I know, You've heard it all before. More CCJ angst

nosferatu1001

I would sugegst you just hav ea covering letter to both aplciations, asking them to be combined to one hearing
WHen you submit your N244 you do so under penalty of perjury. THats how they "Know"

Redx

I would think you ask for each one to be consolidated with the other one and add references

Greenwich2019

Many thanks Redx and many thanks noseferatu10

Really grateful

Greenwich2019

OK...…………….So.……..SAR letter ready to go.


Defence has been adapted from one of the stickies in the Newbie thread. I just wondered if I the below seems adequate:
DRAFT ORDER
IN THE COUNTY COURT AT: xxxxxx
CIVIL ENFORCEMENT LIMITED (Claimant)
And
XXXXXXXX
CLAIM No: XXXXXXXX
IT IS ORDERED that:
1. The default judgment dated 07/11/2018 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/20 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/2020.
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.


7. Please may I request that the second CCJ (XXXXXXXXX) be consolidated with this application for set aside at the same hearing. I have made a separate payment for both Set Aside applications but would be grateful if both could be heard at the same time.
WITNESS STATEMENT
7. I am XXXXXXXXXX and I am the defendant in this matter. This is my supporting statement to my application dated 06 February 2020 requesting to:
a. Set aside the default judgment dated 07 November 2018 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 obtained a default judgment against me on 07 November 2018. However, it was not served at my current address, therefore I was not aware of the county court judgment until I recently checked my credit file to see an issue with my credit rating. I understand that this claim was served at XXXXXXXXXXXXXXXXXX. However, we sold this property on 4th December 2017 which can be proved by the Solicitors statement provided (Annex 1).


9. I have never received any correspondence from the claimant, therefore I was never able to challenge the original charge nor the judgment.


10. I have never received any correspondence and have had no contact with the Claimant to date except to make a SAR (Subject Area Request) on the 5th of February 2020.


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. Civil Enforcement Ltd’s persistent failure to use correct and current addresses results in an unnecessary burden for individuals and the justice system.


12. I suggest the claimant did not make reasonable enquiries as to my current address before persuing 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 XXXXXXXXXXXXXXX.


13. 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 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. 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. If the claimant can evidence that the alleged incident relates to the vehicle XXXXXX any notice to keeper issued by the claimant must comply with 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 the parking charge notices they issue and therefore cannot hold the registered keeper of the vehicle automatically liable.


18. A requirement of the Protection of Freedoms Act 2012 is that any notice to keeper must be served within 14 days of the date of the alleged incident. Since I have not received any documentation I submit the claimant has not complied with the requirements of the Act and thus cannot claim this charge against me as the registered keeper in any case.


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


a. Lack of Standing by Claimant: The claimant is not 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 claim for any damages or trespass.
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.
c. The Charge is an Unenforceable Penalty: I further submit that the parking charge is nothing but an unenforceable penalty as it is not based on any loss suffered due to the alleged infraction.
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
20. 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.
21. In order to make informed decisions and statements in my defence as former keeper of the vehicle I will require copies of all paperwork and pictures of all signs from the claimant.
Statement of Truth:
I believe that the facts stated in this Witness Statement are true.

Umkomaas

Why 2x para 7 and where has para 14 gone?

nosferatu1001

OP youre rushing nito this

You need
1) N244 form
2) Draft order - own page. Dont mix it up with anything else. Own page.
3) Witnes statement supporting the set aside - no need for this to repeat the Order either. THIS SHOULD CLEARLY SET OUT THE *GROUNDS* for set aside. This is BOTH CPR13.2 (claim form was never served) and CPR13.3 (other good reason) . You cannot miss out these references. THere is no choice in this.

Show PROOF of old address, there to be found on new address, why they would have used old details - your V5 was updated after they requested it? What? There MUST BE A REASON why. How many months between the INCIDENT and COURT date? The LONGER THE BETTER _ the longer they took the more reason they had to check your address was correct.

4) DEFENCE to the underlying claim. Page of A4. NOT part of the witness statement. CANNOT be part of the WS. This is because a WS and a defence are utterly different documents.

Greenwich2019

OK,


Good points, sorry, need to think it through a bit more.


Will complete and repost.


Thanks for the advice

Greenwich2019

1. N244 forms have been completed for both CCJs
2. Draft Order is now on a separate page as below:


Witness Statement to follow:
DRAFT ORDER
IN THE COUNTY COURT AT:
CIVIL ENFORCEMENT LIMITED (Claimant)


And


XXXXXXXXX


CLAIM No: XXXXXXXX


IT IS ORDERED that:


1. The default judgment dated 09/05/2019 be set aside.


2. Costs to be reserved.


3. Unless the Claimant serves a copy of the claim form on the Defendant by 4pm __/__/20 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 __/__ /20.


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.


7. Please may I request that the second CCJ Ref. XXXXXX (of which the facts in this matter are identical) be consolidated with this application for set aside at the same hearing (Please see covering letter). I have made a separate payment for both Applications but would be grateful if both could be heard at the same time.

Greenwich2019

nosferatu1001 and Umkomaas hanks for taking the time, it's very much appreciated, honestly.
I have had a stab at this...……..really do not have a clue if I am on the right lines...…...I think I probably am not. I don't have a legal background so I have just put this in terms that I understand but it may be on reading it that I am totally barking up the wrong tree. The simple facts are, I sold my flat, we moved, I didn't update the V5 because I was in the process of selling the car and so the correspondence from both CEL and the courts went and are probably continuing to go to my old address.
So stupid of me but what can I say?
Witness Statement:
1. I am XXXXXXXXXX and I am the defendant in this matter. This is my supporting statement to my application dated 04 February 2020 requesting to:
a. Set aside the default judgment dated XXXXXX 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.
GROUNDS TO SET ASIDE:
CPR13.2/13.3
1. I owned and resided at the property XXXXXXXXX up until December 4th 2017 when the property was sold and I moved out with my wife and daughter. Proof of completion of sale is attached (Document a) to this witness statement and it is to this address that all claim forms and correspondences relating to this matter were seemingly delivered, none of which I received. Had I received any documentation in relation to this matter I would have defended the claim as per my defence (See Defence) document.
2. Civil Enforcement Limited had every opportunity to contact me at my new and current address where I am on the electoral roll and have a company registered between the original date of this supposed parking contravention (4th January 2018) and the CCJ being made (7th of November 18) yet they continued to send documentation my old address.
3. I did not inform the DVLA of my new address for my V5 log book as my car was in the process of being sold and I would require the log book to file for change of ownership. The car was subsequently sold on the 24th of March proff of which is attached (Document 2).
4. I believe the claimant has behaved unreasonably by not ensuring they used my correct, up to date contact details. According to publicly available information they would have been able to find my new address if they had wanted to. My circumstances are far from being unique, Civil Enforcement Ltd’s persistent failure to use correct and current addresses results in an unnecessary burden for individuals and the justice system.
12. I suggest the claimant did not make reasonable enquiries as to my current address 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 XXXXXXXXX. I am easily traceable through a cursory internet search and other companies have been able to easily trace me such as Aviva Insurance (Doc. 3), something Civil Enforcement Limited could and should have done as a matter of course and in the interests of fairness.
13. 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.

Greenwich2019

Any help greatly appreciated.