CCJ at previous address?

bigdavecox90

nosferatu1001 wrote: »

You just point out that you attempted to resolve this, there was no notification to tell you that registration was needed, etc.

Thanks so much, I'll aim to put this all in place and will paste the whole thing for review once done if ok.

Thanks all again!

bigdavecox90

Hi all, thank you for your continued patience in this matter. So my understanding is that I need to send the relevant form (N244?) along with £255.00 and submitting the following?

Please confirm/advise if I need to change/adjust any of this;

DRAFT ORDER

IN THE COUNTY COURT AT: xxxxxx

CIVIL ENFORCEMENT LIMITED (Claimant)

And

XXXX (Defendant)

CLAIM No:**********

IT IS ORDERED that:

1. The default judgment dated XX/XX/2018 be set aside.

2. Costs to be reserved.

3. Unless the Claimant serves a copy of the claim form on the Defendant by 4pm on XX/XX/19 paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £255 and the claim shall be struck out.

4. If the Claimant serves the claim form as directed in paragraph 3 the Defendant shall file and serve a defence by 4pm on XX/XX/2019.

5. Should the Claimant discontinue the Claim after the CCJ is set aside, paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £255 plus the Defendant's costs for attending the hearing.

6. All enforcement be put on hold pending the outcome of the application.

WITNESS STATEMENT

7. I am XXXX and I am the defendant in this matter. This is my supporting statement to my application dated XX August 2019 requesting to:

a. Set aside the default judgment dated XX November 2017 as it was defectively served using an old address.

b. Order for the claimant to pay the defendant £255 as reimbursement for the set aside fee.

c. Order for the original claim to be dismissed.

DEFAULT JUDGMENT

8. I understand that the claimant, Civil Enforcement Limited (CEL) obtained a default judgment against me on XX November 2017. However, it was not served at my current address, therefore I was not aware of the county court judgment until 9 January 2019, when checking my credit file. I have received no correspondence from the Claimant to inform me of the default. Upon making contact with the Claimant, I understand that this claim was served at a previous address – XXXX. I moved to a new address in May 2017 and in support of this can provide confirmation from xxxx County Council, showing my updated details for the purpose of paying Council Tax.


9. I made contact with Northampton County Court on 10 January 2019 to understand the detail surrounding the Default Judgment. I was advised that the incident was relating to a Parking Charge Notice (PCN), issued by the Claimant in October 2016 when attending an appointment at my local doctor’s surgery. Upon receipt of this Parking Charge Notice (PCN), I attempted to contact the Claimant on several occasions via the telephone, however all systems were automated, not allowing me to speak to an advisor. I proceeded to send the enclosed email dated XXXX. I was attempting to resolve the issue, however upon calling this automated service, a fee of £100.00 was being requested and not the original reduced fee of £60.00 for paying within a set timeframe. I kept my emails to prove that I attempted to pay the PCN and heard no more from the Claimant. Having researched the Claimant, I can however see that many other individuals have encountered the same issue by not being able to speak with the Claimant directly.

10. I have never received any correspondence following the above and at no point prior to my call to them on XX June 2018 did I have any contact with the claimant. I was therefore never able to challenge the original charge nor the judgment.

11. I believe the claimant has behaved unreasonably by not ensuring they used my correct contact details. According to publicly available information, my circumstances are far from being unique – my details being on the Electoral Role for example. The Claimants persistent failure to use correct and current addresses results in an unnecessary burden for individuals and the justice system across the country.

12. I suggest the Claimant did not make reasonable enquiries as to my address at the time before pursuing the court order, especially considering they had good reason to believe they did not hold my current contact details. Furthermore, considering they received no response from me to their correspondence this should have been a clear indication of the obsolescence of the address – XXXX.

14. Considering the above I was unable to defend this claim. Therefore, I believe that the default judgment against me was irregular and I respectfully request it is set aside.

ORDER DISMISSING THE CLAIM

15. I further believe that the original Parking Charge Notice (PCN) has no merit and should thus be dismissed. 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 driver.

16. The Claimant has obtained details of the vehicle for which the defendant was the registered keeper and used those details to raise a Parking Charge Notice (PCN). I dispute this charge in its entirety as I do not know the wording of the contract nor do I know the means by which the contract was alleged to have come into force.

17. I further submit that the parking charge notice is without merit due to substantial issues in law. This is for the following reasons:

18 a. Lack of Standing by Claimant: The Claimant is unlikely to be the landowner of the particular car park in question and will have no proprietary interest in this. 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 landowner and only they would have been able to sue for damages or trespass. I, as a patron of the doctor’s surgery, was using this car park for the correct purpose.




18 b. No Loss Suffered by Claimant: Their claim is presumably based on damages for alleged breach of contract. It is a fundamental principle of English Law that a party who suffers damages through breach of contract can only seek through court action to be put back in the same position as they would have been if the breach had not occurred. In order to do so they must demonstrate their actual or genuine pre-estimate of loss. 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 driver of the vehicle of which I was the registered keeper. I further submit that any loss to the landowner (which would be the only party able to claim such losses) would be minimal.

18 c. The Charge is an Unenforceable Penalty: I further submit that the Parking Charge Notice (PCN) is nothing but an unenforceable penalty as it is not based on any loss suffered due to the alleged infraction.

18 d. No Contract with the Claimant: Any contract must have offer, acceptance, and consideration both ways. There would not have been consideration from the Claimant to the driver. Therefore, there is no consideration from the driver to Civil Enforcement Ltd.

19. 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.


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

ShakeItOff

I'm sure one of the more experienced regulars will be along to help on the WS and DO shortly.

But yes, you send three copies of the N244 form, DO and WS off with payment if you aren't eligible for help with fees. Apparently you can send the forms off to your local court (I sent mine to Northampton CCBC and they have sent it in to my local court).

Coupon-mad

Three copies?

ShakeItOff

Yep, the email I had from CCBC with the form asked for three copies of the documents.

Coupon-mad

Interesting.

I doubt that would be needed if popping to your local court, unless the N244 form says so!

bigdavecox90

Thanks all, just awaiting the confirmation that I've included everything etc?

Appreciate the support.

nosferatu1001

I would have a seperately titled Defence, so you have a clear
- order
- WS for why the set aside should be granted. THis must be CLEAR as to why you shoudl be granted one.
- Defence to the claim, in case yo udont get an automatic set aside.

Another 4 days have gone by
YOu really have to get this in ASAP.

nosferatu1001

You msut bring, on the day, supporting devidence showing when you moved and that you were THERE TO BE FOUND

This is critical as you ideally want the auto set aside, which is failure by claimant to serve at your address, and they KNEW or SHOULD HAVE KNOWN the address tehy used was wrong. Your narrative is very mixed, so I would suggest you have a bullet list of:
- contravention date
- last date of contract from you to them
- when you moved, that you are on electoral register, have credit cards / mortgage/
- when they filed the claim
To make it clear they waited x months from you last making contact, y months after you moved, to file the claim.

This means your 8 and 9 could be rewritten to make this clearer. Think of it as a timeline - you go from early to late. Your current WS jumps about.

bigdavecox90

nosferatu1001 wrote: »

I would have a seperately titled Defence, so you have a clear
- order
- WS for why the set aside should be granted. THis must be CLEAR as to why you shoudl be granted one.
- Defence to the claim, in case yo udont get an automatic set aside.

Another 4 days have gone by
YOu really have to get this in ASAP.

I'm unsure what I've missed here, isn't this all included in the above?

I was advised the six point order which I've started with - then the Witness Statement and then the defence is included at the end?

What am I doing wrong?