Help with getting ParkingEye CCJ set aside please

drewbie1234

I will confirm with the court that this address was where the original court form was sent.


"But different to the one the court sent the claim form to ?" Yes


I apologise but what is a mandatory set aside application and how does that differ from using a n244 with/without the consent letter from PE?


I presume the term "service is defective" means a set of criteria must be met in the way a ccj notice is issued? So I would need to present a case that proves they were not met?


I'm feeling the smallest bit of hope here.


I need to learn how to quote properly.

henrik777

"But different to the one the court sent the claim form to ?" Yes

Excellent.

I apologise but what is a mandatory set aside application and how does that differ from using a n244 with/without the consent letter from PE?

https://legalbeagles.info/library/how-to-set-aside-a-county-court-judgment-ccj/

What you are seeking to do is set aside the CCJ. You use form n244 to do that. If the opponent consents it's cheaper and less likely you'll need to make a strong argument to a judge. (but still need to make the case as the can refuse)

I presume the term "service is defective" means a set of criteria must be met in the way a ccj notice is issued? So I would need to present a case that proves they were not met?

Correct, although proving a negative isn't always easy but the courts know this and the claimant will need to prove they did what is required, usually.

https://www.civillitigationbrief.com/2019/04/10/service-of-the-claim-form-dangers-of-serving-at-the-last-known-address-2019/

https://forums.moneysavingexpert.com/showpost.php?p=76112670&postcount=17

I'm feeling the smallest bit of hope here.

You've got plenty hope here, i believe. The ducks are getting in to a straighter line with every bit of information.

I need to learn how to quote properly.

Last icon on right, a kind of speech bubble, click that and add text in between the quote tags.

drewbie1234

What you are seeking to do is set aside the CCJ. You use form n244 to do that. If the opponent consents it's cheaper and less likely you'll need to make a strong argument to a judge. (but still need to make the case as the can refuse)

Ok cool, I was just a little confused as the initial response to this post was that I couldn't get the judgement set aside as I had already payed it.

So I've just payed for a copy of the judgement document and certificate which shows I have satisfied the judgement (I guess I'll need that?)

I can confirm the address it was sent to was one that I have not lived at for several years. Experians electoral roll record shows me being there until DECEMBER 2017 with 2 addresses after this particular one.

I don't know what credit agency they contacted and why they gave this address but surely that cant be a reasonable attempt to find me correct address and grounds for getting it set aside?

The guy on the phone from the courts did copy and paste some text from the judgement in an attempt to give it to me for free but it just came out as a load of text. This bit seems of interest to me -

"AS THE CLAIMANT RECEIVED NO RESPONSE TO CORRESPONDENCE, NEW CONTACT DETAILS WERE OBTAINED FROM A CREDIT REFERENCE AGENCY FOR THE DEFENDANT."

So this is PE attempting to meet the rules (4bi) as shown in the link you sent me?

(4) Where, having taken the reasonable steps required by paragraph (3), the claimant –
(b) is unable to ascertain the defendant’s current address, the claimant must consider whether there is –
(i) an alternative place where; or
(ii) an alternative method by which,service may be effected.

As I see it my case all hinges on whether the judge thinks they took reasonable steps to find me?

ACTION
(1)Wait for PE to respond to my request for copies of all correspondance - will take ages I'm sure!
(2)Present my case and finding back to PE again in the nicest possible way and hope they give consent although they have kind of already said no.
(3)Complete N244 form, attached with my case, evidence and statement - will probably get a solicitor to do this bit as I want the best chance

Steps 1, 2 and 3 is all I can do right?

drewbie1234

Have been thinking why the credit agency would have given that address...

On my credit file I noticed I had settled account for an outstanding energy bill from that address. I've just rung them up and it was £33.00 outstanding debt which somehow was never payed when i split with my partner and written off just after the parking event took place (years later).

This is the only thing I can find which would explain the credit agency providing this address to PE.

I do have records of opening loan accounts at my Current address before the CCJ was issued against me though, so maybe its a matter of when they requested the address from the agency.

Sorry probably useless points but just trying to figure out how and why this happened in the way it did.

henrik777

So I've just payed for a copy of the judgement document and certificate which shows I have satisfied the judgement (I guess I'll need that?)

Nah, i don't think you will.

I can confirm the address it was sent to was one that I have not lived at for several years. Experians electoral roll record shows me being there until DECEMBER 2017 with 2 addresses after this particular one.

They're absolutely stuffed. They know that wasn't your "last known address" and had zero right to attempt service there. None. Diddly squat. Nada. Zilch.

I don't know what credit agency they contacted and why they gave this address but surely that cant be a reasonable attempt to find me correct address and grounds for getting it set aside?

Nope. And if they had the same info that the address was old, that you obtained, someone has serious questions to answer.

So this is PE attempting to meet the rules (4bi) as shown in the link you sent me?

Yes, but it's a gash attempt at best.

As I see it my case all hinges on whether the judge thinks they took reasonable steps to find me?

Your set aside hinges on this yes. You appear to have sufficient information to shift the burden of proof from you(as it's your application) to them, and it appears they'll be unable to discharge that burden as they've royally messed up.

(2)Present my case and finding back to PE again in the nicest possible way and hope they give consent although they have kind of already said no.

Dear Parking Eye,

You got a ccj against me. To do so you attempted service at xxxx an address i lived at some time before any parking incident and further court action but not at that time or since.

That's just a sloppy synopsis, write it properly in your own words


As service was defective the court must set aside your judgment pursuant to CPR 13.2




http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part13#13.2

Cases where the court must set aside judgment entered under Part 12

13.2 The court must set aside a judgment entered under Part 12 if judgment was wrongly entered because–

(a) in the case of a judgment in default of an acknowledgment of service, any of the conditions in rule 12.3(1) and 12.3(3) was not satisfied







Conditions to be satisfied
12.3

(1) The claimant may obtain judgment in default of an acknowledgment of service only if –

(a) the defendant has not filed an acknowledgment of service or a defence to the claim (or any part of the claim); and

(b) the relevant time for doing so has expired.

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part12#12.3




The relevant time for filing an acknowledgement of service

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part10#10.3

The period for filing an acknowledgment of service
10.3

(1) The general rule is that the period for filing an acknowledgment of service is –

(a) where the defendant is served with a claim form which states that particulars of claim are to follow, 14 days after service of the particulars of claim; and

(b) in any other case, 14 days after service of the claim form.

(2) The general rule is subject to the following rules –

(a) rule 6.35 (which specifies how the period for filing an acknowledgment of service is calculated where the claim form is served out of the jurisdiction under rule 6.32 or 6.33);

(b) rule 6.12(3) (which requires the court to specify the period for responding to the particulars of claim when it makes an order under that rule); and

(c) rule 6.37(5) (which requires the court to specify the period within which the defendant may file an acknowledgment of service calculated by reference to Practice Direction 6B when it makes an order giving permission to serve a claim form out of the jurisdiction).



If the claim form was not served (or validly served as some may put it) the time limit for acknowledging service has not begun. If it hasn't begun it can't have expired. If it hasn't expired that is a mandatory set aside.



This is on point with the court of appeal in Dubai Financial Group Llc v National Private Air Transport Services Company (National Air Services) Ltd [2016] EWCA Civ 71 (09 February 2016)

Moreover, I do not consider that the CPR presents an obstacle in the circumstances of this case to setting aside judgment. CPR 13.2 provides that the court must set aside a default judgment where any of the conditions in rule 12.3(1) and 12.3(3) was not satisfied. The latter provision does not apply, but the former is relevant. CPR 12.3(1) states that a claimant may obtain judgment in default of an acknowledgment of service only if (a) the defendant has not filed an acknowledgment of service or a defence and (b) the relevant time for doing so has expired (my italics). I accept Mr McLaren's argument that, when an order for retrospective validation of an alternative method of service has been made pursuant to CPR 6.15(2) the relevant time for filing an acknowledgment of service is the period which the court must specify under CPR 6.15(4)(c). Where, as in this case, the court did not specify any such time there can be no relevant time which has expired for the purposes of CPR 12.3(1). If this analysis is correct the requirements of CPR 12.3(1)(b) have not been satisfied and so the court is obliged to set aside the default judgment pursuant to CPR 13.2(a).



I do not see it as a draconian consequence that a judgment, obtained after deemed service has been effected without specifying a time for that service to be acknowledged, should be set aside as of right in such a case. I agree that CPR 13.2 specifies the circumstances in which a default judgment must be set aside and in my judgment one of those circumstances is when judgment is entered in default of an acknowledgment of service when "any of the conditions in rule 12.3(1)…was not satisfied". Here one such condition was not satisfied, namely the time for acknowledgement of service had not expired, because none had ever become applicable.
This, to my mind, is not "playing technical games" (c.f. the passage from the Abela case, cited at paragraph 11 in the judgment of Longmore LJ). It is merely applying the principle that due process should be followed. If a defendant has never become under a valid obligation to acknowledge service, either as specified under the rules or by order of the court, I do not see how it can be that a judgment can be entered against him in default of such acknowledgment. He is simply not in default at all.


In light of the above, and the over riding objectives (CPR 1) i invite you to consent to a mandatory set aside, with the costs bourne by yourselves which will be cheaper than obtaining the same result without consent.

Please respond within 7 days.

Yours etc

Give them 3 days then ask what's up. Then after 7 apply.

You don't need a solicitor but if you've got legal insurance use it.

drewbie1234

Ok, I'll give that a go! I will add detail about electoral roll history and linked addresses on my credit file to back up the did not take reasonable steps.

After 7 days apply for set aside even if I do not have consent from PR... go for the mandatory set aside?

Thank you very much for all of your assistance and taking the time to give such detailed responses. i will continue to support this site as I think it's an excellent resource for people to get great advice in times of need.

drewbie1234

So my email will go -

Dear Parking Eye,

On 15/04/2019 you issued a county court claim against me to recover the outstanding amount for an unpaid ticket relating to a parking event that took place on 10/12/2018.

To do so you attempted service at the Flat 4 32 Summer Hill Bristol Avon BS4 3BE, an address I had not lived at since July 2016.

A search of my credit file and the electoral roll clearly show that I was no longer living address in question.

As service was defective the court must set aside your judgment pursuant to CPR 13.2

...

You think it will be a simple as that?

Do I not need to provide any evidence?

henrik777

I'd add anything that shows THEM they should've known you lived elsewhere, such as them telling you they had obtained a different from DVLA and had no response from 4 letters etc.

Make it obvious to anyone reading that not only did you not live there, but that any reasonable person examining the evidence they had in their possession/knowledge would have known this.

1. So they feel they have to consent to a set aside.
2. If they don't, the court feels like they should have consented upon reading the letter/email and battering them on costs for losing a position they should have conceded had they acted responsibly. The case doesn't even appear arguable. Unarguable cases have no place in court wasting everyones time and resources and thus harsh costs penalties should follow. (£19 an hour for time plus printing, application fee, etc)

Send them copies of evidence if it helps but really they most of it in their possession by the look of it.

drewbie1234

So to anyone in a similar position...this is my email to PE. Wish me luck

Dear Parking Eye,

On XXXXX you issued a county court claim against me to recover the outstanding amount for an unpaid ticket relating to a parking event that took place on XXXXXX.

To do so you attempted service at the XXXXXXX, an address I had not lived at for some time.

After obtaining an address from the DVLA and receiving no response from 4 letters, Parking Eye determined this was not my current address and sought the above address from a credit agency to send further correspondence and serve the claim in question. At no point did I respond to any correspondence sent to this address which leaves the question as to why PE believed this would be my current address.

An Experian credit search of the electoral roll records and connections clearly show that I occupied XXXXXXX until DECEMBER 2017 with 2 addresses dated after this particular one so I find it difficult to comprehend that PE believed this to be my current address.

In addition, I took out 2 NatWest bank loans at my current address, both before the CCJ was served at my old address. One loan was taken out on XXXXX (before the parking event) and one on XXXXXX (after the event but before the CCJ was served). My current account and both loans were registered at my current address. I was not hiding and could have been easily found if Parking Eye had taken reasonable step to do so.

For this reason it is clear that the claimant (Parking Eye) failed to take reasonable steps to ascertain the address of the defendant’s (myself) current residence or place of business (‘current address’).

As service was defective and not valid, the court must set aside your judgment pursuant to CPR 13.2

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part13#13.2

Cases where the court must set aside judgment entered under Part 12

13.2 The court must set aside a judgment entered under Part 12 if judgment was wrongly entered because–

(a) in the case of a judgment in default of an acknowledgment of service, any of the conditions in rule 12.3(1) and 12.3(3) was not satisfied

Conditions to be satisfied
12.3

(1) The claimant may obtain judgment in default of an acknowledgment of service only if –

(a) the defendant has not filed an acknowledgment of service or a defence to the claim (or any part of the claim); and

(b) the relevant time for doing so has expired.

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part12#12.3

The relevant time for filing an acknowledgement of service

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part10#10.3

The period for filing an acknowledgment of service
10.3

(1) The general rule is that the period for filing an acknowledgment of service is –

(a) where the defendant is served with a claim form which states that particulars of claim are to follow, 14 days after service of the particulars of claim; and

(b) in any other case, 14 days after service of the claim form.

(2) The general rule is subject to the following rules –

(a) rule 6.35 (which specifies how the period for filing an acknowledgment of service is calculated where the claim form is served out of the jurisdiction under rule 6.32 or 6.33);

(b) rule 6.12(3) (which requires the court to specify the period for responding to the particulars of claim when it makes an order under that rule); and

(c) rule 6.37(5) (which requires the court to specify the period within which the defendant may file an acknowledgment of service calculated by reference to Practice Direction 6B when it makes an order giving permission to serve a claim form out of the jurisdiction).

If the claim form was not served (or validly served as some may put it) the time limit for acknowledging service has not begun. If it hasn't begun it can't have expired. If it hasn't expired that is a mandatory set aside.

This is on point with the court of appeal in Dubai Financial Group Llc v National Private Air Transport Services Company (National Air Services) Ltd [2016] EWCA Civ 71 (09 February 2016)

Moreover, I do not consider that the CPR presents an obstacle in the circumstances of this case to setting aside judgment. CPR 13.2 provides that the court must set aside a default judgment where any of the conditions in rule 12.3(1) and 12.3(3) was not satisfied. The latter provision does not apply, but the former is relevant. CPR 12.3(1) states that a claimant may obtain judgment in default of an acknowledgment of service only if (a) the defendant has not filed an acknowledgment of service or a defence and (b) the relevant time for doing so has expired (my italics). I accept Mr McLaren's argument that, when an order for retrospective validation of an alternative method of service has been made pursuant to CPR 6.15(2) the relevant time for filing an acknowledgment of service is the period which the court must specify under CPR 6.15(4)(c). Where, as in this case, the court did not specify any such time there can be no relevant time which has expired for the purposes of CPR 12.3(1). If this analysis is correct the requirements of CPR 12.3(1)(b) have not been satisfied and so the court is obliged to set aside the default judgment pursuant to CPR 13.2(a).

I do not see it as a draconian consequence that a judgment, obtained after deemed service has been effected without specifying a time for that service to be acknowledged, should be set aside as of right in such a case. I agree that CPR 13.2 specifies the circumstances in which a default judgment must be set aside and in my judgment one of those circumstances is when judgment is entered in default of an acknowledgment of service when "any of the conditions in rule 12.3(1)…was not satisfied". Here one such condition was not satisfied, namely the time for acknowledgement of service had not expired, because none had ever become applicable.
This, to my mind, is not "playing technical games" (c.f. the passage from the Abela case, cited at paragraph 11 in the judgment of Longmore LJ). It is merely applying the principle that due process should be followed. If a defendant has never become under a valid obligation to acknowledge service, either as specified under the rules or by order of the court, I do not see how it can be that a judgment can be entered against him in default of such acknowledgment. He is simply not in default at all.

In light of the above, and the over riding objectives (CPR 1) i invite you to consent to a mandatory set aside, with the costs bourne by yourselves which will be cheaper than obtaining the same result without consent.

If you would like me to provide a copy of my credit report, please do not hesitate to contact me.

Please respond within 7 days.

Kind regards,

henrik777

That should focus someones mind.

Do not forget though, some parking companies and their hired help, clearly are of the belief they can ride roughshod over people who usually can't fight back as they do not know procedure as it's a scary proposition for them and they themselves feel they can't afford to comply en masse as it would hurt their profits.

So if they refuse, make an application and kick their ar$€.