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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

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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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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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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It's all been emailed in now to the court and to the claimant. The claimant has agreed to a telephone hearing so hopefully the court will accept and it will be interesting to see what happens at the hearing. 

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i was able to have the hearing today over the phone, to my surprise the claimant actually attended the court physically.

I was able to hear the judge clear enough but I was not able to hear what the claimant was saying at all. I expressed this to the judge and she said that the claimant was repeating what was said in the witness statement already.

 

The judge accepted that I was not in receipt of the court papers as I was clearly out of the country at the time. However she rejected my defence of the claim and on that basis rejected the motion to set aside.

 

The judge went through each of my arguments for defence and disregarded each item as not being a valid defence.

  1. Disregard for Schedule 4 of the Protection of Freedoms Act 2012

The judge stated that the time period is 28 days that the initial PCN was dated in 27 days

 

  1. The claimant has no standing to bring a case

The judge stated that the claimant had shown that they had the permissions to act on behalf of the land owner.

 

  1. No public record of planning permission being granted for the site to be used as a parking business 

The judge stated that the claimant does not need planning permission to operate as a parking business. I refuted this that they did indeed need planning permission to install ANPR cameras and advertising signage but the judge believed the claimant. I'm ......

 

  1. Escalation of costs

 

       5.Unfair Practice

I'm not sure what was said on these last two points but the judge concluded that I had no viable defence.

 

In the end I was not able to set this aside and the judgement by default stands. I expressed that I did not think it was fair that my credit file be ruined for the next six years and the judge said I had two options, either to file an appeal or to have the claimant agree to an order to set the claim aside.

 

It seemed to me that the claimant was relying on a new witness statement produced after my own that countered all my points. I have not seen this new witness statement not was I even able to hear the claimant at all on the call. Is it possible to request this from the court along with the recording of the call? This may give me grounds for an appeal.

 

Or shall I just admit defeat and offer to pay on the basis that they agree to having the claim set aside.

 

More to the point the claimant Cleary lied stating that they do not need planning permission to operate as the ANPR cameras they rely on Cleary need planning permission,

 

if the ANPR camera was installed on a pole and not the building they need planning permission which has not been granted as I checked the public record.

 

I can get Manchester council to comment on this given time for them to respond.

 

I was in shock that the judge just took the claimants word on this when he lied and stated "they did not need planning permission"

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I had the WS statement that I attached here 1st draft but I suspect that the person who attended the hearing submitted another WS draft that I haven't seen before that rebutted my defence.

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I wasn't able to hear anything the claimant was saying at all, I informed the judge of such.

I wasn't sure what statement the claimant was reliant on.

 

I presume it had to be supplied to the court in advance and I can request the documents that have been supplied?

 

3 hours ago, Andyorch said:

And what would be the point as she had already found in their favor on the same points ?  Im sure she wasnt referring to credit cleansing...surely not.  :classic_huh:

 

I specifically mentioned the damage to my credit file when I was given the two options.

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There is no public record of planning permission being granted for the site to be used as parking 

  1. I refer to Exhibit D which shows the public planning permission records for the address in question 100 Great Ancoats St, Manchester M4 6DE. 15 planning applications can be seen but there is no evidence of planning permission for the site being granted for parking signage nor for ANPR cameras.
  2. On the basis of the lack of planning permissions it is believed that this site is being operated by Highview Parking Limited illegally as a parking business without the required planning permissions.
  3. The claim is for breach of contract. However, it is denied any contract existed. The Claimant states, in their Particulars of Claim, “The vehicle was parked in breach of the terms on CS signs (the contract)”. The necessary elements of offer and acceptance to form a contract were not present. Even if they were, the claimant is relying on signage that has been installed without the correct permissions being obtained in the first instance making them null and void.
  4. The signage can not possibly offer a contract with the motorist under the circumstances that the lack of permissions for the signage and ANPR cameras means they simply should not have been installed on site in the first place.
  5. The claimant is put to strict proof that they have the correct permissions from Manchester City Council.
     
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Sorry if I was curt in my earlier response, I was just copy and pasting that part of my defence for you to double check it. Everyone here has been great and I would truly like to thank everyone for all the fast responses and help I've received on the forum. I have no issues at all in tearing this apart if it will help others in the future who find themselves in similar situations. 

 

The judge opened by asking me directly if I was the driver at the time and I confirmed that I was the registered keeper and that anyone could have been driving the car. I don't think she liked it much that I did not declare who the driver was.

 

Another thing the judge mentioned is that normally somebody would defend on the basis of their own personal circumstances and not try to bring the entire ability of the parking operator into question. Maybe she just thought I was being a bit of a smart arse here and didn't like that much either!

 

The fact that I was not able to attend in person and that I couldn't hear anything the claimant was saying on the phone didn't help much. I'm sure they relied on an updated WS that if I was actually there with my own paperwork I could have seen with my own eyes.

 

The day of the hearing I had a power cut and had to go sit in the car in order to charge my phone and when the court called it cut off my internet on my phone to be able to take the call, so I had no paperwork in front of me, no internet to see any of my own files and I had no idea what the claimant was saying. It's fair to say I was a bit flustered and was relying on the fact the judge had in front of her the paperwork I had sent in.

 

I did try to bring up the fact that I had only submitted a draft defence and that I would submit a more detailed one later but the judge was having none of it and stated that the defence was lengthy. So maybe there is something to be said there for more basic draft defences in future. 

 

 

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  • 1 month later...

I did mention to the judge that I had not yet filled a sufficient defence and that it was still in a draft form

 

she remarked that the defence looked lengthy to her and that she would continue. You might just be on to something about keeping it brief for set aside hearings. 

 

I don't know what my next step is, I now have this CCJ on my credit file that has been confirmed at a set aside hearing.

 

It is well over the 30 days for payment for it to drop off my credit file when paid. I don't want to pay them and then still be stuck with a CCJ for the next 6 years.

 

How do I get them to agree to set aside the claim? Is it a Tomlin order?

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I remember at the end of the hearing I expressed to the Judge that I did not think it was fair that my credit file be ruined for the next six years and the judge said I had two options, either to file an appeal or to have the claimant agree to an order to set the claim aside. 

 

I just don't know how exactly to setup the claimants agreement to set aside the claim nor how to present this to the court.

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Surely their ultimate goal is to extract money out of me and on that basis I can negotiate with the claimant to send payment on the grounds they will agree to set aside the CCJ.

 

I just don't know how to format it for the court so that the CCJ is actually wiped. after I've sent payment.

 

 

WWW.MASONBULLOCK.CO.UK

Do you need to have a county court default judgment set aside? Learn how you can do this without a court hearing. Obtain the consent of the claimant.

 

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