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BAckdoor CCJ HIGHVIEW/DCB(L) ANPR PCN- set aside hearing -17 min overstay - Urban Exchange M4 Manchester


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In 2017 I unfortunately made use of the parking facilities at Urban Exchange M4 Manchester and despite spending money in their shops

 

I overstayed my welcome by 17 minutes and now they want more money for the privilege.

 

The car park there at Urban Exchange is managed by Highview Parking Limited. They state that 1 hour is free and up to 2 hours must be authorised by the shops themselves.

 

Their ANPR says I was in the car park for 1 hour and 17 minutes. There are a few posts online about how difficult it is to get the shops to authorise the parking and it really isn't clear at all how the system works.

Now a few years have passed and I no longer own the vehicle and I no longer live at the registered keepers address.

In december 2021 they entered a CCJ against me and won by default, I did not receive any paperwork as I was no longer at the address they had on file.

 

I noticed the CCJ appear on my credit file some months later.

Particulars of Claim:
1. THE DEFENDANT(D) IS INDEBTED TO THE CLAIMANT © FOR A PARKING CHARGE(S) ISSUED TO VEHICLE xxxxxx AT URBAN EXCHANGE M4

 

2. THE PCN DETAILS ARE 05/08/2017, XXXXXXXXXXXXX

 

3.THE PCN(S) WAS ISSUED ON PRIVATE LAND OWNED OR MANAGED BY C. THE VEHICLE WAS PARKED IN BREACH OF THE TERMS ON CS SIGNS (THE CONTRACT), THUS INCURRING THE PCN(S).

 

4. THE DRIVER AGREED TO PAY WITHIN 28 DAYS BUT DID NOT. D IS LIABLE AS THE DRIVER OR KEEPER.

 

5.DESPITE REQUESTS, THE PCN(S) IS OUTSTANDING.

 

6.THE CONTRACT ENTITLES C TO DAMAGES.

 

AND THE CLAIMANT CLAIMS

1. £165 BEING THE TOTAL OF THE PCN(S) AND DAMAGES.

 

2. INTEREST AT A RATE OF 8% PER ANNUM PURSUANT TO S.69 OF THE COUNTY COURTS ACT 1984 FROM THE DATE HEREOF AT A DAILY RATEOF £0.02 UNTIL JUDGMENT OR SOONER PAYMENT.

 

3.COSTS AND COURT FEES

1st of April 2022 - I submitted an N244 as soon as I was aware of the CCJ on the stating:
Set Judgment Aside - I do not live at the service address and have received no claim forms from the court.

 

I received no pre court documents from the claimant and I do not know who the claimant is.

 

The first I heard about this is finding the judgement on my credit file.

 

Further to this I have been in hospital with a serious illness for some months and this combination of an incorrect address and illness has made it impossible for me to reply in time.

 

I deny that any money is owed to the claimant and will defend the case against my name.

 

To enter a full defence I need to gather further information. Once the claimants details have been provided to me I will contact them directly to resolve this matter hopefully without wasting any further time of the courts.

I have received confirmation from the court that the hearing is to be heard on the 31st of May 2022

I have received a witness statement from DCBL Ltd on behalf of Highview Parking Ltd that I will attach here.
https://drive.google.com/file/d/1SsfWc1vdHfN7ihPi-22WxcZEfvLsoF0h/view


I am wondering how to proceed now and would be grateful for any help or advice you can offer.

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  • dx100uk changed the title to BAckdoor CCJ HIGHVIEW/DCB(L) ANPR PCN- set aside hearing -17 min overstay - Urban Exchange M4 Manchester
Posted (edited)

I don't want to be overly optimistic - but I haven't seen one properly-argued set aside application ever fail on CAG.  You have a great chance.

 

I'll read through the fleecers' pages of tripe properly tomorrow, but I see straight away their invoice doesn't respect POFA timeframes so that's already enough to defend the action.

 

You need to produce

   - your own Witness Statement

   - a draft defence

   - a draft of the order you want the court to grant.

 

This will probably take an hour at most as you are not preparing for the final court hearing, just showing the judge why they should set aside.

 

What deadline has the court given for you to produce this documentation?

 

 

Edited by FTMDave
Typo

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Have a read of pages 3-6 of Zimbird's thread  https://www.consumeractiongroup.co.uk/topic/439264-unknown-vcs-ccj-bristol-airport-stopping-in-a-zone-where-stopping-is-prohibited-was-abroad/page/3/#comments  which should explain the documentation necessary.

 

More tomorrow.

 

 

 

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One of the things that could help your case is their first PCN to you. Could you please post it up as I think there will be at least one thing that would help in your defence.

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LFI - the OP never received the PCN due to moving.  However it's on page 19 of the fleecers' WS.  Dated 27 days after the event.

 

evilmrkipling - can you please answer the question about the deadline the court has given for you to submit your documentation?

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OK, thanks.  I was worried about a deadline.  You need to prepare a short Witness Statement which states

   - the move from address A to address B and therefore you never received the Letter of Claim or court papers, and proof of the same as an exhibit;

   - mention of a draft defence as a separate exhibit (I've knocked something up below);

   - that immediately you realised you had a CCJ on (XXXXX date) you prepared to apply for set aside, so the Claimant's Witness Statement point 20g about prompt action is incorrect;

   - mention of the order you would like the court to issue as a separate exhibit (there is an example by Andyorch on Zimbird's thread.

 

Ideally e-mail the court their copy requesting a return receipt and post the fleecers theirs 2nd class with a free Certificate of Posting from the post office.

 

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;
   (2) Locus Standi - the Claimant is not the landowner and I do not believe they 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);

   (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;
   (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.

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Here is the document I received from the court after filling the N244. It only mentions the court date is the 31st of May.

 

I should mention that I am currently out of the country and not able to attend in person. Is there a way to inform them of that fact and ask for a telephone hearing?

County Court_Redacted.pdf

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So no deadline for documentation on the court order.  Good.

 

I'm no expert but I've noticed the courts don't look too kindly on requests to change court dates.

 

You're damn unlucky, until very recently all the hearings were telephone due to COVID.

 

I suppose there's nothing to lose by phoning the court, emphasising your illness and that you still feel vulnerable to COVID, and asking for a telephone hearing.  They can only say no.

 

if the worst comes to the worst, as long as you inform the court of non-attendance seven days before the hearing, you won't be "penalised" and the judge will decide on the papers submitted, but obviously it would be better to be present to answer any questions from the judge.

 

Anyway, give the court a ring and when you have time post up a draft of your WS.

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If its not possible to attend a hearing (in person or tele/video conference) and you wish for the hearing to be tried in your absence you should always attach a covering note to your statement/evidence requesting that the claim proceeds in your absence pursuant to CPR 27.9

 

Non-attendance of parties at a final hearing

27.9

(1) If a party who does not attend a final hearing–

(a) has given written notice to the court and the other party at least 7 days before the hearing date that he will not attend;

(b) has served on the other party at least 7 days before the hearing date any other documents which he has filed with the court; and

(c) has, in his written notice, requested the court to decide the claim in his absence and has confirmed his compliance with paragraphs (a) and (b) above,

the court will take into account that party’s statement of case and any other documents he has filed and served when it decides the claim.

(2) If a claimant does not –

(a) attend the hearing; and

(b) give the notice referred to in paragraph (1),

the court may strike out(GL) the claim.

(3) If –

(a) a defendant does not –

(i) attend the hearing; or

(ii) give the notice referred to in paragraph (1); and

(b) the claimant either –

(i) does attend the hearing; or

(ii) gives the notice referred to in paragraph (1),

the court may decide the claim on the basis of the evidence of the claimant alone.

(4) If neither party attends or gives the notice referred to in paragraph (1), the court may strike out the claim and any defence and counterclaim.

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27#27.9

 

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So perfect.

 

Try to phone the court today before it closes.  COVID.  Illness.  Hospitalisation.  Vulnerability.  Etc.

 

You can follow up with e-mails tomorrow and Monday.  Recently someone living abroad took this route and got a video call hearing.

 

Worst comes to the worst you send in your evidence on Tuesday with a covering letter as Andyorch explained.

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When you moved address did you advise the DVLA of the change. 

 

In your defence you can also say that 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. 

 

The first on is

the 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).

 

Yet time and again the parking companies add sums to that figure that have been described by one Minister as a "rip off"

and the Private Parking Code of Practice s9 states 9. Escalation of costs

 

The parking operator must not levy additional costs over and above the level of a parking charge or parking tariff as originally issued.

 

So even back in 2017 the charges were unlawful and on that basis the PCN should have been cancelled as an abuse of process.

 

The second point

is that most parking companies are breaking the Law by using the ANPR camera 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.

 

That should be part of your defence.

 

You could add that even now DCBL still have no idea whether they were pursuing the keeper or the driver. And of course if you do not know that there is a case against you, it is rather disingenuous to expect one to respond.

 

If it ever gets to you having to file a WS  then failing to provide the contract with the landowner is a must. A WS is insufficient.

 

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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.

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2. INTEREST AT A RATE OF 8% PER ANNUM PURSUANT TO S.69 OF THE COUNTY COURTS ACT 1984 FROM THE DATE HEREOF AT A DAILY RATEOF £0.02 UNTIL JUDGMENT OR SOONER PAYMENT.

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That is really good work.  I reckon it would get your set aside as it stands.  However, as you've produced it on a Friday and we have the whole weekend to tweak it, why not?

 

A WS has to end with a Statement of Truth.  Just before that you should refer to the draft defence and draft order.  So end with -

 

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.

 

You need to number your points in your WS the way the fleecers' solicitors have and the way you have with the draft defence.

 

It would be better if you could produce some proof of your change of address as an exhibit.  Anything to prove you moved out?  Or proof of living at a later address?  Passport stamps?

 

Personally I wouldn't bother with (6), (7) & (8) in the draft defence.  There is a lot of repetition and here you're not preparing for the court hearing to beat the fleecers claim, it is a simple hearing for a set aside where you have to show the judge (a) why you didn't defend initially and (b) that you have a realistic chance of successfully defending the claim.

 

Any update on contacting the court about your not being able to attend the hearing?

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On 20/05/2022 at 21:34, Andyorch said:

2. INTEREST AT A RATE OF 8% PER ANNUM PURSUANT TO S.69 OF THE COUNTY COURTS ACT 1984 FROM THE DATE HEREOF AT A DAILY RATEOF £0.02 UNTIL JUDGMENT OR SOONER PAYMENT.

 

Is there any argument I can add to the defence about the fact they turned £165 into £259?

 

On 20/05/2022 at 21:42, FTMDave said:

Any update on contacting the court about your not being able to attend the hearing?

 

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.

 

On 20/05/2022 at 21:42, FTMDave said:

It would be better if you could produce some proof of your change of address as an exhibit.  Anything to prove you moved out?  Or proof of living at a later address?  Passport stamps?

 

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.

 

On 20/05/2022 at 21:42, FTMDave said:

Passport stamps?

 

Yes I can also provide flight tickets and passport stamps as evidence for the 15th of November!

 

Quote

18. The Claimant then instructed my firm to issue court proceedings. A Letter of Claim was sent to the Defendant on 30/06/2021 in compliance with the Pre-Action Protocol for Debt Claims. A copy of the Letter of Claim is also exhibited at “EXHIBIT 6”.

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? 

 

Quote

As the Defendant failed to respond to the Claim Form, an application should also have been made
for relief from sanction pursuant to CPR 3.9, as set out in Redbourne Group Ltd -v- Fairgate
Development Limited [2017] EWHC 1223 (TCC). No such application has been made;

 

"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?

 

Quote

22. I also respectfully seek an Order that the Defendant do pay the Claimant’s legal costs incurred as a result of the application made on the basis of their unreasonable conduct to date. Had the Defendant responded to appeal response or Letter before Claim, these costs could have been avoided. The costs of opposing this application are £156, which is £130 + VAT for the advocate’s fee for attending the hearing.

 

Is there anything I can add about their request to add an additional £156 in legal fees?

 

.....................

 

Witness Statement 2nd Draft

 

  1. 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.

 

  1. 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

 

  1. 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

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. I attach a draft defence and also a draft of the order I would respectfully request the court to make.

 

  1. 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

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That is a cracking Witness Statement - well done.

 

That should be game, set & match.  Proof you couldn't have defended the first time and proof you have a defence now - and while you're at it, proof that you promptly applied for set aside.

 

Will answer your questions in a minute.

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3 hours ago, evilmrkipling said:

Is there any argument I can add to the defence about the fact they turned £165 into £259?

They are at least entitled to try to claim interest, although the court would be unlikely to grant it  all.  The court & legal fees are correct too.  The main issue is that they have turned £100 into £165 when this is specifically ruled out in both POFA and the new government CoP.

 

3 hours ago, evilmrkipling said:

Is 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? 

As far as I know, yes.  They did send a Letter of Claim.

 

1 hour ago, evilmrkipling said:

Do I need to a seperate application for relief? Or include something specific here in the WS?

I don't know what the fleecers are wittering on about.  Your WS with the two attachments is fine. 

 

In (5) it should be  if the claimant had checked the land registry they would have seen that the property had been sold on the 1st of October

 

You might as well spell it out in (9)  I believe I have a realistic chance of defending this claim.  I attach a draft defence and also a draft of the order I would respectfully request the court to make.

 

The only problem is your not attending court.  I think it's too late now to try to find a way round this.  Do what Andyorch says and include a covering letter saying you will not be able to attend the hearing due to being out of the country and no disrespect is intended towards the court.  It's essential you e-mail both the court and the fleecers with everything on Monday as IIRC you're supposed to give the court seven days notice of non-attendance.

 

 

 

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It is an excellent document but to be nit-picking, you might like to change  November 25th 2021 - I was served court papers at an address I was no longer living at to simply        court papers were served at an address etc as they were not actually served on you

Also in point 6  you have missed out 'when' in the second sentence. Not only was I no longer at the address              the claim forms were issued,

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Yes good points from Gick, no papers were actually served on you personally so Gick's amendment makes more sense. thereby preventing any misinterpretation as in you no longer lived there so the papers were not received by yourself, leading to a Default judgment.

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That is brilliant work, well done.

 

Regarding the defence - I'll join in the nit picking 😆  In (1 b) I think it should be Notice to Keeper, not Notice to Driver.  I think Notice to Driver is something different, i.e. a windscreen ticket.

 

In (4 c) they are allowed to increase £55 to £95 because the "real" figure is £95 and the £55 is a discounted figure for early payment.  Yes I know that's semantics but it's what the law says.  What they are not allowed to do is increase the £95, yet have done so.

 

Interesting your part about solicitor's costs.  That's not something we normally bring up, but perhaps we should do.

 

At the start you write "5.  Consumer Rights Act 2019" but underneath this section seems to be missing.

 

A tactical thought.  In a few recent set aside the cases the fleecers haven't bothered to turn up.  Presumably they know a set aside is very likely to be granted, so they might as ignore the set aside hearing and concentrate on winning the later final hearing where they might get their money.

 

But if they know you won't turn up - then they might so they can lie in your absence.

 

https://www.legislation.gov.uk/uksi/1998/3132/article/27.9/made  seems to suggest you have to inform the court of non-attendance, but not the other party (my emphasis)

 

Non-attendance of parties at a final hearing

 

27.9—(1) If a party who does not attend a final hearing—

 

(a) has given the court written notice at least 7 days before the date of the hearing that he will not attend; and

 

(b) has, in that notice, requested the court to decide the claim in his absence,

 

the court will take into account that party’s statement of case and any other documents he has filed when it decides the claim.

 

Let me check this with others who are more knowledgeable about court matters, then get back to you.

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Remember that your hearing is for set aside, and only for set aside.

 

The judge couldn't give a monkey's whether your defence is legally sound and able to beat the fleecers on every point.  That's for the judge for the final hearing much later down the line.  The judge will want to know

   - if you have a serious reason for not defending the first time around, and

   - if you have a defence.

 

That's all.  Oh, and you didn't faff around for months before applying for set aside.

 

Therefore it occurred to me that forcing motorists to queue up in shops to get vouchers to then faff around at machines to input codes, rather than just, er, allowing two hours free parking, could be construed as an unfair term under the Consumer Rights Act "notice is unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations to the detriment of the consumer".

 

To a large extent at this stage it doesn't really matter if I'm right or wrong or clutching at straws, the judge just wants to see an series of bullet point you intend to argue in your defence.

 

If you do include it I now see the Act is 2015. not 2019.

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Turns out you do need to inform the fleecers of your non-attendance.

 

So if you haven't already done it, today e-mail both the court and copy to the fleecers, with the claim number and the parties stated in the subject line, using "return receipt", with

   - Witness Statement & exhibits

   - draft defence

   - draft order

   - covering letter about non-attendance.  That might as well include the legal wording "Due to being abroad I will not be able to attend the hearing.  No disrespect is meant towards the court.  I request that you decide regarding set aside based on the papers I have submitted".

 

Yes its still applicable because if not used then the claimant may invoke CPR 27.11

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27#27.11

 

Setting judgment aside and re-hearing

27.11

 

(1) A party –

(a) who was neither present nor represented at the hearing of the claim; and

(b) who has not given written notice to the court under rule 27.9(1),

may apply for an order that a judgment under this Part shall be set aside(GL) and the claim re-heard.

 

(2) A party who applies for an order setting aside a judgment under this rule must make the application not more than 14 days after the day on which notice of the judgment was served on him.

 

(3) The court may grant an application under paragraph (2) only if the applicant –

(a) had a good reason for not attending or being represented at the hearing or giving written notice to the court under rule 27.9(1); and

(b) has a reasonable prospect of success at the hearing.

 

(4) If a judgment is set aside –

(a) the court must fix a new hearing for the claim; and

(b) the hearing may take place immediately after the hearing of the application to set the judgment aside and may be dealt with by the judge who set aside the judgment.

 

(5) A party may not apply to set aside a judgment under this rule if the court dealt with the claim without a hearing under rule 27.10.

Rules 27.12 and 27.13 are revoked.

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