprietary interest in it. This means that the claimant, as a matter of law, will have no locus standi to litigate in their own name. Any consideration will have been provided by the landholder and only they would have been able claim for any damages or trespass. b. No Loss Suffered by Claimant: Their claim is presumably based on damages for alleged breach of contract. It is a fundamental principle of English Law that a party who suffers damages through breach of contract can only seek through court action to be put back in the same position as they would have been if the breach had not occurred. In order to do so they must demonstrate their actual or genuine pre-estimate of loss. I submit that no loss has been suffered by the claimant as a result of any alleged breaches of contract on the part of any driver of the vehicle of which I was the registered keeper. I further submit that any loss to the landowner (which would be the only party able to claim such losses) would be minimal. c. The Charge is an Unenforceable Penalty: I further submit that the parking charge is nothing but an unenforceable penalty as it is not based on any loss suffered due to the alleged infraction. d. No Contract with the Claimant: Any contract must have offer, acceptance, and consideration both ways. There would not have been consideration from the claimant to the driver. Therefore, there is no consideration from the driver to Civil Enforcement Ltd. 20. On this basis I believe that the claimant has not provided any reasonable cause of action and thus the claim should be dismissed in its entirety. 21. In order to make informed decisions and statements in my defense as former keeper of the vehicle I will require copies of all paperwork and pictures of all signs from the claimant. Statement of Truth: I believe that the facts stated in this Witness Statement are true. Witness: XXXX (Defendant) Section 10 of N244 form, Evidence for Application Claim from: County Court Business Centre Claim No. XXXX Judgment Date: 02/01/2019 Claimant: UK Parking Control Ltd Defendant: XXXX I am the defendant XXXX and I have compiled the following information for the purpose of providing evidence as to why I believe the default CCJ should be set aside. To summarize I believe the CCJ should be set aside for the following reasons; 1. 1.The practice direction on pre-action conduct was not followed. I was not provided with any documentation regarding the alleged offences, despite requesting it (as seen in evidence referenced page 1). 2. 2. Although I had changed address no attempt was made to contact me via alternatives to my previous address such as email to which UKPC was in possession (as seen in evidence referenced page 2). Furthermore they could have tracked my new address via the electoral roll or DVLA using my car registration, of which they were in possession. 3. 3. Two of the parking tickets (pcn ref. 1255643581519 and pcn ref. 1255643540622), which form part of the judgment, had in fact been cancelled by UKPC on 11 March 2015 (as seen in evidence referenced pages 4, 5 and 6), therefore the claim made against me was not valid as 2 of the pcn’s have been cancelled and are no longer valid. Below is the chronological order of events as they took place. I lived at the address Flat XX, Lower Twelfth Street between 6 December 2014 and 5 June 2015 (as seen in evidence referenced page 3), where there was private underground parking which was Managed by UKPC, which was locked off by an automatic shutter gate which required a remote to unlock. This is where i received a total of 7 parking charges in the space of 1 month - despite displaying a valid residents parking permit, where the address and UKPC's name is visible. The tickets were issued on the basis of "Not Clearly Displaying a Valid Parking Permit". After appealing (via email) the first 2 that came through the post (pcn ref. 1255643581519 and pcn ref. 1255643540622), I received no leeway, no evidence and was denied the appeal instantly. The two tickets which were originally £15 had then increased to £160. After asking for the evidence (as seen in evidence referenced page 1) - which they refused to provide, they then sent the case to a debt recovery agency to which I started the appeal all over again. After going through the appeal process once again with the debt recovery agency, it resulted in the agency being given instruction from UKPC to cancel the charge for both tickets (as seen in evidence referenced pages 4, 5 and 6) and that they will be cancelled off of the debt agency’s system as well. I then received yet another 5 tickets and after numerous correspondence back and forth where they refused to provide me with the evidence (as seen in evidence referenced page 1), at this stage the cost escalated from £15 to £160 for the 5 tickets and they stated that they felt the tickets were issued correctly then refused any more correspondence regarding all tickets. I responded with a final letter in retaliation (as seen in evidence referenced page 1), stating that if they did not provide me with any and all evidence for each ticket within 14 days (from 31st March 2015) I would consider it an admission of incorrectly issued tickets and the matter concluded. I never heard from them again and assumed the matter was closed. In February 2019 I checked my credit report and my usually very good report was all of a sudden as low as it can go. After looking into this i found out that I have a CCJ against me by default for all 7 tickets totaling £1,270 including costs. Apparently the claim was completed 1st January 2019 and i had no idea this was going on as i never received any letters - due to not living in that address for 4 years and i did not receive any correspondence- yet they have my email from when i was appealing the tickets and corresponding with UKPC. Date: 15/03/2019.
  13. @ericsbrother Well I can tell you now that ukpc do not have their act together as they have claimed for 2 tickets that were already cancelled by themselves! Making the claim invalid There was just another 5 after those first 2 were cancelled
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