UKPC/DCB(Legal) 11+PCNs for privately owned van used for my Ltd Co. - PAPLOC for 5, gained Default Judgement!! - Parkhorse Shopping Centre, Church St, Hudds, HD1 2RT **SET ASIDE+CLAIM DISMISSED**

[FTMDave]

Two quick things.

 

The "unloading is not parking" case to quote is Jopson v Homeguard.

 

Also the last two sections of your proposed defence should be:

 

The dispute between the two parties regards 11 invoices for £100, so £1100.  The Claimant has added an extra £60 to each invoice, so an extra £660, although this is expressly forbidden by Schedule 4 of the Protection of Freedoms Act 2012.  This is an abuse of the court process.

 

It is unreasonable for the Claimant to delay litigation for nearly five years and so add a further £750 (approximately) as interest.  No judge would allow so much interest.

[brassnecked]

The Jopson v Homeguard is extremely important its crucial

[mrk1]

Can you just explain this,

the first past have me believe they can't do anything, like try to seize goods or my car but then the last bit about 14 days before they apply for a warrant.

 

Can they or can't they seize my goods with a civil consumer ccj? Inc my car.

[dx100uk]

slow down...

 

there is no right of forced entry...end of.

so no if you ignore them, dont let them in ...no chance.

 

there is a risk to anything like a car , yes, but they cant apply for such a warrant to a court to instruct bailiffs before 14 days.

but ofcourse its not worth the sum, so it can only be used as leverage like clamping it, to make you pay the whole sum.

 

you wont be going thru/doing any of that

and your N244 will null all that anyway.

they dont operate fast.

 

4 hours ago, mrk1 said:

I read about "the 11 words' to use with bailiff, something like "“Please cease and desist all calls and contact with me, immediately.” - Is this true or just folklore?

 

total freeman of the land twaddle...drop all that now.

 

 

[mrk1]

Just reading Jopson v Homeguard now - This could be me! 

 

"" Laura Jopson, 29, of Trevithick Court, Wolverton Park Road, Milton Keynes had her fine dropped and received £2000 in costs in a ruling by Oxford County Court.""

 

Where should I place my claimform/defence what I have written?

 

 

James Couzens says: “My advice for any tenants who find themselves doing battle with a private parking firm is to read the terms of the lease that relate to parking and rights of way.”

 

How does Jopson v Homeguard  fit into my situation?

 

 

[brassnecked]

You were a tenant irrespective of the fleecer's Parking T &C's you were unloading goods for your business  therefore are permitted a reasonable time to do so, you were not parked as in leaving a vehicle there to go off away somewhere, as Jopson was stopped to unload as bulky item as was not feasible from an allocated parking space the stop was temporary for the duration of the movement of the goods.

[dx100uk]

just type please stop hitting quote!!

 

you are not using a claimform but an n244

you put your defence on the form.

 

best idea is to now go away for a few hours and fillout a test copy of the n244, then post it up here later.

you keep posting every 5 mins with ideas and questions.

wait till you have lots of questions and post once or twice a day

stops you getting distracted by answering posts

 

dx

 

 

 

[mrk1]

Sounds EXACTLY like my situation.

 

So as the law states, and the law was given in favour of JOPSON, any judge who follows the book will have to grant me a win here, because the cases are indentical....?

 

I have wrote out the witness statement as per post 298 by FTMDAVE.

 

Just add that to the N244?

 

I can't open form n244.. Getting error..

 

http://formfinder.hmctsformfinder.justice.gov.uk/n244-eng.pdf

"Hmm. We’re having trouble finding that site.

We can’t connect to the server at formfinder.hmctsformfinder.justice.gov.uk.

If you entered the right address, you can:

    Try again later
    Check your network connection
    Check that Firefox has permission to access the web (you might be connected but behind a firewall)"

 

 

Edited April 18, 2023 by mrk1

[honeybee13]

If it's the link FTMDave posted this morning, it worked for me earlier.

 

HB

[mrk1]

Not working on any of the previous posts, I have a pdf n244 in my email, shall I just use this?

 

The thing I have written out as per post 298, CLAIM FORM and DEFENCE, it just goes in the n244 yes?

[dx100uk]

yes but post the form up here for checking

 

lets get it right!

 

 

[mrk1]

Shall I upload both witness statement and n244 here?

I feel like I am giving personal info across and something which could effect my case, if the dirty fleecers are looking??

[dx100uk]

both WS's?

 

you only need a short statement for the initial N244 hearing its 15mins only just to check your set aside has legs

the rest is for the full hearing.

 

 

[mrk1]

Sorry, both was a typo. I meant both as in 1. WS and 2. N244.

 

Shall I upload WS and n244 here? I just feel I am exposing my case to fleecers, if upload both here let me know

[dx100uk]

Doesn't matter.

 

There is never any worth in hiding .

 

Once court is involved they'll get a copy anyway!!

 

Dx

[mrk1]

True.

 

Here is my W.S.

 

CLAIM FORM

In regard to claim number —---- OR reference —----

 

I want to explain here and hopefully sincerely prove I did not receive the claim form which was posted on the 16th March 2023. . 

 

I first received a letter to my address from DCBL acting on behalf of UKPC around late December 2022 informing me of three or four parking invoices and they were requesting payment immediately.

 

I corresponded to all of their letters within good time and in detail., to explain the mistake that had ben made. There may have been 3 or 4 letters posted each way to and from each other. I was even courteous to correct and inform DCBL of their errors in regard to the incorrect counting of PCN and what they totalled (they were under by some £800).

 

From the very beginning I have not feared anything because I was legally under tenancy agreement allowed to load and unload a vehicle in the shopping centre car park for a as I was a paying tenant of a shop premises there with a tenancy agreement. I have tried to explain this to all parties involved, of our allowed times to load and unload but to no avail. I was even proactive in obtaining SAR (subject access request), I was very much following procedure and protocol.

 

Had I received the claim form I would have acted promptly and accordingly, being organised and methodical, in my nature, responding to the claim form would have been not only easy but essential. But I did not receive a claim form.

 

To my shock, I received a judgement for the claimant in the post. I feel let down as I have not had a chance to defend myself in the proper manner that this land promises us and that I have followed each stage accordingly. At every turn and hurdle I have acted fast and promptly, I would certainly not just give up at the very last hurdle, considering how much effort I have put into defending my innocence. The very fact it has gotten this far (as I was by agreement allowed to load and unload) just lets me down. 

 

DEFENCE

This claim is now nearly six years old.

It dates back to 2018, the time I was a paying tenant of a used clothing store in a declining shopping centre in Huddersfield (Packhorse Centre). I mention ‘declining’ because that place needed every ounce of blood and sweat to keep it alive, from all the tenants and shoppers alike. However, had I been a regular shopper and decided to park (not load or unload) in one of the spaces, I would have accepted responsibility. Most of the tenants including myself were struggling financially, there was no footfall, but we persisted.

 

But as I have mentioned, I was a paying tenant of that shopping centre, and was by agreement, allowed to have vehicles loading and unloading stock. The shop was what you would call a ‘one man band’ and it was run by me only.

 

I am unsure why the claimant has taken six years to start proceedings? As this now dates back some six years, I am unsure of the actual drivers on the dates the PCNs state. I had friends who would help me out collecting stock and delivering it, and unloading in the basement. Using my vehicle of course, because it was a van, and had space to accommodate bags and boxes of clothing.

 

I would have to lock the shop for 15 minutes a time to help unload the stock (during the day). After unloading, which was usually 15 minutes, the vehicle would then be parked at a friend's house on private grounds a 10 minute walk from the shop in the Highfield area of Huddersfield. This was not an everyday occurrence, new stock would come in on average every week. Sometimes I would come very early in the morning (at 7am  - and finished loading maybe for 7.30am and I was parked at a friends private parking 10 minutes later) and unload,

 

during this time I needed to park the vehicle, then walk 5 minutes out of the car park, around the premises, into my shop which was in the middle, then open up, lights on, alarms, and then proceed back down to the basement level, then unload 10 to 15 large 20kg sacks of used clothing.

 

Sometimes a friend would need to help me occasionally and collect during the day, and the same issues arose as just mentioned. I was the only one who could run the shop floor so I could not close up and nip out to collect. As it has now been six years I am unsure who was driving on these occasions as I was helped by friends

 

The dispute between the two parties regards 11 invoices for £100, so £1100. The Claimant has added an extra £60 to each invoice, so an extra £660, although this is expressly forbidden by Schedule 4 of the Protection of Freedoms Act 2012. This is an abuse of the court process. It is unreasonable for the Claimant to delay litigation for nearly six years and so add a further £750 (approximately) as interest. No judge would allow so much interest or abuse of the system.

 

- NEED TO INSERT LFI’s POFA INFO HERE?

- ALSO NEED TO ADD UKPC HAD NO PLANNING PERMISSION FOR THE SIGNS THERE.

- JOPSON V HOMEGUARD?

- WHERE DO I ADD IN I WANT COMPENSATION FOR DAMAGES

 

 

Here is th n244.. most of info redacted. How does it look?

N244.pdf

Edited April 18, 2023 by mrk1
FORMATING

[FTMDave]

On it.

 

Give me a mo, I've just knocked off work.

[FTMDave]

In the xxxxx Court

 

BETWEEN                                     xxxxx (Claimant)

                      

                                                                   AND

 

                                                       xxxxx (Defendant)

                                      

Witness Statement of xxxxx

 

CLAIM FORM

 

1.  In regard to claim number XXXXX.

 

2.  I want to explain here and hopefully sincerely prove I did not receive the claim form which was posted on the 16th March 2023. . 

 

3.  I first received a letter to my address from DCBL acting on behalf of UKPC around late December 2022 informing me of three or four parking invoices and they were requesting payment immediately. I corresponded to all of their letters within good time and in detail, to explain the mistake that had been made. There may have been 3 or 4 letters posted each way to and from each other. I was even courteous to correct and inform DCBL of their errors in regard to the incorrect counting of PCNs and what they totalled (they were under by some £800). From the very beginning I have not feared anything because I was legally under tenancy agreement allowed to load and unload a vehicle in the shopping centre car park as I was a paying tenant of a shop premises there with a tenancy agreement. I have tried to explain this to all parties involved, of our allowed times to load and unload but to no avail (Exhibit 1).

 

4.  I was even proactive in obtaining SAR (subject access request), I was very much following procedure and protocol (Exhibit 2).

 

5.  Had I received the claim form I would have acted promptly and accordingly, being organised and methodical, in my nature, responding to the claim form would have been not only easy but essential. But I did not receive a claim form. To my shock, I received a judgement for the claimant in the post. I feel let down as I have not had a chance to defend myself in the proper manner that this land promises us and that I have followed each stage accordingly. At every turn and hurdle I have acted fast and promptly, I would certainly not just give up at the very last hurdle.

 

6.  I would therefore request that the Court set aside judgment.  I attach a draft order.

PROPOSED DEFENCE

 

7.  This claim is now nearly six years old. It dates back to 2018, the time I was running a used store in a shopping centre in Huddersfield (Packhorse Centre).  I was a paying tenant of that shopping centre, and was by agreement, allowed to have vehicles loading and unloading stock.

 

8.  Loading is not parking as established in Jopson v Homeguard.

 

9.  I did not usually drive the vehicle.  The Claimant has not established keeper liability under Schedule 4 of the Protection of Freedoms Act 2012.

 

10.  I have checked with XXXXX Council and the Claimant has not obtained planning permission for their signs.  This is a criminal offence and no contract can be formed where criminality is concerned.

 

11.  The Claimant is not the landowner and I do not believe has locus standi to bring this claim.

 

12.  The dispute between the two parties regards 11 invoices for £100, so £1100. The Claimant has added an extra £60 to each invoice, so an extra £660, although this is expressly forbidden by Schedule 4 of the Protection of Freedoms Act 2012. This is an abuse of the court process.

 

13.  It is also unreasonable for the Claimant to delay litigation for nearly five years and so add a further £750 (approximately) as interest. No judge would allow so much interest or abuse of the system.

 

Statement Of Truth:

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.

Edited April 18, 2023 by FTMDave
Typo

[mrk1]

Ok I like the spacing out and numbered section. 
Exhibit 1 might be tricky as I was never able to locate that tenancy and both old management and nee management companies were unable to help me locate it. 
 

Obviously the last bullet points won’t be included. But the POFA and JOPSOM info seem important. 
 

Thanks you for your time. It’s really appreciated. 
Shall I wait for tomorrow. As someone stated we have a few weeks?

[FTMDave]

Hang on - it's nowhere near finished yet.

Edited April 18, 2023 by FTMDave
Typo

[mrk1]

No rush. It’s late. I really appreciate your time

[FTMDave]

OK, the WS is more or less finished.

 

Things to do

   - Prepare an Exhibit 1 with all your correspondence with the fleecers save the SAR

   - Prepare an Exhibit 2 with the SAR request and answer

   - Insert the name of the council in (10)

   - Prepare what is below as a separate document.  it's a draft of the order you would like the court to make.  So change (4) in the N244 to "Yes".

 

 

######### Draft order######

 

Between

 

Claimant xxxxxxxx

 

-and-

 

Defendant xxxxxxx

 

Draft Order

 

It is respectfully requested the that the Judgment 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 a side and the defendant be allowed to defend the claim

Costs in this application

 

 

Signed 

 

Dated.

 

 

[mrk1]

Thanks. Ill get on this tomorrow morning. 
I need a ask a few questions tho. 
But tomorrow is fine. 
I have correspondence but some of it has ink all over it. Not ideal. Where I redacted. Can I just use original for my set aside or do I need to use copies. As everything is emailed isn’t it. So it needs to be a pdf attachment? 
 

And This last draft order. Is this a separate piece pdf doc I email in ? 

[dx100uk]

as YOU are making a set aside application on a default judgement entered against you.....

unless i'm losing it, you dont send any exhibits with a set aside application??

 

it is simply a short statement outlying why it should be set aside.

 

why you did not get the claimform.?

why you, by these reasons, stand a reasonable chance of defending the original claim.

 

everything else is for later when, if you succeed,  there will be a full hearing and an exchanged of full witness statements with exhibits......

 

most initial set aside hearing are only 15mins to see if you meet the criteria??

 

dx

 

[lookinforinfo]

Once they have the warrant they can come to your house. What you must not do is to let them in . Once they get in and they may try and use force which they are not supposed to do but they will deny they have used force  if they do get in. Once they are in they are then legally able to search your house and take such goods that they think will raise sufficient money to pay off the CCJ and their fees.

 

Ideally you want to be able to get the bailiff stopped from getting the warrant. Because you are going to get a set aside. The whole point of the set aside is for you to be able to put your side of the story to the Court. Hopefully you will get the set aside and then have the charges against you cancelled. So you don't owe any money to UKPC , DCBL or the Court.  And so the bailiffs never get involved. But it does mean that you must get the set aside regardless of the cost.  A set aside will cost less than £300 while you are looking at well over £2000 once the bailiffs get involved.

 

Have you checked yet to see if your situation means that you won't need to pay for the set aside.?

 

Since that letter that they sent you at post 195 are you absolutely certain that you received no further correspondence from UKPC  or their legal team?

Please treat this as serious. 

Bailiffs can take what ever possessions they can to collect the amount ordered by the Court. Even if they cannot gain access to your property they will take your car and garage it somewhere charging you for its storage as well as things like freezing your bank account and trying to take possession of any business equipment you may have. Whilst some of this may be illegal it will take some time for them to release it back to you and it will not result in the amount of the CCJ being reduced.

 

You are now up against the State and no amount of belligerence on your part will cut any ice with them. A Court order has been issued and it will be the job of bailiffs to collect it  and they will have the full backing of the Law to do so

 

I am not saying that to frighten you but to explain the position you are in.  The set aside is vital as is stopping the bailiffs  from obtaining the warrant.

 

To answer your questions about bailiffs. They can enter your property if the door is unlocked. They can impound your car and the goods inside. They can legally ignore any notices you put up about ceasing and desisting as they have the power of the Courts behind them.