DEL backdoor CCJ for Surrey County Council car park??

[ericsbrother]

not resident at an address? If the vehicle was registerd to that address at the time of the event they ave use the correct service address. You need to be clear on this point or you will be told it is your own fault

[shilu28]

Thank you for your reply.

It was a hire car. I do not own a car.

I have tenants living in the house.

[ericsbrother]

But that is the address you used for your address when hiring the car?

[shilu28]

Yes it is but not update for a long time.

[shilu28]

I have uploaded the only 3 letters I have had regarding this matter.

And email from Enterprise Car Rental confirming GBP35 for admin charges debited on my credit card without authorisation from me.

 

My defence:

 

1) PCN shows time I entered the car park. No time showing when I left.

2) No barrier to stop me going into car park, no visible signs stating it is a private car park (hopefully I will take photos this weekend)

3) Not resident at the address where copy of judgement was sent. They knew full well that I am not resident there from the council tax payment records

 

I am still waiting for County Court Bulk Centre to respond to my request for copy of the judgement.

 

Please advice any other points that I need to add.

 

sorry for my previous mistake about uploading files. I am correcting it now

 

Unfortunately cannot scan PCN due to extremely bad original scanned doc sent to me by car rental.

nerged.pdf

[ericsbrother]

you cannot use the argument that it was sent to the wrong address if that is the address you gave the hire co at the time,

you will have to say that the papers were not received

(true, do not try and explain things or you will shoot yourself in the foot).

 

Also,

your opening header says it was a council car park

so tell us exactly where it was and all of the other details that go with it

such as what the supposed breach was etc.

 

 

This will enable us to find other reasons for setting aside and actually defeating this claim

[shilu28]

1) Surrey County Council Hall, Penrhyn Road, Kingston

2) Parking Charge Notice

3) No permit unauthorised parking 8:48pm

4) Advice note at the bottom of the PCN states that is Parking Charge and not a penalty or a fine.

 

Thank you very much for your time and please let me know if I need to extract other details from PCN.

[ericsbrother]

so not even a proper parking chareg but a prohibition, which is not a contractual matter but trespass.

 

 

I do not beleive that you can trespass on public land

so even the council cant force your removal without getting the police to remove you for breach of the peace or some other trumped up reason.

 

Now read a bundle of other posts and you will see that people are aksed for a mass of details which you are not supplying.

 

 

Who for example are DEL,

what address do they put on their signs,

what Trade Association do they belong to.

 

 

Tell us absolutely everything about everything or you may well lose out on some detail that you have the info for but it hasnt been fagged as important because we havent seen it.

[dx100uk]

can you scan up to pdf another copy of the redacted DCBL letter please

the others have now been sorted for you and are in the earlier post

 

 

dx

[shilu28]

,,

Debt Collector letter.pdf

[shilu28]

DEL= District Enforcement Ltd

I will be able to post photos during the weekend when I will have a chance to return to car park.

DEL belongs to International Parking Community

 

I am having issues with the PCN PDF doc sent by the car rental company.

I wanted to block car reg and reference number but because the original copy is so bad when I printed it that when I scanned again, it was not readable at all.

Is there any other way I can forward it may be private message for example?

[AndyOrch]

Username changed.

 

Regards

 

Andy

[ericsbrother]

no, just put a bit of masking tape over the personal bits and scan or photo it.

 

 

as it is a hire car the reg wont matter that much unless you would prefer to keep it anonymous.

 

 

Yes, the parking cowboys do read these posts but even though they claim they will use it as evidence they never have once successfully got a judge to accept a printout of a forum post as evidence.

[shilu28]

Many thanks Andy

[ericsbrother]

so plenty of reasons as to why claim will fail if you get a chance to put your defence in front of a judge. as long as you can show you were living abroad and therefore the matter should be reconsidered you will be OK

[shilu28]

Ok, I think I managed to get the PCN readable.

DEL PCN.pdf

[shilu28]

I have all the proof, such as registration at the Amsterdam City Council showing address in NL, rental agreement for my house in UK showing who is currently resident there.

So do I need to write in the N244 FORM please, as evidence to support set-aside?

[ericsbrother]

short defence is that there is no contract to consider so no breach of contract to cause monies to be owed to the claimant by the defendant.

 

 

The signage is prohibitive in nateu and thus at best a claim for trespas but that it a matter for teh lnadowner.

 

 

As the land is public land there can be no trespass

[shilu28]

Please will you kindly help me with the exact wording/tone of language I need to use for the N244 form?

[dx100uk]

post 35 attachment removed as name is showing..

[dx100uk]

Ok, I think I managed to get the PCN readable.

 

 

when you scan turn off OCR!!

 

 

dx

[shilu28]

Hi Dx,

 

The PCN came photo which was converted to PDF doc, not paper. That's why I am struggling with it. Only the letters from Gladys and DCBL were in paper form.

However, you should be able to read most of the wording with doc posted in post 41.

[dx100uk]

if it came as a photo .jpg]

then blank stuff out using paint then cover to pdf

read the guide there are numerous jpg>pdf converters listed in it

[shilu28]

No sorry, car rental took photo and sent as PDF.

I can try to ask the car rental to resend me. It is important then I can ask car rental to resend

 

I have just received the CCJ.

 

The address it was sent to is the correct address. But I never received it.

 

So my defence is as follows:

 

1) PCN shows time I entered the car park. No time showing when I left.

 

2) No barrier to stop me going into car park, no visible signs stating it is a private car park (hopefully I will take photos this weekend)

 

3) Never received the CCJ

 

4) No contract to consider. So no breach of contract to cause monies to be owed to the claimant by the defendant.

 

Please kindly help me with the wording to used on the N244 form.

CCJ.pdf

[dx100uk]

On page one of the N244, fill out the Court details and Claim no. and Claimant’s and your details in the top right-hand box and the date (include Claimant’s sols ref if you know them).

 

Leave Warrant no. blank (not applicable to your application).

 

 

In para 1 – put your full name in Caps.

 

In para 2 – tick Defendant box.

 

 

In para 3 - What order are you asking the court to make and why?, state the following:

 

 

1. The Defendant in these proceedings respectfully requests that the Court make an order to set a side judgment pursuant to CPR 13.3(1).(a/b/1/2)

The original claim form and response pack was never received.

 

 

and also state why you dispute the amount claimed [no visible signs stating it is a private car park

No contract to consider. So no breach of contract to cause monies to be owed to the claimant by the defendant.

 

 

 

(You can go into further detail at box 10)

 

In para 4 – tick no (Draft Order)

In para 5 – tick with a hearing box

In para 6 – leave blank

In para 7 – leave blank

In para 8 – put District Judge

In para 9 – put Restons

In para 9a -put Restons Address

 

Then fill out the Statement of Truth – sign & date.

In para 11 – your signature & date.

Then fill out your full address details & Phone & Fax & E-mail details –(if applicable).

Serve a copy on the claimants solicitor and retain a hard copy for your file

Edited December 14, 2016 by Andyorch
CPR number changed