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DVLA screw up = CCJ
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Ginger16
Posts: 17 Forumite
Hi guys,
I have a mystery CCJ, seeded by a DVLA admin error (which I still have the apology letter for). I am trying to set aside with no proper info, its one of the common parking companies. I read through #2 a few times but there are a few specific queries I have ontop.
Even though the DVLA provided the parking company with the wrong address I assume my emphasis is that when the parking company took it to court 2 years later they should have re-checked the address?
-The claimant's first notice was sent to the wrong address (Address_1) as I had moved from Address_1 to Address_2 about two months prior. I had updated the DVLA but they screwed up my address change for a year (which I have an apology letter from the DVLA to support this).
-The courts papers would also have gone to the same wrong address (Address_1) but by then I was living at Address_3.
I notice a lot of WS highlight that council tax is public record, but this is debated in some threads. Should I cite more examples of public records (i.e. my marriage) or is council tax sufficient?
The DVLA say I need to fill out a V888 to get my V5 address history. If the the council tax record surpasses the old DVLA address data then I guess obtaining the V5 history is pointless?
It seems so odd the claimant is the soul keeper of all of the evidence/court summons/original papers. Do the CBCC really retain nothing other than the judgement, or are they mistaken?
I sent the parking company a letter as the keeper asking for the particulars, no response so far. Tomorrow I will ring the parking company a few times but assume I will not get through.
Many thanks
WS:
[FONT="]I am [MY NAME] and I am the Defendant in this matter.[/FONT]
[FONT="]This my supporting Witness Statement in support of my application dated [TODAYS DATE] to:[/FONT]
[FONT="]· Set aside the Default Judgement dated [CCJ DATE] as it was not properly served at my current address;
· Order for the Claimant to pay the Defendant £[SET ASIDE FEE] as reimbursement for the set aside fee;
· Order for the original claim to be dismissed.
1. Default Judgement
1.1. I understand that the Claimant obtained a Default Judgement against me as the Defendant in [CCJ DATE]. However, this claim form has not been served at my current address and I thus was not aware of the Default Judgement until [TWO WEEKS AGO] when I was doing a routine check on my credit file. I understand that this Claim was served at an OLD ADDRESS ([OLD ADDRESS]). However, I moved to a new address in [DATE LEFT OLD ADDRESS]. In support of this I can provide confirmation from [LOCAL] 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. On the [TWO WEEKS AGO] I contacted [XXXX] 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.
1.4. On [TWO WEEKS AGO] I attempted to contact the Claimant via post using information given to me by [XXXX] County Court. On the [TOMORROW] I phoned but I was not able to get through to a member of the Claimant’s staff to discuss. This means as the Defendant, I still do not have any details of the incident the Claimant alleges has taken place, other than the summary of charges now owed, which is shown on the Court papers.
1.5. 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.
1.6. On the basis provided above I would suggest that the Claimant did not fulfil their duty to use the Defendant’s current address when bringing the claim.
1.7. Considering the above I was unable to defend this claim properly. I thus believe that the Default Judgement against me was issued incorrectly and thus should be set aside.
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 understand that the Claimant is a Parking Company which seeks to claim for 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 “Outstanding Debt and Damages’’, I thus dispute the claim 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 come into force.
2.3. If the Claimant can provide evidence that the alleged incident relates to a vehicle for which the Defendant is the Registered Keeper, any Notice to Keeper served by the Claimant would have needed to comply with the requirements of Schedule 4 of the Protection of Freedoms Act 2012. Otherwise, the Claimant is required to prove the driver of the vehicle they claim was involved in the alleged incident. I submit that the Claimant cannot provide such evidence and further submit that the Claimant does not include ‘Protection of Freedoms Act 2012’ wording on notices they issue and therefore cannot hold the Defendant automatically liable for the alleged incident merely for being the Registered Keeper of a vehicle.
2.4. A requirement of the Protection of Freedoms Act 2012 is that this any Notice to Keeper served by the Claimant must be served within 14 days of the date of the alleged incident. Since I have not received any documentation from the Claimant prior to finding out about the Default Judgement, I submit the Claimant will not have complied with the requirements of the Act and thus cannot claim this charge against me as the Registered Keeper in any case.
2.5. I further submit that the Claimant’s claim is without merit due to substantial issues in law. This is for the following main reasons:
2.5.1. 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.
2.5.2. 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 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.
2.5.3. Claimed charge is an Unenforceable Penalty: I further submit that the “Outstanding Debt and Damages’’ that the Claimant claimed, given it is not based on any loss suffered due to the alleged breach, is nothing but an unenforceable penalty.
2.5.4. 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 motorist; the fee for parking benefits the landowners, not the Claimant. Therefore, there is no consideration from the motorist to [CLAIMANT].
2.6. 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.[/FONT]
[FONT="]
2.7. In order to make informed decisions and statements in my defence as keeper of the a vehicle, I will require copies of all paperwork and pictures of all signs from the Claimant.[/FONT]
Statement of Truth:
I believe that the facts stated in this Witness Statement are true.
I have a mystery CCJ, seeded by a DVLA admin error (which I still have the apology letter for). I am trying to set aside with no proper info, its one of the common parking companies. I read through #2 a few times but there are a few specific queries I have ontop.
Even though the DVLA provided the parking company with the wrong address I assume my emphasis is that when the parking company took it to court 2 years later they should have re-checked the address?
-The claimant's first notice was sent to the wrong address (Address_1) as I had moved from Address_1 to Address_2 about two months prior. I had updated the DVLA but they screwed up my address change for a year (which I have an apology letter from the DVLA to support this).
-The courts papers would also have gone to the same wrong address (Address_1) but by then I was living at Address_3.
I notice a lot of WS highlight that council tax is public record, but this is debated in some threads. Should I cite more examples of public records (i.e. my marriage) or is council tax sufficient?
The DVLA say I need to fill out a V888 to get my V5 address history. If the the council tax record surpasses the old DVLA address data then I guess obtaining the V5 history is pointless?
It seems so odd the claimant is the soul keeper of all of the evidence/court summons/original papers. Do the CBCC really retain nothing other than the judgement, or are they mistaken?
I sent the parking company a letter as the keeper asking for the particulars, no response so far. Tomorrow I will ring the parking company a few times but assume I will not get through.
Many thanks
WS:
[FONT="]I am [MY NAME] and I am the Defendant in this matter.[/FONT]
[FONT="]This my supporting Witness Statement in support of my application dated [TODAYS DATE] to:[/FONT]
[FONT="]· Set aside the Default Judgement dated [CCJ DATE] as it was not properly served at my current address;
· Order for the Claimant to pay the Defendant £[SET ASIDE FEE] as reimbursement for the set aside fee;
· Order for the original claim to be dismissed.
1. Default Judgement
1.1. I understand that the Claimant obtained a Default Judgement against me as the Defendant in [CCJ DATE]. However, this claim form has not been served at my current address and I thus was not aware of the Default Judgement until [TWO WEEKS AGO] when I was doing a routine check on my credit file. I understand that this Claim was served at an OLD ADDRESS ([OLD ADDRESS]). However, I moved to a new address in [DATE LEFT OLD ADDRESS]. In support of this I can provide confirmation from [LOCAL] 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. On the [TWO WEEKS AGO] I contacted [XXXX] 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.
1.4. On [TWO WEEKS AGO] I attempted to contact the Claimant via post using information given to me by [XXXX] County Court. On the [TOMORROW] I phoned but I was not able to get through to a member of the Claimant’s staff to discuss. This means as the Defendant, I still do not have any details of the incident the Claimant alleges has taken place, other than the summary of charges now owed, which is shown on the Court papers.
1.5. 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.
1.6. On the basis provided above I would suggest that the Claimant did not fulfil their duty to use the Defendant’s current address when bringing the claim.
1.7. Considering the above I was unable to defend this claim properly. I thus believe that the Default Judgement against me was issued incorrectly and thus should be set aside.
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 understand that the Claimant is a Parking Company which seeks to claim for 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 “Outstanding Debt and Damages’’, I thus dispute the claim 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 come into force.
2.3. If the Claimant can provide evidence that the alleged incident relates to a vehicle for which the Defendant is the Registered Keeper, any Notice to Keeper served by the Claimant would have needed to comply with the requirements of Schedule 4 of the Protection of Freedoms Act 2012. Otherwise, the Claimant is required to prove the driver of the vehicle they claim was involved in the alleged incident. I submit that the Claimant cannot provide such evidence and further submit that the Claimant does not include ‘Protection of Freedoms Act 2012’ wording on notices they issue and therefore cannot hold the Defendant automatically liable for the alleged incident merely for being the Registered Keeper of a vehicle.
2.4. A requirement of the Protection of Freedoms Act 2012 is that this any Notice to Keeper served by the Claimant must be served within 14 days of the date of the alleged incident. Since I have not received any documentation from the Claimant prior to finding out about the Default Judgement, I submit the Claimant will not have complied with the requirements of the Act and thus cannot claim this charge against me as the Registered Keeper in any case.
2.5. I further submit that the Claimant’s claim is without merit due to substantial issues in law. This is for the following main reasons:
2.5.1. 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.
2.5.2. 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 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.
2.5.3. Claimed charge is an Unenforceable Penalty: I further submit that the “Outstanding Debt and Damages’’ that the Claimant claimed, given it is not based on any loss suffered due to the alleged breach, is nothing but an unenforceable penalty.
2.5.4. 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 motorist; the fee for parking benefits the landowners, not the Claimant. Therefore, there is no consideration from the motorist to [CLAIMANT].
2.6. 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.[/FONT]
[FONT="]
2.7. In order to make informed decisions and statements in my defence as keeper of the a vehicle, I will require copies of all paperwork and pictures of all signs from the Claimant.[/FONT]
Statement of Truth:
I believe that the facts stated in this Witness Statement are true.
0
Comments
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If the court claim was served on an incorrect address, a set aside should be all but automatic (advice provided by Johnersh, qualified lawyer, who posts here). Just get it set aside (£255, unless you qualify for a reduced rate on the basis of low income), then see what the Judge's directions are in relation to a resubmitted claim (for defending) from the claimant.
One thing you can definitely assume is that you will neither get any sense nor help from them. Don't bother.I sent the parking company a letter as the keeper asking for the particulars, no response so far. Tomorrow I will ring the parking company a few times but assume I will not get through.
Which PPC?Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.Private Parking Firms - Killing the High Street0 -
The magnificent CEL0
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No you won't get any sense from them, they are first class professional scammers.PPCs say its carpark management, BPA say its raising standards..... we all know its just about raking in the revenue. :eek:0
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You can of course send a Subject Access Request to CEL's Data Protection Officer asking for a copy of all the personal date they hold on you.
There is a link to a sample SAR in post #2 of the NEWBIES thread.0 -
Ahh, I interpreted the SAR as only an option before the hearing.
I guess it all comes out in the wash when/if they re-submit.0 -
I have a mystery CCJ, seeded by a DVLA admin error (which I still have the apology letter for). I am trying to set aside with no proper info, its one of the common parking companies. I read through #2 a few times but there are a few specific queries I have ontop.
Even though the DVLA provided the parking company with the wrong address I assume my emphasis is that when the parking company took it to court 2 years later they should have re-checked the address?
Have you reported this breach by the DVLA to the ICO ?
I would ask the DVLA what they propose to do about this breach as you now have a CCJ which will create a problem for you for the next 6 years on your credit score0 -
I respect that is a fair suggestion; but for something that happened years ago any outcome will result in no change in procedure for them which is the real endgame.
Maybe as I walk out I will hint the PPC should recover their costs from the DVLA
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Did you ever live at the address the DVLA provided and if so, how long prior. There's good precedent on this stuff.
The PPC should consent to the set aside as you're bound to get it if you've never been served and once the information is properly before a judge0 -
No, you don't. No keeper has to complete a V888 about their own data.The DVLA say I need to fill out a V888 to get my V5 address history.
And please search the forum for
...and find all the times we've told people not to use that old template.2.5.2. No Loss Suffered by ClaimantPRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Council Tax records regarding who is living at an address are not a public record.A council tax demand notice can demonstrate residence at an address but the actual records are not available to the dvla (or most 3rd parties).I notice a lot of WS highlight that council tax is public record, but this is debated in some threads. Should I cite more examples of public records (i.e. my marriage) or is council tax sufficient?I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.0
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