Hx Parking/gladstones CCJ - Exceeded 1hrs Free - McDonald's Alma Leisure Park Chesterfield CCJ issued thanks to useless parking fines ltd.

[Digital_2012]

Its  for the judgement to be set aside which has been made against me without my knowledge as Parking fine ltd changed my address without my knowledge. The judgement made on 9th Jun 2021

[Andyorch]

Have they agreed to set a side by consent ?

[Digital_2012]

Hi Andyorch, no they have not i am just trying my luck just them an email asking if they agree to set the judgement aside.

 

Om other hand i have done my ws please have a look at preview its same as which i wrote in n244 form

 

IN THE COUNTY COURT SHEFFIELD 

 

CLAIM NO: 

 

HX PARKING LTD  (CLAIMANT)

VS

 (DEFENDANT)

 

Date: 18th January 2022

 

Witness Statement

I ... Of...... will state as follows:

 

I am the defendant in this case and I make this WITNESS STATEMENT in support of my application to set aside the judgement which was heard at COUNTY COURT BUSINESS CENTRE on 9th June 2021.

 

I make this WITNESS STATEMENT from information and facts within my own knowledge and which I believe to be true. 

 

I am requesting to reinstate my case because a third party changed my address and did AOS without my knowledge and permission.

 

I received parking charge notice in August 2020 then i found a website called Parking Fines ltd, who claimed that they deal with these cases for £18 and they have a very high win rate.

 

I paid to the company, then the company filed appeal which was rejected since then this company advised me that only contact the company when i received N1SDT claim form.

In early March 2021 i received N1SDT claim form and then i contacted Parking Fine Ltd for the help, I also sent the picture of my N1SDT Form but they asked me for more money which I refused but they agreed to provide me a written defence.

 

After few days the Parking Fine Ltd company dissolved and their WhatsApp .

As I was communicating with them through WhatsApp and they never mentioned that they will change the address or do any unauthorized activity without my permission or my knowledge.

 

I submitted the defence on 13th March 2021 via email since then i did not hear anything from the court. 

I recently rang COUNTY COURT BUSINESS CENTRE to find out any update on my case and i been told that the address is not the same which i told  for security, also they told me that the decision has been made against me because I didn’t reply to the Court.

 

The fact is that I couldn’t reply because i never received any correspondence from court to my address till March 2021, I was receiving all correspondence to my address but after submitting the defence on 13^th March 2021 via email, I have not received anything.

 

I am attaching my WhatsApp chat screen shots with this witness statement,  also refer you to 13.3 of the CPRs which provide in CPR13.3 for set asides where there is 'good reason'.

 

I hope you will consider my request and reinstate my case so i can contest it again the defence is already been filed on 13th March 2021 which is struck due to this error.

 

Statement of Truth I believe the facts stated within this Witness Statement to be true and Exhibits comprising of 2 pages.

[Andyorch]

Couple of points that require attention ......

 

What date early March did you receive the N1 you need to state the exact date. ?

Don't abbreviate Acknowledgment of Service to AOS.

Your statement of truth is out of date...

 

So reading between the lines you didn't acknowledge service on time (19 day) you passed the forms to a third party...who by the way are not legally allowed to represent you unless the court was informed and permission given.

You submitted your defence March 13th March

Judgment dated 19th June 2021

 

Have I missed anything ?

[Digital_2012]

Hi Andyorch, i think you missing some points the whole case messed due to Parking fine ltd  i received N1SDT form on 11th March then i contacted the parking fine ltd straight away and sent the picture of N1SDT form then they sent me the defence which i filed via email on 13th march 2021

 

Because i was completely unaware of this kind of case but when i got some advice from here then i tried to AOS on MCOL but it did not let me to login.

 

Most likely parking fine ltd already done the AOS without my knowledge.

[Andyorch]

Ive not read all the finer detail...simply picking up points from your statement above....so you received the N1 on the 11th March 2021 was that the date on the claim form or earlier ?

 

If the claim was dated 11th March and you assume that Parking fine submitted your AOS and you submitted your defence on the 13th March...you had 33 days in total from the date of the claim form....19 days to AOS by Monday 29th March 2021 ( and a further 14 days to submit a defence ( Monday 12th April 2021) = 33 days.

How did they manage to get judgment on the 19th June 2021?  Because you hadn't exceeded the time to respond ?

[Digital_2012]

Andyorch again you did not read the whole thread  the N1 form date is 5th of march but i received it on 11th march.. i contacted the parking fine ltd as i already paid them £18 but they were asking more money which i refused but they agreed to help with defense and instruct me to file the defence by myself which i did.

 

There is another important point which worth mentioning that i was on MSE forum as well for getting help and i assume the parking fine guy was also reading there because i had no knowledge of AoS so he filed on purpose as he had my N1SDT form picture.

 

The other thing you asking that the judgement made on 9th June so how do i know 

 

When i filed defense on 13th march after that i was assuming that i will get the court hearing letter because due to covid i thought that the court maybe busy with other case. I rang the court in August and then found out that they made judgement. 

 

Also i paid the fee to get the judgement certificate which shows an address in Derby but i live in Sheffield

 

 

[Andyorch]

I know I have not read the whole thread I don't need to.....simply picking up from the dates in your statement as I've already stated ...they do not stack up.

 

So lets run the dates again...claim form dated 5th March 2021 ...you have 33 days in total if defending the whole claim.

Acknowledgement of serve date (unknown) =  must be done by 23rd March 2021

You submitted a defence on 13th March = you had until Tues 6th April to submit.

 

With the mix up in address did all the paperwork go to your previous address and therefore you didn't comply with directions and they struck your defence out ?

 

 

 

.

 

 

.

[Digital_2012]

@Andyorch i only received one court letter only and that was N1SDT form. The parking fine changed the address to their address which is in derby so i have not received anything after N1SDT form

[Andyorch]

Which is what I thought....so reading between the lines all your paperwork...Notice of Allocation and Directions and the submitting of a statement with evidence went unanswered...through no fault of your own as you were not aware...and therefore the court probably struck out your defence because you failed to respond and comply with the the courts orders.

 

I would just go ahead with the application ...the claimant will not consent to a set a side...but your statement does not explain fully how you fell foul of this company. I would also be questioning why the court did not acknowledge you with the change of address and that Parking Fine Ltd had been appointed as your legal representative and authorised to act on your behalf.

 

 

[Digital_2012]

I have no idea why court not questioned changing the address etc. But good thing is that i sent the n244 form to decide whether the court set aside the case or not, also i wrote the whole situation.

 

The telephone hearing is allocated for 16th March 2022 to set the case aside,  i am preparing witness statement and other hand planning to send consent order to Hx parking to see if they agree to set the case aside. 

[Andyorch]

Well best of luck...but you asked for opinion on your statement at post #129....I have read it I have given my opinion and it requires further tweaks....you don't want your application dismissed simply because you passed your claim to a third party who failed to deliver and your statement fails to point out some of the points I have added and advised.

 

Andy

[Digital_2012]

Thanks Andyorch can you edit my witness statement to add the points which are more relevant. I will copy and edit the existing witness statement so i can send to the Court.

 

As my hearing is in Sheffield county court so do i have to send the WS to Sheffield county court or ccbc?

[Andyorch]

Sheffield...place of hearing..what date is your hearing ?  Did the court advise you to submit a further statement as I assume you had already provided one with your N244?

[Digital_2012]

@Andyorch please see my post #100 i have attached the N244A form for the court hearing on 16th March. Thanks

[Digital_2012]

On 15/01/2022 at 13:47, Digital_2012 said:

Update:

 

HI guys i have received N244A letter today with telephone hearing scheduled. I have attached the letter please have a look and advise me what to do next. Thanks

N244A.pdf 1.84 MB · 5 downloads

 

Please have a look at this post. Thanks

[Andyorch]

Parties to agree draft directions for a set a side hearing.....that's a new one...does not actually tell you to submit a statement in advance of the hearing.....let me check your N244 and get get back to you.

 

Also is there a copy of the defence you submitted here on the topic ? if so which post # number ?

 

 

Andy

[Digital_2012]

Ok here is the attached defense which i sent on 13th March 2021. 

 

Defence 13th March 2021.pdf

Edited January 19 by Digital_2012

[Andyorch]

Defence okay...N244 application okay in post #84...so just a little work required on your intended further statement...you will have to file and serve a copy of this not less than 7 days pre hearing.

 

Give me a nudge nearer the time and I will make a few tweaks to it.

[Digital_2012]

Hi Andyorch isn't a good idea if i send them via email now instead 7 days prior to hearing also is it worth sending consent order form to hx parking to see if they agree to set the case aside?

[Andyorch]

Your statement requires work...unless you wish to send it as is. The court has not directed you submit a further statement they already have your initial statement within your N244 application.

 

You can send the consent order if you wish but don't expect a reply.

[Digital_2012]

@Andyorch .. Okay i rather wait and send the statement when you add some tweaks in it. And thanks again for your prompt help and advice. I will definitely contact you few days b4 the hearing. Thanks

Edited January 19 by Digital_2012

[Andyorch]

It must be submitted not less than 7 so give me a nudge say 10 before.

[Digital_2012]

@Andyorch Okay will do around 5th of March i am setting a reminder as well

[Andyorch]