CCJ from BE Legal/Excel relating to incident in 2012

Hi all, I've had another go at the first section, making a stronger case that the Claimant should have known where I live. Does this do the job? Really want to get this right, as I think the "my defence would have a reasonable chance of success" arg should be watertight given it is pre POFA and there is no keeper liability. I'd like to get this bit watertight too before sending off

1. Default Judgement
1.1. I understand that the Claimant obtained a Default Judgement against me as the Defendant in XXXX. However, this claim form has not been served at my current address and I thus was not aware of the Default Judgement XXXXXX. when I was doing a routine check on my credit file. I understand that this Claim was served at an OLD ADDRESS (XXXXXXX). However, I moved to a new address in July 2012, and then again in July 2013. In support of this I have provided confirmation from XXXXXXX County Council showing my updated details for the purposes of paying Council tax.
1.2. I have also never received any previous documentation from the Claimant in this matter and I thus was never able to properly challenge the Claimant’s claim.
1.3 The Claimant's claim relates to an incident in March 2012. I have moved twice since the incident. The Claim was served to an address which is over four years out of date.
1.4. On the XXXX I contacted Northampton County Court to find out details of the Default Judgement. The court papers contain no details of the alleged incident and I do not know what the Default Judgement relates to.
1.5. On XXXX I contacted the Claimant using information given to me by Northampton County Court. I was advised that it relates to a parking charge notice made against a vehicle for which I was the registered keeper, issued in March 2012. I have requested full paperwork relating to this incident but at present I have not received this. I have no written details of the alleged offense, or the evidence used to support the allegation, other than the summary of charges now owed, which is shown on the Court papers.
1.6. I believe the Claimant has behaved unreasonably in pursuing a claim against me without ensuring they held the Defendant’s current and correct contact details. According to publicly available information my circumstances are far from being unique. The Claimant’s persistent failure to use correct and current addresses results is an unnecessary burden for individuals and the justice system across the country. This practice was singled out for criticism in the 23rd December 2016 Ministry of Justice announcement of a crackdown on companies issuing claims using incorrect addresses (see exhibit A). Announcing the measures, Justice Minister Sir Oliver Heald stated:

"It cannot be right that people who are unaware of debts can see their lives and finances ruined by county court judgments.In the digital age, we must ensure companies pursuing unpaid debts make every reasonable effort to contact individuals, rather than simply relying on a letter to an old address."
1.7 The Claimant pursued this claim, relying simply on a letter to an old address, three months after the announcement of these measures by the government. In so doing, they have disregarded the specific and stated intent of the government and Parliament regarding the pursu
1.8 Civil Procedure Rule 6.3 requires that "Where a claimant has reason to believe that the address of the defendant referred to in entries 1, 2 or 3 in the table in paragraph (2) is an address at which the defendant no longer resides or carries on business, the claimant must take reasonable steps to ascertain the address of the defendant’s current residence or place of business (‘current address’)."
1.9 The information the Claimant used was five years old when the Claim was served. The long time elapsed and the lack of response to the claim constitute reasonable grounds to believe that the Defendant had moved. A prudent claimant should assume that lapse of time, or a failure to respond to correspondence, gives rise to a risk that the defendant has moved. The Claimant was negligent in failing to ascertain that a five year old address was still correct before attempting to use that address.
1.10 Very simple and reasonable steps would quickly have provided the Claimant with both confirmation that the address they used was no longer where the defendant resides, and the information needed to acquire a current address. Such sources of information include, but are not limited to:
1.10.1 The electoral register, where I have been listed at my current address for over four years
1.10.2. The local council, where I have been listed at my current address for payment of council tax for over four years
1.10.3 The DVLA. My current driving licence was issued on 28th August 2014, to my current address. The V5C documentation relating to the vehicle involved in this claim will confirm it was sold in February 2016. The new registered keeper is a family friend who could have either confirmed my new address or provided details of the car I bought in a part exchange deal, which is registered at my new address.
1.10.4 Internet search engines such as google. The first four links returned by a google search of "[MY NAME FIRST LINE OF MY OLD ADDRESS]" relate to me, as do the first seven searches returned by a google search of "[MY NAME MY TOWN]" and four of the first five links returned by "[MY NAME MY TOWN MY OLD CAR REGISTRATION]". Most of these links provide contact information such as email or mobile telephone.

1.11. On the basis provided above I argue that the Claimant did not fulfil their duty to use the Defendant’s current address when bringing the claim. They did not take reasonable steps to confirm that a five year old address was still my usual residence, nor did they take reasonable steps to identify my current residence, where I have lived for four years, or to identify an alternative place or alternative method whereby service might be effected.
1.12. Considering the above I was unable to defend this claim properly. I therefore believe that the Default Judgement against me was issued incorrectly and should be set aside.

Thanks! I will amend that statement to complete the sentence

Yes, I am going to submit a sample defence as an exhibit, as Johnsersh suggested - happy to share for comments if this is useful.

Couple of small queries regarding getting this sent off:
1. How long do I have? I know time is of the essence with this. I'm hoping to get it sent off this week (so will go off within a week of my hearing about the CCJ). But I might like to get some legally minded friends/colleagues to check it all. Could I take a little longer?
2. Not sure what to put on a couple of the N244 questions -
Q3 - "What order are you asking the court to make and why?" Do I just put "Set judgement aside - defendant had no knowledge and no opportunity to defend" Or should I also say that I am asking for the case to be dismissed (as I say that in the WS)
Q9 - who should be served with this application (& 9a - service address) - is this BW Legal? Excel? Or both?
3. I have been a little confused about what I need to prove to get this set aside. Initially I thought I need to prove BOTH that I had no knowledge of it due to old address AND that I have a reasonable chance to defend it successfully. But some of the cases I've been reading suggest that EITHER grounds is sufficient on its own. Is it both or either?