CCJ issued by Excel at my place of work!, options for getting it set aside?

aardll

thanks for your help Coupon, really appreciate it.

this has me worried though:

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.

what if they do submit a defense and what's the best date to put on there? two weeks from when the N244 is sent to the court?

Le_Kirk

Leave the dates blank and the court/judge will fill them in.

aardll

thanks everyone

does this seem ok:

DRAFT ORDER
IN THE COUNTY COURT AT:
EXCEL PARKING (Claimant)
And
xxx
Claim Reference: xxx
IT IS ORDERED THAT:
1. The default judgement dated 18/03/2019 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.
6. All enforcement be put on hold pending the outcome of the application.
WITNESS STATEMENT
I am Richard Peckett and I am the defendant in this matter. This is my supporting statement to my application dated 22/05/2019 requesting to:
a. Set aside the default judgment dated 18/03/2019 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 on the basis that the Defendant has a reasonable defence, or to be re-heard at a new hearing.
SET ASIDE DEFAULT JUDGEMENT
1. I understand that claimant obtained a default judgement against me on 18/03/2019. The judgment was not served to my current address. I am on the electoral roll at my current address and all my utility bills are registered to my current address. I have never at any time at all tried to avoid paying for any known debt. The Defendant has never received any previous documentation from the Claimant in this matter and acted promptly to ascertain the details of the default CCJ. Following are the sequence of events, thus –
a. 10/05/2019 defendant carries out routine credit check as mortgage is due for renewal and notices default CCJ
b. Defendant contacted the court immediately to attempt to find out what the CCJ was for, court advised defendant it was issued by Excel Parking who operate the carpark at the defendant’s place of work where the defendant has an allocated space
c. Defendant then contacted excel parking to attempt to find out what the CCJ on 13/05/2019 but wasn’t given any details from them when he asked them
d. Defendant files a set aside appeal at Northampton County Court
2. The Claimant has not adhered to CPR 6.9 (3) where they had reason to believe that the address of the Defendant is an address at which the Defendant no longer resides or carries on business. The claimant did not take reasonable steps to ascertain the address of the defendant’s current residence or place of business. This has led to a defective service and an irregular judgment. As the proceedings were not validly served, it leads to no service and thus they are not entitled to judgement and the court must set aside the claim
3. Claimant continued to use outdated addresses rather than take reasonable steps. As per Freedom of Information Request (FOIR3988) from June 2014, the claimant knew about the DVLA allowing the use of Credit Reference Agencies and Tracing Agencies, and the sensible reasons for using, specifying that similar circumstances to be applying equally to the car parking industry, but has been clearly ignored and not followed by the Claimant in an attempt to obtain a default judgement. Claimant continued to use outdated addresses rather than take reasonable steps. As per Freedom of Information Request (FOIR3988) from June 2014, the claimant knew about the DVLA allowing the use of Credit Reference Agencies and Tracing Agencies, and the sensible reasons for using, specifying that similar circumstances to be applying equally to the car parking industry, but has been clearly ignored and not followed by the Claimant in an attempt to obtain a default judgement.
4. The Defendant believes the Claimant has behaved unreasonably by not ensuring they used the Defendant’s correct contact details. According to publicly available information the Defendant’s circumstances are far from being unique. The Claimant’s persistent failure to use correct and current addresses results in an unnecessary burden for individuals and the justice system.
5. Defendant wishes to note that Prime Minister May publicly pledged to investigate ‘abuse’ of the CCJ System and so called ‘Credit Clamping’ as reported in the Daily Mail article dated 12 September 2016 (Annex D). The Right Honourable Sir Oliver Heald QC MP on 23 December 2016 announced a crackdown on unresolved debts which can damage people’s credit ratings without them knowing. The action comes after concerns were raised that companies were issuing claims to consumers using incorrect addresses. The Minister added:
“It cannot be right that people who are unaware of debts can see their lives and finances ruined by county court judgments. That 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.”
Defendant is now in a situation where he may not be able to secure a mortgage for his property and has also been significantly disadvantaged in terms of his employment prospects. Defendant is a Professional Software Engineer and currently is unable to take up employment with any Financial Organisation where many Software Professionals work as a result of default judgement. This has caused the defendant significant stress and strain severely exacerbating 3 diagnosed mental health disorders.
6. Defendant is a law-abiding citizen, who when notified by the Police in March of this year of traffic violation was found to have an incorrect vehicle address after house move immediately contacted DVLA and corrected the vehicle registration immediately to reflect the current address. This demonstrates that the Defendant has never tried to evade any payments, fines, tax and have been diligent to correct any mistakes.
7. In view of the above, Defendant invites the court to set-aside the default judgement on the basis that there was no reasonable presumption that the defendant resided at the address in question, as none of Claimant’s post was responded to. This entails that proceedings till now have never been served and are, thus, defective.
8. Further, the Defendant asks the court to order the Claimant to refund the costs, OR in the alternative to reserve the costs as the Defendant is concerned the Claimant will discontinue once the CCJ is set aside, leaving the Defendant with a loss of court fees of £255. In such an event, the Defendant requests his costs will then be ordered to be refunded if the Court is alerted of the matter.
ORDER DISMISSING THE CLAIM
1. The Defendant believes the order to the claim be dismissed due to the following reasons, which are further outlined below –
a. Claimant failed to meet the Notice to Keeper obligations of Schedule 4 of the Protection of Freedoms Act 2012 (POFA 2012)
b. This Claimant is known to routinely affix misleading pieces of paper in a red/black envelope impersonating authority, bearing the legend ‘THIS IS NOT A PARKING CHARGE NOTICE’ around vehicles on the business park. It is reasonable to conclude, from the date of the premature Notice to Keeper ('NTK') that was posted, that the hybrid note that the Claimant asserts was a 'CN' was no such thing, and therefore the driver was not served with a document that created any liability for any charge whatsoever. The Claimant is put to strict proof.
c. 2.2. Accordingly, it is denied that any contravention or breach of clearly signed/lined terms occurred, and it is denied that the driver was properly informed about any parking charge, either by signage or by a CN.

Quentin

Your ws point 6 is contradictory!

You claim to be a law abiding citizen. Then admit 2 offences!

Coupon-mad

Good point, in fact there is no need to even mention the Police/a speeding offence.

aardll

My thinking was I'll show that the police were able to find my current address no problem so they did their job...

yes it was an offence for 35 in a 30 zone on an average speed check section of a dual carriage way I'd never driven down before at night when it was chucking it down with rain

I've never had a speeding offence in my life because I am a law abiding citizen!

Quentin

aardll wrote: »

My thinking was I'll show that the police were able to find my current address no problem so they did their job...

yes it was an offence for 35 in a 30 zone on an average speed check section of a dual carriage way I'd never driven down before at night when it was chucking it down with rain

I've never had a speeding offence in my life because I am a law abiding citizen!

You are in denial then!

You again admt to a speeding "offence" then in the next sentence deny "ever" committing any offences due to being "law abiding"!

(Your criminal record is irrelevant anyway in this civil matter!)

Coupon-mad

My thinking was I'll show that the police were able to find my current address no problem so they did their job...

I wouldn't and I think it paints you in a worse light than you deserve!

These things happen.

My only speeding offence was when I was caught by a camera, doing 46 in a 30 but it was over 20 years ago... In my defence it was in a dual carriageway where all the locals thought it was 40 (so I thought I was, at worst, 6 miles per hour over). I just got a few points on my licence and never did it again.

aardll

Hello peeps,

The application was emailed today (had to wait until payday unfortunately!)

appreciate all the help everyone gave and please pray for me now! I may finally be able to relax if it's set aside and it's not threatening my mortgage

fingers crossed

aardll

received notice from court that application had been passed to local court for hearing, getting pretty nervous now

is there anything I should be doing now in preparation for the hearing?