DEL backdoor CCJ for Surrey County Council car park??

[ericsbrother]

why dont you actually mention these things when you post up. You have a UK address that you can use or you wouldnt be in this boat in the first place. Then I would be going to wherever on the appointed date and asking for travel from Cuba or wherever you are at the moment and let the other side know that the $4000 plane fare will be added to your exes.

[shilu28]

Sorry, I am just going round and round in circles and sometimes I have forgotten to mention some details. As stated in post #12, I live abroad. The address in UK is my house but it is rented out. I still receive all the mail addressed to me from that address.

[Oddfellow]

So you have a UK registered car, registered to that address, even though it isn't where you live, and you live overseas??? And you didn't think this was relevant??!

[shilu28]

Hello, did you read post #1?

[ericsbrother]

yes but my understanding is that you were back in the UK or at least as you had received the CCJ as you had a service address.

 

If you then decide to use an overseas address then you dont have a local court so it wont be transferred to anywhere in Surrey unless you can show a good reason for this.

 

To put it bluntly you have done yourself a disservice when you knew that this was going to be problematical you did nothing to help yourself.

 

Do the people at your UK address not know how to scan and email documents?

 

Have you no relatives in the UK whose address could be used for accepting documents?

 

Some forethought would have been useful

[shilu28]

Appreciate your reply. Thank you.

 

I made the mistake on the N244 form.

 

I thought and assumed that the my home address, where the letters from gladys and debt collector were sent would remain the same.

 

And that I could have a different correspondence address.

 

If I knew this was going to be an issue and that the correspondence and 'home' address had to be the same then I wouldn't given my current address.

[ericsbrother]

It has to just be an address that papers can be sent.

 

 

You should consider giving the court a UK service address as this will speed things up enormously and then you get to choose a court if the address is one that is better fro you.

 

 

As it stands the court will be one allocated to minimise the travel costs for the opposition.

 

 

No point having a court that suits no-one.

[shilu28]

Thank you for that. So that would be where the set aside is suppose to be?

What would be the best way to send this to court, email or fax as you you suggested before?

[Oddfellow]

Probably too late for the set-aside, IMHO

[ericsbrother]

As oddfellow points out,

you have spent an awful ot of time asking the same questions and you already have the answers and doing nothing.

 

 

The hearing will be in Manchester if it hasnt happened already ( you didnt give us a date) and you were told that you should turn up of make sure it was heard on the papers.

 

 

If the set-aside is successful you get the hearing moved to a more suitabel court by giving them a reason to do so. like an address that can be used for sending papers to.

 

You cannot rely on reading just your thread and hoping that we can answer everything.

 

 

You have to do some work for yourself and that includes finding out how the courts system works and how to utilise it

 

 

Go to the legal pages of the CAG and read up on likely threads.

they wont be about parking but that doesnt matter, it is the set-aside help you want.

[shilu28]

My case has been transferred and now on the 24th March.

I have to file at the court and send copy to claimant the following:

1) A draft defence

2) Witness statement setting out when and how I found out about the judgement,

3) Why I didn't acknowledge claim form/file a defence in time

4) Brief explanation why I believe that i will be successfully able to defend the claim.

[honeybee13]

Make sure you keep to the court deadlines for submitting your documents, shilu.

 

Are those on the correspondence you've had?

 

HB

[shilu28]

Hi HB,

 

Many thanks for your reply.

 

Yes they are on the court paper titled General Form of Judgement or Order. I have to submit the defence at least 7 days before the set aside date. Interestingly, the e-filling update they have sent is from Greater Manchester.

 

I have been search here for sample/template of witness statement. I haven't found one yet. Please are you able to point me to one?

[ericsbrother]

right so you knw what to do a dn each fot ehse orders are separate so write them and number them as such.

A witness statement just has to end with the correct wording and be signed BUT I would include all of the other points in it such as the why you didnt respond to the letters, court docs etc as well. The main part of your witness statement should however deal with the unenforceablility fo the demand in the first place so you need you pictures of the signage copies of the NTK etc so you can show that there is a good defence rather than just the procedural unfairness. It is all very weel showing you didnt receive the documents but if your defence is rubbish then you would have lost anyway. You must give the judge some evidence of a successful argument.

[shilu28]

I have photos of the whole car park, entrance and signage. There are only 2 signs about size of A4 paper and they no where near the entrance. There are no lights in the car park at all. In fact, during the day, I had to look for the signs. You can imagine how hard they are to see at night when it was dark and raining.

I intend use the follow points (which I will describe in detail) for my witness statement and please let me know if I need to add/modify/delete any:

 

1. Unclear, Inadequate and Non-Compliant Signage

 

2. Contract with the Landowner is not Compliant with the BPA code of Practice and No Legal Status to Offer Parking or Enforce Charges

 

3. No Contract with the Driver

 

4. Unfair Terms

 

5. ANPR Accuracy

 

6. No Breach of Contract and No Genuine Pre-Estimate of Loss

[shilu28]

Please how does NCCB send claim forms? Do they use recorded delivery or standard mail?

[dx100uk]

std mail

large brown a4 env

[shilu28]

Would it be a good idea to get a witness statement from my tenant about not receiving any post recorded or otherwise from NCCB and DEL?

[shilu28]

DEL claims on their website to be member of IPC however, when you do a member search on the IPC website, they are not listed.

[ericsbrother]

Yo can get a statement but it will have to be signed off in the correct manner and witnessed. Look up wording for an affidavit ("swear"). A solicitor will charge you £5-10 for just witnessing the sig so you have to have the letter already written out before bothering them.

 

Again, lack of membership of ATA means that you were denied the opportunity to use an ADR ( alternative disputes resolution) and this will help with winding the clock back so when you get the pictures of the signs you can point this out.

 

Also , if the signs and notice to keeper do not have a full address for teh service of legal documents ( many just use PO Box No) then it isnt legal under POFA so if you are arguing no keeper liability as well as other points this will help you.

Edited February 20, 2017 by honeybee13
Paras.

[shilu28]

Many thanks for your comments and suggestions.

 

Is the affidavit going to help my case? He is only willing to sign to say that he didn't receive any recorded delivery mail.

 

On the sign, they have covered up the "Approved Operator" with their own logo.

 

The sign only has a PO Box number. Please can I post the photo of the sign here or better to send by private message?

[dx100uk]

Here as a PDF

Follow the upload

[shilu28]

The PDF link only goes to the all the forums.

Please is it wise to upload the photo of the car park notice of the claimant here?

[dx100uk]

yes click upload

[shilu28]

...

Parking notice.pdf