CCJ - DCBL - Set aside?

Treadingwater18

Hi all,


I'd appreciate any help or advice you can give!


I have been forwarded a Notice of Debt Recovery from my previous address (by ex-partner) around 2 weeks ago. The notice is from DCBL and quotes a CCJ number!
The Notice of Debt is dated 18/09/18 and I've found out that a CCJ 'judgement in default' was issued 01/08/18 - I guess because I didn't defend a CCJ I didn't know about. I'm trying to sort it out asap and I've been looking into a 'set aside' but am not sure how to present it on the N244 form/ format for witness statement and how much detail is required - hence my visit to the forum.


The alleged debt is from Gladstone Solicitors/Parking Control Management - so I'm guessing it's for a parking fine. PCM seem to be a private parking company.


I'm very worried about the CCJ part (as well as the cost) £267.15 'in relation to the CCJ' plus a further £75.00 + vat 'admin' from DCBL.
I emailed DCBL explaining I've only just been made aware and had no response and I'm reluctant to call them at this stage.
As I say, I have started looking in to a 'set aside' to remove the CCJ. And deal with the parking fine afterwards if need be.
The reason I moved from the registered address back in Sept/October 2017 - was to move back to my parent's house to help care for my mother who was very sick and underwent intensive treatment for 8-9months. During that time my relationship broke down with my partner & I'm still at the parents now - however my car is still registered to the old address because there was so much going on I forgot to do it.
Also, I don't have any bills registered in my name at my parents - because it's their house. However I do have bank statements.


There are hospital records for my mothers treatment etc - should that be included with my case on the N244 form?
And do you think I have a case for a 'set aside'?


My ex and I are now discussing selling the house (previous address) which would mean me applying for a mortgage for a new home -and a CCJ might affect that. The CCJ seems very excessive and very unfair. It's all a bit of a mess at the moment to be honest - and an over-zealous debt collector/bailiff is the last thing I need..


Yours hopefully, J
PS I hope I've posted this in the right place.. 1st post

onlyfoolsandparking

You have posted in the right place and you certainly have grounds for a set-aside imo.


The set aside fee is £255 OR you could ask the PPC for a 'set aside with consent' which I believe is £100 (others will be able to clarify), this would entail you settling the 'DEBT' which at approx. £350 is a ripoff!!! but at least a solution (typical no morals scammer adding unlawful £75 admin???? charge)


There are a few choices you have got and as I said others will advise better than me, set-asides are not my area of expertise.

onlyfoolsandparking

Just noticed your duplicate thread, you don't need 2 threads, just stick to posting on this one and delete your other, makes it easier for posters replying to you.

Treadingwater18

That's great - thanks for the reply. I need to get as much info as I can to choose the best path! I'm leaning towards a set aside if possible.
Newbie duplicating! I'll delete the other.
Thanks

nosferatu1001

Well the only way to repair your creidt is a set aside
You just have to choose:
1 - contested - where you have a VALID reason why you did not respond to the court claim. Costs £255, can be refused, we have good success howveer
2- unconteste d- you pay £100 PLUS pay the CCJ in full, get the CONSENT of the creditor, and apply. Should be rubberstamped by the courts. Not g'teed but again, good success
you must have completd this witihn, realistically, 21 days of finding out about the CCJ
Now is NOT the time to prevaricate.

onlyfoolsandparking

Great, whatever works for you, as I said others will know more than me in how to apply for the set-aside and what procedures to follow.


Anybody who chooses to fightback against the scammers has my respect, just have a good long read on here to help you avoid asking questions that already have a 1000 answers, there are posts on here regarding set-asides.

The_Deep

Can DCBL charge for their time as this is not a High Court writ?
What happens if the judgement is et aside, who pays DCBL?

Treadingwater18

Hi all,

I've spent a lot of time reading through threads - so as not to ask (too many) repeated questions.
And the more I think about it - the more completely over the top the charges and a CCJ are.
So, I think I'm going for the Set aside (fee £250). My only weakness is - and I do concede - that I didn't change my registered keep documents on the car - but I completely forgot about it due to the amount that we/family have been going through. (And partly because for some time thought that my previous relationship would survive/move back.. violins.. etc..)


I've used Saggi's statement as a loose basis for my N244 statement below. Any suggestions before I send it off would be hugely appreciated!?


………………..


Please accept this document as my statement in support of my application dated 09/10/2018 to:



· Set aside the Default Judgement dated 01st August 2018 as I was not aware of the claim.
· Dismissal of the original claim.

1. Default Judgement
1.1. I understand that the Claimant has been granted a Default Judgement against me as the Defendant in August 2018. However, this claim form has not been served at my current address.
I was not aware of the Default Judgement until 26th September 2018 when a letter from a debt recovery agent quoting a CCJ number was forwarded to me from my previous address by my ex-partner.


I moved to a new address, my parent’s home in September/October 2017 to provide care and support to my parents - in particular - my mother who was seriously ill and was having ongoing intensive treatment. For various reasons I have remained living at this address since.

1.2. I have not received any previous documentation from the Claimant in this matter and so was not able to challenge the Claimant’s claim.

1.3. After learning of the ‘notice of debt recovery’ which quoted a CCJ No. I carried out some research online and once I gathered an understanding of the situation & process required to obtain details of the CCJ & alleged contravention - I contacted Northampton County Court on 09/10/18. The description was emailed to me and it makes brief reference to a parking charge dated 14/09/17 quoting an incomplete address.

1.4. Upon receiving the 'notice of debt recovery' on 26/09/18 I contacted the Claimant via the ‘contact us’ section of their website detailing the situation, informing them that I have just been made aware of their letter dated 18/09/18. I provided my email address and telephone number and asked them to contact me urgently to discuss, I have a copy of the message. I have had no acknowledgement or response to date. This means as the Defendant, I still do not have any substantial details of the incident the Claimant alleges has taken place, other than the brief description & summary of charges now owed, which was emailed to me by Northampton County Court.

1.5. Considering the above I was unable to defend this claim. I thus believe that the Default Judgement against me was issued unfairly and incorrectly and thus should be set aside. Additionally, I believe that the Claimant applying for a CCJ for an alleged parking charge is excessive when considering the after effects on an otherwise immaculate credit rating.

2. Order dismissing the Claim

2.1. I further believe that the original Claim by the Claimant has no merit and should thus be dismissed. I now understand that the Claimant is a Parking Company which seeks to claim for “Parking Charge Notices” which the Claimant believes are due as a result of an alleged breach of contract for parking by a motorist.

2.2. If the Claimant has obtained details of the vehicle for which the Defendant is the Registered Keeper, and used those details to make a claim for a “Parking Charge Notice’’, I would dispute the claim in its entirety as I have no knowledge of the wording of the contract nor do I know the method by which the contract was alleged to come into force.

2.3. I further submit that the Claimant’s claim is without merit due to substantial issues in law. This is for the following main reasons:
2.3.1. Lack of Standing by Claimant: The Claimant is unlikely to be the landowner of the car park in question, and will have no proprietary interest in it. This means that the Claimant, as a matter of law, will have no locus standi to litigate in their own name. Any consideration will have been provided by the landholder, and only they would have been able sue for any damages or trespass.




2.3.2. No Loss Suffered by Claimant: Their claim is presumably based on damages for alleged breach of contract. I submit that no loss has been suffered by the Claimant as a result of any alleged breaches of contract on the part of any motorist of the vehicle of which I am the Registered Keeper. I further submit that any loss to the landholder (which would be the only party able to claim such losses) would be at most a few pounds.
2.3.3. The claimed charge is an Unenforceable Penalty: I further submit that the Parking Charge that the Claimant claimed, given it is not based on any loss suffered due to the alleged breach, is an unenforceable penalty.




2.4. On this basis I believe that the Claimant has not provided any reasonable cause of action and thus the claim should be dismissed in its entirety.

2.5. In order to make informed decisions and statements in my defence as keeper of the vehicle, I will require copies of all paperwork and pictures of all signs from the Claimant.

Statement of Truth:
I believe that the facts stated in this Witness Statement are true.

System

Why not read what a judge has said about these and how to approach them

https://forums.moneysavingexpert.com/discussion/comment/74864199#Comment_74864199

He, however, pointed out clearly that I need to focus on 'my' case and not the generic arguments I may have picked up from the internet, especially citing the point about 'landowner authority' as he said its obvious they won't be having it. To me that was confusing, as that a legal requirement and there are several POPLA references in this forum where this has been used as a valid argument for the appeal. Anyways, he repeatedly asked me to just focus on the points about my case and not such generic arguments. I had the following arguments in my Skeleton Arguments for order dismissal, so need to work out which ones to focus one, I think, reading from my WS, he wants me to focus on other points, like POFA non-compliance etc
. a. Claimant failed to meet the Notice to Keeper obligations of Schedule 4 of the Protection of Freedoms Act 2012 (POFA 2012)
. b. Lack of adequate notice of the parking charge on clear signage, as acknowledged by the Supreme Court in the Parking Eye vs Beavis case
. c. Unrecoverable sums to the original parking charge, in contravention to the BPA Code of Practice and established legal precedents
. d. Claimant has no evidence of landowner authority or a legal contract, in contravention to the BPA Code of Practice
. e. Illegal signage at alleged site from Claimant, no planning permissions for usage of ANPR and signboards

It's unusual for a judge to coach a defendant but they are getting a bit fed up of templates when these are actually very simple legally.

Treadingwater18

Thank you for this - much appreciated.
The main aim is to get the set aside.
I have tried to make it more specific to my case now - for dismissal of claim. The key area for a potential hearing/defence/dismissal of the claim (considering I haven't seen the actual details) I have worded like this:


2.5. In order to make informed decisions and statements in my defence as keeper of the vehicle, I will require copies pictures of the alleged offence, all signs and road markings from the Claimant. As a law abiding citizen and registered keeper I exercise reasonable diligence when parking. If an alleged parking offence occurred I would strongly suggest that the Claimant’s signs and road markings were not adequate or clearly visible.


And kept:




2.3. No Loss Suffered by Claimant: Their claim is presumably based on damages for alleged breach of contract. I submit that no loss has been suffered by the Claimant as a result of any alleged breaches of contract on the part of any motorist of the vehicle of which I am the Registered Keeper. I further submit that any loss to the landholder (which would be the only party able to claim such losses) would be at most a few pounds.



2.3.1 The claimed charge is an Unenforceable Penalty: I further submit that the Parking Charge that the Claimant claimed, given it is not based on any loss suffered due to the alleged breach, is an unenforceable penalty.


Overall, I've scaled it down.


I'm planning to send it off today. If there's anything else obvious I have missed - please do let me know!
Thanks for taking the time to read it and your help so far everyone.

KeithP

Have you seen how others have approached this?

For example, this poster, and many others, have also provided a six point Draft Order to help the Judge:

forums.moneysavingexpert.com/showthread.php?p=74830861#post74830861

You will see that one of those points is to halt any enforcement of the current Judgment. Quite important that.