CCJ Parking fine help

harrypotter29

Witness Statement

 

I am XXX and I am the defendant in this matter. This is my supporting statement to my application dated XXX requesting to:

a. Set aside the default judgment dated XX December 2019 as it was not properly served at the Defendant’s current address

b. Order for the original claim to be dismissed.

c. Order for the claimant to pay the defendant £255 as reimbursement for the set aside fee.

DEFAULT JUDGMENT

1.1. I was the registered keeper of the vehicle at the time of the alleged offence.

1.2. I understand that the Claimant has obtained a Default Judgement against me as the Defendant on December 2019 I understand that this Claim was served at my old address (xx) and not served at my current address (xx) or previous address where the Defendant had moved from August 2017. Confirmation of this has been in the form of utility bills and a Council Tax bill from Oldham Council.

1.3. The claim form was not served at my current address or previous and I thus was not aware of the Default Judgement until 09th May 2020 following a notification of an automated credit report update; as found in Schedule (X)

The address on the claim is XXXX. I moved to my current address at XXXX on the XXXX – on electrol role, previous address (XXX). In support of this I can provide a scanned copies of council tax and utility bills for all addresses after the claim; Schedule (X)

1.4. In addition to the above, it should be highlighted that the integrity and law-abiding intention of the Defendant should be taken into consideration on the basis that;

1.4.1 I discovered a CCJ was lodged onto my credit file on the 09th May 2020.

1.4.2 On the 3rd May I emailed the County Court Business Centre to obtain relevant information relating to this default judgement; Schedule (X). With no response I contacted on the 15th May through telephone I was able to obtain the information I needed

1.4.3 On XXX I have wilfully submitted my case in order to set-aside this judgement and fairly present my case.

1.5. I believe the Claimant has behaved unreasonably in pursuing a claim against me without ensuring they held the Defendant’s correct contact details at the time of the claim.

1.6. On that basis, I believe the Claimant has not adhered to CPR 6.9 (3) where they had failed to show due diligence in using an address that the Defendant no longer resides. The claimant did not take reasonable steps to ascertain the address of my current residence despite having some 12 months to establish an address. This has led to the claim being incorrectly served to an old address and an irregular judgement.

1.7. According to publicly available information my circumstances are far from being unique. The industry’s persistent failure to use correct and current addresses results is an unnecessary burden for individuals and the justice system across the country.

Furthermore, 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. The Right Honourable Sir Oliver Heald 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.” Furtherance to points raised in 1.3 above.

1.8. Considering the above I was unable to defend this claim. I believe that the Default Judgement against me was issued incorrectly and thus should be set aside and I ask the Court to kindly consider the reimbursement of the fee of £255 from the claimant should this request be successful.

**************************************************** 

 Draft Order

 

UPON the application of the Defendant dated xx/xx/xx
AND UPON hearing from the agent for the Claimant and from the Defendant in person
AND UPON the court finding that the Claimant had failed to take the necessary steps required by CPR 6.9(3) and 6.9(4) before serving proceedings at a last known address
IT IS ORDERED THAT
1. The judgment dated xx/xx/xxxx be set aside
2. Pursuant to CPR 7.5, the claim issued on xx/xx/xx be struck out, the Claimant having failed to validly serve proceedings within 4 months of issue
3. The Defendant do provide the Claimant with an address for service within 7 days of this order, should the claimant wish to issue a new claim
5. The Claimant do pay the Defendant's costs of the application summarily assessed at £xxx. 6. That all enforcement be put on hold pending the outcome of the application.

 

Coupon-mad

I don't think this works within the draft order:

6. That all enforcement be put on hold pending the outcome of the application.

Maybe it should be in the application?

Le_Kirk

Redx said:

I suppose it could be auto correct if using a tablet or similar, like predictive text, because it sometimes messes up my words when I use my android tablet, but its too common to be a one off

I think I have a spell checker in my head because it seems to auto-correct whilst I am talking! .. and it seems to have predoctive tixt.

harrypotter29

HI All,
I think i have everything now to ask for this to be set aside.
Witness statement you have seen above alongside draft order and supplement Witness statement with the new statement of truth on Both Witness statements.
On the form itself - the order I have put

An order (draft attached) that the judgment dated XXX be set aside because pursuant to CPR 13.2 (a) in the case of a judgment in default of a defence, any of the conditions in rule 12.3(2) and 12.3(3) was not satisfied.

 Even if the court is not satisfied that my case meets the criteria relating to a mandatory set aside due to defective service (13.2), I will say that I also meet the criteria for the CCJ to be set aside on the grounds of 13.3: (1) In any other case, the court may set aside or vary a judgment entered under Part 12 if – (a) the defendant has a real prospect of successfully defending the claim; or (b) it appears to the court that there is some other good reason why - (i) the judgment should be set aside or varied; or (ii) the defendant should be allowed to defend the claim. (2) In considering whether to set aside or vary a judgment entered under Part 12, the matters to which the court must have regard include whether the person seeking to set aside the judgment made an application to do so promptly.

Is that everything I need- is there anything else i need to send tomorrow with all the above (I will ring the court and pay over the phone )
Hope you all had a nice day
Thank you

Coupon-mad

Sounds good to me.

harrypotter29

Hello,
Sorry ive been reading a little more and have a couple of questions before i submit

1)     I have read the posts regarding the telephone hearing.

I think I have understood this as I send everything to Southampton court such as the Witness statement, draft order and supplement witness statement .

Then once I receive my hearing date- send it all to the Claimant and the judge including my defense before the hearing to possibly have this thrown out?

 

2)     My witness statement is regarding the CCj and why this should be reviewed not the actual defense of the original parking offense? I have read other peoples witness statements especially the one by Mrs in the newbies thread where she doesn’t talk about the actual offense in the witness statement, however a lot of people do.Therefore should I be putting in more information about the actual parking ticket in my witness statement (Statement above)

 3)On the draft form - Point one i put the date of the CCJ on my credit score .

Point 2 however which date is this ? The date of the parking offense 

2. Pursuant to CPR 7.5, the claim issued on xx/xx/xx be struck out, the Claimant

Thank you All

 

nosferatu1001

2) when its a set aside, your WS supports why you should get a set aside granted, NOT the underlying case. 

3) its the date the claim was issued. the CCBC will have told you the date the claim was ISSUED ie filed at the CCBC using the MCOL service

Coupon-mad

The reason you don't talk about your defence is because this hearing is not about your defence.

Is Southampton court your local then, or did you mean you were sending your N244 and WS about why the claim wasn't properly served, to Northampton?

harrypotter29

HI All,
today i got my letter to say its been transferred to Manchester court to hear my application for the CCJ to be set aside - fingers crossed

Redx

So why did you mention Southampton earlier ??