CCJ Set Aside

ShakeItOff

Hi all

I had a check on my credit file this morning, and noted that I apparently have been issued with a CCJ which hasn't been settled. It hasn't been settled as I didn't know about it. I will be applying to have the judgment set aside, but wondered if I could pick your brains on the solidness of the reason. I don't really want to waste £255 if I can help it.

In brief, I received a notification to keeper outside of the timescale. I responded to say driver liability wasn't established. I received a generic "we don't find in your favour". The alleged debt was passed on to the usual recovery (DRP I think). In the meantime, I moved. I had postal redirect for 6 months after the move, heard nothing. Debt company wrote to my new address. Court papers have never been issued to my new house. I am going to ask the court to confirm where the papers were sent to double check, but the CCJ on my file notes my old address.

I want to ask for the set aside because it was reasonable that the papers should have been issued to my new address (as the debt company had been writing to me here). Instead, I did not get the opportunity to defend the claim (which I would have done), and, if I had lost, I would have paid and avoided the CCJ. Is this enough, in principle?

I have been reading the forum to try and work out how others have gone around this, and it seems that having moved is not necessarily enough in itself, but I am hoping I can rely on the fact that the debt company wrote to my new address.

Next action for me is tomorrow, to contact the court to double check that it is the PPC/debt company, then get cracking on the form to request the set aside. If it isn't this company, I am truly at odds to think who it could be! :eek:

Any help, very gratefully received!

Redx

read this thread, it may help you

https://forums.moneysavingexpert.com/discussion/5949100/judgement-made-set-aside

and the NEWBIES FAQ sticky thread also has set aside advice too

bear in mind that this isnt a legal advice forum


if you asked Martin Lewis for legal advice , he would tell you to see a lawyer or solicitor

ShakeItOff

Sorry, I should have added that the CCJ date is autumn 2018.

Thank you Redx. I have been reading the forum to avoid asking repeated questions, and fully appreciate this is not a legal advice forum.

KeithP

Did you ever respond to DRP's letters to your new address?

If you had, then DRP would've had an obligation to tell the PPC your new address.

Without a response from you, the debt company had no way of knowing whether the address they were writing to was good or not.

ShakeItOff

I had only responded by email. The debt company must have obtained my address from somewhere (guessing DVLA). I hadn't responded to the threat letters, and never received a letter before action.

I feel properly stupid.

Igab17

I am in a similar situation unfortunately

Coupon-mad

Never mind, as long as you didn't ignore a court claim that actually came to your current address, then we see set asides won pretty much every time and have done for a couple of years. You need to satisfy the judge of NOT being serve with a claim form, and satisfy them that you have an arguable defence (everyone does v a PPC scam).

Search the forum for set aside 6 point order and copy what others have done.

The_Deep

It is the will of Parliament that these scammers be put out of business.

Hopefully that will take place in the near future. The Bill has passed through the HOC without hitch, and goes to the Lords soon. In the meantime involve your MP, the poor dears are buckling under the weight of complaints about these scammers.

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors. Is has been suggested by an MP that some of these companies may have connections to organised crime.

Parking Eye, CPM, Smart, (especially Smart}, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week), hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

The problem has become so widespread that MPs have agreed to enact a Bill to regulate these scammers.

Sir Greg Knight's Private Members Bill to curb the excesses, and perhaps close down, some of these companies passed its Third Reading in late November, and, with a fair wind, will become Law next year.

All three readings are available to watch on the internet, (some 6-7 hours), and published in Hansard. MPs have an extremely low opinion of the industry. Many are complaining that they are becoming overwhelmed by complaints from members of the public. Add to their burden, complain in the most robust terms about the scammers.

ShakeItOff

It turns out that it is the company I suspected (PPS) who engaged BW Legal. I have spoken with the Northampton CCBC and they've sent me the NS244 form. I have prepared a WS and DO. Could someone please help me with it an check that I am ready to send:

___________________________________


DRAFT ORDER

______________________________________


IT IS ORDERED THAT:

Upon reading the Defendant's application dated XXXXXXXXXX.

It is ordered that:

1. The default judgment dated DATE 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

1. I am ShakeItOff and I am the defendant in this matter. This is my supporting statement to my application dated DATE requesting to:
a. Set aside the default judgment dated DATE 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

2. I understand that the claimant obtained a default judgment against me on DATE. However, it was not served at my current address, therefore I was not aware of the county court judgment until 13 January 2019 when I performed a routine review of my credit file. On 14 January 2019 I telephoned the Northampton County Court Business Centre to find out who the claimant was. I was informed that the claim was lodged by BW Legal Services Limited, acting for Premier Parking Solutions Limited.

3. I understand that this claim was served at OLD ADDRESS. However, I moved to a new address on DATE upon the purchase of a house. I have enclosed proof of the purchase date (Appended - EVIDENCE 1).

4. I have never received any correspondence nor contact from the claimant, therefore I was never able to challenge the original charge nor the judgment. While I never received paperwork from BW, I had received from PPS, so would this point stand?

5. I believe that the claimant has behaved unreasonable by not ensuring they used my correct contact details. According to the Civil Procedure Rule 6.9 (3) 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’). I do not believe proceedings were validly served because 3 years on it cannot be assumed that this was my last known address. According to publicly available information my circumstances are far from being unique, despite my change in married name. DRP actually did track me to my current address. Is that worth putting in?

6. I suggest that the claimant did not make reasonable enquiries as to my current address before pursuing the court order especially considering they have good reason to believe they did not hold my current contact details. My email address was available on the original parking charge notice appeal made to Premier Parking Solutions Limited. No attempts were made to verify my address by email. Furthermore, considering the claimant received no response from me to their correspondence this should have been a clear indication of the obsolescence of the address OLD ADDRESS.

7. 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
8. I further believe that the original parking charge notice dated DATE has no merit and should thus be dismissed.

9. The claimant has obtained details of the vehicle for which I was the registered keeper. I confirm that I was the registered keeper of the vehicle REG NUMBER from YEAR until RECENTLY.

10. The claimant is required to comply with Schedule 4 of the Protection of Freedoms Act 2012. Upon receipt of a letter from Premier Parking Solutions Limited dated DEC 2015, I responded to the letter on DATE via email. I confirmed that I was the registered keeper of the vehicle but that as the notice to keeper had been issued outside of the timelines of Schedule 4 of the Protection of Freedoms Act 2012, the claimant must pursue the driver. The claimant responded with a generic appeal response letter which did not cover the points raised in the defendant’s email.

11. Due to the significant amount of time from the parking charge notice being allegedly issued in DATE and Premier Parking Solution Limited’s letter of DATE, I cannot recall who the driver would have been. Furthermore, multiple family members had access to the vehicle.

12. A requirement of the Protection of Freedoms Act 2012 is that any notice to keeper must be served within 56 days of the date of the alleged incident. I submit that the claimant has not complied with the requirements of the Act and thus cannot claim this charge against me as the registered keeper. This was a windscreen ticket, so I am correct with this timescale?

13. Whilst I confirm that I was the registered keeper of the vehicle, there is no evidence of the driver and the claimant is put to strict proof that any contract can exist between the claimant and myself.

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




Am I correct in thinking that I send both the DO and the WS, but on separate pages, with the NS244 form?

Coupon-mad

Am I correct in thinking that I send both the DO and the WS, but on separate pages, with the NS244 form?

Yes, and with the £255 fee unless you qualify for help with fees (income related).

4. I have never received any correspondence nor contact from the claimant, therefore I was never able to challenge the original charge nor the judgment. While I never received paperwork from BW, I had received from PPS, so would this point stand?

No. Remove that.

DRP actually did track me to my current address. Is that worth putting in?

Yes, I would. The Claimant knew or should have known from their agents that they had traced a newer address why did they not use it for the claim and/or Letter before Claim?

This was a windscreen ticket, so I am correct with this timescale?

Yes.

ShakeItOff

Thanks Coupon! I have amended and got my three copies printed, signed off and have the fee ready to go.

Right, I am ready to send to the County Court Business Centre.

Wish me luck!