Forum Home» Motoring» Parking Tickets, Fines & Parking

CCJ - Unsure If I can fight it! - Page 6

New Post Advanced Search

CCJ - Unsure If I can fight it!

91 replies 1.2K views
1468910

Replies

  • nosferatu1001nosferatu1001 Forumite
    9.9K posts
    1,000 Posts Third Anniversary Name Dropper
    ✭✭✭✭
    You seem to be confusing yourself

    You have two jobs to do, and the first is getting the CCJ set aside
    IF you succeed in this, you then have to (probably) defend the claim
    The CLAIM FORM (NOT CCJ!) being SERVED on an incorrect address is part of the first action - getting a set aside. 
    The signage is aprt of the defence, sure, but the defence is secondary and nto what youre doing right now. You produce  a sample defence for CPR13.3 (any other good reason to set aside) but stop spending too long on it.
    Do you now understand what youre trying to do?
  • BangeF2BangeF2 Forumite
    49 posts
    10 Posts Name Dropper
    I think I've mentioned being confused many times so yes. Thanks for your help though. 
    Right now I've written the Draft order and witness statement and now im on the defence dismissing the claim but finding it difficult to know the particulars of writing the defence dismissing the claim. Im not sure where the CPR needs to go?
  • nosferatu1001nosferatu1001 Forumite
    9.9K posts
    1,000 Posts Third Anniversary Name Dropper
    ✭✭✭✭
    1) Defence - you already have a written template defence. What more do you need? Please explain. 
    2) I dont know what you mean by "Im not sure where the CPR needs to go?"
    When applying for a set aside you make out the grounds under which you are setting aside the claim
    CPR13.2 and CPR13.3

  • edited 16 July at 2:53PM
    Coupon-madCoupon-mad Forumite
    88K posts
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    ✭✭✭✭✭✭
    edited 16 July at 2:53PM
    Your hearing to set aside the CCJ will be about your proving that they didn't take steps to find you, and that you were there to be found, and yet they filed a claim to an old address that they should have known was old because tenatnts move on average every year, and their client was the managing agent so the information was within their grasp to check if there was a forwarding address from a person who wasn't replying to letters...etc.

    That hearing WILL NOT be about the PCN and your defence.

    So your Witness Statement and evidence gives all the evidence to show you moved but were 'there to be found' and how the parking firm were wrong to file a claim to the old address, and why this means a 'mandatory set aside' should apply.

    Your defence is an aside.  It's the second stage, but it needs to be 'in your back pocket', so to speak, at the first hearing in case the Judge asks for an overview.  The Judge will probably want to know that you have a worthwhile defence, if he/she sets the CCJ aside, that's all.  Then the CCJ gets wiped - if he/she is satisfied that the service of th claim was defective - it all proceeds to the second hearing.   

    You should be using the forum's template defence for yours, and why not read other PCM residential threads to see how others have already adapted the forum defence a dozen times every month already!  It's all here already for the sake of searching and reading similar PCM threads (you do NOT need a CCJ thread for that - I am talking about copying the defence words used by anyone with a recent PCM claim - they'll all have used the template defence and added stuff.

    All of the above is already explained in the SET ASIDE section of the NEWBIES thread, with 3 or 4 linked threads for you to read about what a hearing is like and what the Judge wants to hear.  When I link examples threads in that sticky thread, it;s for the purpose of informing people and I want you to sit down and read them, not open a dozen tabs at once, then get confused.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • BangeF2BangeF2 Forumite
    49 posts
    10 Posts Name Dropper
    ok thanks guys. I've done as you said above and come up with the following: 

    CCJ 1

    DRAFT ORDER

    IN THE COUNTY COURT AT: xxxxxxx

    XXXXXX XXXXX LIMITED (Claimant)

    And

    Miss xxxx xxxxxx (Defendant)

    District Judge

    UPON reading the Defendant's application dated 17th July 2020 and the annexed witness statement of ( my name) dated 17th July 2020

    IT IS ORDERED that:

    1. The default judgment dated 16th August 2019 be set aside mandatorily.

    2. Costs to be reserved.

    3. Unless the Claimant serves a copy of the Claim Form on the Defendant by 4 pm on [date what date should this be?] 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 [date. which date?].

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

    I am xxxx and I am the Defendant in this matter. This my supporting Statement in support of my application dated 17th July 2020 to:

    1. A Mandatory Set aside for the Default Judgement dated 16th August 2019 should be under CPR 13.2 (a) as it was not properly served at my current address and order for the Claimant to pay the Defendant £255 as reimbursement for the set aside fee;

    CPR 13.2 states

    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

    CPR 12.3(1) states

    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.

    The relevant CPR for acknowledgment of service is cpr 10.3 which states

    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

    CPR 6 deals with service.

    As I did not give an address to the claimant at which i could be served, primarily because I was not asked, CPR 6.9 applies.

    CPR 6.9 stipulates that an "Individual" should be served at their "Usual or last known residence."

    The claimant, having not obtained an address directly from myself, and having obtained an address from a 3rd party quite some time ago and received no response, did not have the requisite knowledge nor perform the requisite "reasonable diligence" required to find my correct address in order to serve the claim form.

    (They then did find my london address and apparently sent an LBC to it which shows in their SAR they sent to me but I didn’t receive it, but then failed to sent the court forms to this london address too. How could I go about wording this into here?)

    In Collier v Williams [2006] 1 WLR 1945 (CA) LJ Dyson said:

    "What state of mind in the server is connoted by the words "last known"? … As we have said, there is an important distinction between belief and knowledge. It is a distinction particularly well understood in the criminal law, but elsewhere too. The draftsman of the rules deliberately chose the word "known". In our view, knowledge in this context refers to the serving party's actual knowledge or what might be called his constructive knowledge, i.e. knowledge which he could have acquired exercising reasonable diligence. We arrive at this conclusion on the basis of what we understand the words to mean. We do not believe that there are any policy reasons which require us to give the words a strained or unusual meaning. The risk of satellite litigation is inherent in whatever interpretation is adopted. It is true that a defendant who has not in fact received the claim form should have no difficulty in setting aside a default judgment. But it is not desirable that defendants should be put to the trouble and expense of making applications to set aside default judgments."

    Whilst these comments were obiter they were given further credence by

    HHJ Hacon in MB Garden Buildings Ltd v Mark Burton Construction Ltd & Anor [2014] EWHC 431 (IPEC) (28 February 2014)

    HHJ Behrens in Broadside Colours And Chemicals Ltd, Re (No 2) [2012] EWHC 195 (Ch) (20 February 2012)

    In Broadside Colours And Chemicals Ltd, Re (No 2) [2012] EWHC 195 (Ch) (20 February 2012) it would appear that obtaining the information from a source that an individual is required by law to keep updated is adequate knowledge. However, i would submit that it is incumbent to have recent knowledge and not outdated knowledge as HHJ Hacon put it in MB Garden Buildings Ltd v Mark Burton Construction Ltd & Anor [2014] EWHC 431 (IPEC) (28 February 2014)

    "However I am in any event not persuaded by Ms Michaels on this point. The logic of her submission is that a claimant must conduct his inquiries into a defendant's whereabouts on the very date on which the step required for service within the meaning of CPR 7.5(1) is carried out, e.g. posting the documents. That seems to me to be an unnecessary burden and I doubt that it is what the Court of Appeal had in mind in Collier v Williams. I take the view that if a claimant has carried out inquiries with reasonable diligence as to the defendant's last known residence before that date and on that date it was objectively reasonable for the claimant to believe that the defendant's residence remained unchanged, then on that date it is still the defendant's last known residence for the purposes of service by that claimant. Of course the longer the delay between the inquiries and the date of the step required for service the harder it will be for a claimant to establish that there was good service.

    In the present case MBGB's inquiries were sufficient to give it actual knowledge on 8 November 2012 that Mr Burton lived at 23 Irvine Place (which he did). No reason has been advanced as to why MBGB should not reasonably have believed on 12 November 2012 that he still lived there. In my view his last known residence on that date was still 23 Irvine Place so far as MBGB were concerned."

    2. Order for the original claim to be dismissed.

    WITNESS STATEMENT
    I am XXXX and I am the defendant in this matter. This is my supporting statement to my application dated 17th July 2020 requesting to:

    a. A Mandatory Set aside the default judgment dated 16th August 2019 as it was not properly served at my current address.

    b. Order for the original claim and cost of 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 obtained a Default Judgement against me as the Defendant on 16th August 2019. I am aware that the Claimant is XX, and that the assumed claim is in respect of unpaid Parking Charge Notices from the  12/11/2017, 07/10/2017, 07/10/2017,07/10/2017 at xxxxx Avenue - xx9 (<< Do I add the dates on the LBC or the CCBC email? They don’t seem to match. Do I also add the three same dates to show how ridiculous this and where best to state this in the Default judgement?). I contest this charge for the reasons outlined in the attached draft defence.

    1.3. The claim form was not served at my current address and I thus was not aware of the Default Judgement until 9th June 2020 following a view of my Credit File to check things were in order for the purpose of renting a new home; as found in Appendix (X) The address on the claim is (lancs add). I moved to my current address at (London add) in October 2017 (does this address need to be reflected on my credit file to use this as an appendix?). In support of this I can provide a scanned copy of my addresses in my recent up to date Credit Report with XXX ; Appendix (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 9th June 2020.

    1.4.2 On 9th June 2020, I contacted CCBC to query, was given details about G solicitors and PCM via telephone and asked to speak with them.

    1.4.3 On 9th June 2020 I called xxx solicitors and was told to seek private legal advice and that they wouldn't be spoken to on the phone.

    14.4 On 9th June 2020, I google searched for information on what to do and how to deal with  a CCJ as this has never happen to me before and called up 6 solicitors in the area (appendix x), of which three got back to me, one stating that the costs would exceed the claim amount, another stating the claim amount wasn't high enough and therefore they wouldn’t be willing to represent and another stating not having capacity to deal with new claims due to current pandemic. 

    1.4.4 On 9th June 2020, I contacted the Citizens Advice bureau twice, one via telephone and another via online chat (appendix x) who stated general advice on setting aside and/or paying off CCJ. No formal advice on disputing the claim was given but did state asking for a Subject Access Request from xxxxx Solicitors, and also suggested that I call Step change for support. 

    1.4.5 On 9th June 2020, I sent a SAR to x solicitors; Appendix x

    1.4.6 On 10th June 2020, I called Step Change via telephone who stated that they were unable to support me with my query and to see professional legal advice. It appears they were already inundated with requests of support due to the pandemic. They did state contacting the Law Centres Network. 

    1.4.7 During the time between 10th June 2020 and 15th June 2020, I continue to contact private solicitors via telephone, all of which had a automated voice message recording which record my details and stated they would called back. I received no call backs from any of these private local solicitor firms. 

    1.4.8 On 15th June 2020, I  received Subject Access Request back from xx solicitors with details of CCJ Judgement, letters of Parking Invoices sent to my (lancs address) and additional ‘Letter Before Claim’ to my (lancs address) and one to my (current london address) (how to state and defend that I didnt receive the LBC to my london add?)

    1.4.9 On 30th June 2020, The Law Centres Network emailed back to state they are unable to help with this type of claim; Appendix x

    1.4.10 On 3rd July 2020, I also spoke to National Debt line to get further support but advised to speak with Citizens Advice Bureau. On speaking with the Citizens Advice Bureau again, I was advised to complete the N422 form to set aside the CCJ and the details I would need to gather to accompany the form.

    1.4.11 On 13th July 2020, I sent for a Subject Access Request from xxx (Claimant) and received this on 14/07/2020.

    1.4.12 As I noticed an absence in the County Court Judgement Claims Forms, I contacted County Court Business Centre for a request of these forms and was given details of the CCJ being sent to my lancs address. For evidence, I requested a SAR from County Court Business Centre on 16th July 2020 for the Claims forms. 


    1.4.13 On 17th July 2020 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 me the Defendant no longer resides as (lancs add). The claimant did not take reasonable steps to ascertain the address of my current residence despite having allegedly sent a ‘Letter Before Claim’ on 31st May 2019 which I did not receive; Appendix x. 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 Claimants and its 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.


    Questions:

    Is this also  the place to include:

    1. The unreasonable amount of ticket invoices issued on the same day and what legislation would be appropriate for this?
    2. The fact that Im law abiding and have kept up to date with other changes like my change in utility bill?
    3. The fact that I have to leave my lancs address on short notice due to  a job change and intense year of training which caused me to forget to deal with my DVLA?
    4. What else do I need to look into and add? sorry for the billion questions. I am a complete novice! 
  • Le_KirkLe_Kirk Forumite
    11.1K posts
    10,000 Posts Sixth Anniversary Photogenic Name Dropper
    ✭✭✭✭✭
    Just leave the dates in your six-point draft order blank, the judge will fill them in.
  • 1505grandad1505grandad Forumite
    779 posts
    Sixth Anniversary 500 Posts Name Dropper
    ✭✭✭
    A heads up  -  you have numerous "Judgments" correctly spelt in this context (Google CCJ) BUT also numerous "Judgements" as well.
  • RedxRedx Forumite
    30K posts
    10,000 Posts Sixth Anniversary Name Dropper Photogenic
    ✭✭✭✭✭
    Prankster hasn't updated his site for several years

    Stick to this forum , recent set aside threads , plus that Newbies thread

    Read what you have been told , you have a 2 hearing process to follow , hearing 2 doesn't happen unless set aside hearing 1 is successful
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
  • BangeF2BangeF2 Forumite
    49 posts
    10 Posts Name Dropper
    BangeF2 said:
    ok thanks guys. I've done as you said above and come up with the following: 

    CCJ 1

    DRAFT ORDER

    IN THE COUNTY COURT AT: xxxxxxx

    XXXXXX XXXXX LIMITED (Claimant)

    And

    Miss xxxx xxxxxx (Defendant)

    District Judge

    UPON reading the Defendant's application dated 17th July 2020 and the annexed witness statement of ( my name) dated 17th July 2020

    IT IS ORDERED that:

    1. The default judgment dated 16th August 2019 be set aside mandatorily.

    2. Costs to be reserved.

    3. Unless the Claimant serves a copy of the Claim Form on the Defendant by 4 pm on [date what date should this be?] 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 [date. which date?].

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

    I am xxxx and I am the Defendant in this matter. This my supporting Statement in support of my application dated 17th July 2020 to:

    1. A Mandatory Set aside for the Default Judgement dated 16th August 2019 should be under CPR 13.2 (a) as it was not properly served at my current address and order for the Claimant to pay the Defendant £255 as reimbursement for the set aside fee;

    CPR 13.2 states

    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

    CPR 12.3(1) states

    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.

    The relevant CPR for acknowledgment of service is cpr 10.3 which states

    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

    CPR 6 deals with service.

    As I did not give an address to the claimant at which i could be served, primarily because I was not asked, CPR 6.9 applies.

    CPR 6.9 stipulates that an "Individual" should be served at their "Usual or last known residence."

    The claimant, having not obtained an address directly from myself, and having obtained an address from a 3rd party quite some time ago and received no response, did not have the requisite knowledge nor perform the requisite "reasonable diligence" required to find my correct address in order to serve the claim form.

    (They then did find my london address and apparently sent an LBC to it which shows in their SAR they sent to me but I didn’t receive it, but then failed to sent the court forms to this london address too. How could I go about wording this into here?)

    In Collier v Williams [2006] 1 WLR 1945 (CA) LJ Dyson said:

    "What state of mind in the server is connoted by the words "last known"? … As we have said, there is an important distinction between belief and knowledge. It is a distinction particularly well understood in the criminal law, but elsewhere too. The draftsman of the rules deliberately chose the word "known". In our view, knowledge in this context refers to the serving party's actual knowledge or what might be called his constructive knowledge, i.e. knowledge which he could have acquired exercising reasonable diligence. We arrive at this conclusion on the basis of what we understand the words to mean. We do not believe that there are any policy reasons which require us to give the words a strained or unusual meaning. The risk of satellite litigation is inherent in whatever interpretation is adopted. It is true that a defendant who has not in fact received the claim form should have no difficulty in setting aside a default judgment. But it is not desirable that defendants should be put to the trouble and expense of making applications to set aside default judgments."

    Whilst these comments were obiter they were given further credence by

    HHJ Hacon in MB Garden Buildings Ltd v Mark Burton Construction Ltd & Anor [2014] EWHC 431 (IPEC) (28 February 2014)

    HHJ Behrens in Broadside Colours And Chemicals Ltd, Re (No 2) [2012] EWHC 195 (Ch) (20 February 2012)

    In Broadside Colours And Chemicals Ltd, Re (No 2) [2012] EWHC 195 (Ch) (20 February 2012) it would appear that obtaining the information from a source that an individual is required by law to keep updated is adequate knowledge. However, i would submit that it is incumbent to have recent knowledge and not outdated knowledge as HHJ Hacon put it in MB Garden Buildings Ltd v Mark Burton Construction Ltd & Anor [2014] EWHC 431 (IPEC) (28 February 2014)

    "However I am in any event not persuaded by Ms Michaels on this point. The logic of her submission is that a claimant must conduct his inquiries into a defendant's whereabouts on the very date on which the step required for service within the meaning of CPR 7.5(1) is carried out, e.g. posting the documents. That seems to me to be an unnecessary burden and I doubt that it is what the Court of Appeal had in mind in Collier v Williams. I take the view that if a claimant has carried out inquiries with reasonable diligence as to the defendant's last known residence before that date and on that date it was objectively reasonable for the claimant to believe that the defendant's residence remained unchanged, then on that date it is still the defendant's last known residence for the purposes of service by that claimant. Of course the longer the delay between the inquiries and the date of the step required for service the harder it will be for a claimant to establish that there was good service.

    In the present case MBGB's inquiries were sufficient to give it actual knowledge on 8 November 2012 that Mr Burton lived at 23 Irvine Place (which he did). No reason has been advanced as to why MBGB should not reasonably have believed on 12 November 2012 that he still lived there. In my view his last known residence on that date was still 23 Irvine Place so far as MBGB were concerned."

    2. Order for the original claim to be dismissed.

    WITNESS STATEMENT
    I am XXXX and I am the defendant in this matter. This is my supporting statement to my application dated 17th July 2020 requesting to:

    a. A Mandatory Set aside the default judgment dated 16th August 2019 as it was not properly served at my current address.

    b. Order for the original claim and cost of 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 obtained a Default Judgement against me as the Defendant on 16th August 2019. I am aware that the Claimant is XX, and that the assumed claim is in respect of unpaid Parking Charge Notices from the  12/11/2017, 07/10/2017, 07/10/2017,07/10/2017 at xxxxx Avenue - xx9 (<< Do I add the dates on the LBC or the CCBC email? They don’t seem to match. Do I also add the three same dates to show how ridiculous this and where best to state this in the Default judgement?). I contest this charge for the reasons outlined in the attached draft defence.

    1.3. The claim form was not served at my current address and I thus was not aware of the Default Judgement until 9th June 2020 following a view of my Credit File to check things were in order for the purpose of renting a new home; as found in Appendix (X) The address on the claim is (lancs add). I moved to my current address at (London add) in October 2017 (does this address need to be reflected on my credit file to use this as an appendix?). In support of this I can provide a scanned copy of my addresses in my recent up to date Credit Report with XXX ; Appendix (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 9th June 2020.

    1.4.2 On 9th June 2020, I contacted CCBC to query, was given details about G solicitors and PCM via telephone and asked to speak with them.

    1.4.3 On 9th June 2020 I called xxx solicitors and was told to seek private legal advice and that they wouldn't be spoken to on the phone.

    14.4 On 9th June 2020, I google searched for information on what to do and how to deal with  a CCJ as this has never happen to me before and called up 6 solicitors in the area (appendix x), of which three got back to me, one stating that the costs would exceed the claim amount, another stating the claim amount wasn't high enough and therefore they wouldn’t be willing to represent and another stating not having capacity to deal with new claims due to current pandemic. 

    1.4.4 On 9th June 2020, I contacted the Citizens Advice bureau twice, one via telephone and another via online chat (appendix x) who stated general advice on setting aside and/or paying off CCJ. No formal advice on disputing the claim was given but did state asking for a Subject Access Request from xxxxx Solicitors, and also suggested that I call Step change for support. 

    1.4.5 On 9th June 2020, I sent a SAR to x solicitors; Appendix x

    1.4.6 On 10th June 2020, I called Step Change via telephone who stated that they were unable to support me with my query and to see professional legal advice. It appears they were already inundated with requests of support due to the pandemic. They did state contacting the Law Centres Network. 

    1.4.7 During the time between 10th June 2020 and 15th June 2020, I continue to contact private solicitors via telephone, all of which had a automated voice message recording which record my details and stated they would called back. I received no call backs from any of these private local solicitor firms. 

    1.4.8 On 15th June 2020, I  received Subject Access Request back from xx solicitors with details of CCJ Judgement, letters of Parking Invoices sent to my (lancs address) and additional ‘Letter Before Claim’ to my (lancs address) and one to my (current london address) (how to state and defend that I didnt receive the LBC to my london add?)

    1.4.9 On 30th June 2020, The Law Centres Network emailed back to state they are unable to help with this type of claim; Appendix x

    1.4.10 On 3rd July 2020, I also spoke to National Debt line to get further support but advised to speak with Citizens Advice Bureau. On speaking with the Citizens Advice Bureau again, I was advised to complete the N422 form to set aside the CCJ and the details I would need to gather to accompany the form.

    1.4.11 On 13th July 2020, I sent for a Subject Access Request from xxx (Claimant) and received this on 14/07/2020.

    1.4.12 As I noticed an absence in the County Court Judgement Claims Forms, I contacted County Court Business Centre for a request of these forms and was given details of the CCJ being sent to my lancs address. For evidence, I requested a SAR from County Court Business Centre on 16th July 2020 for the Claims forms. 


    1.4.13 On 17th July 2020 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 me the Defendant no longer resides as (lancs add). The claimant did not take reasonable steps to ascertain the address of my current residence despite having allegedly sent a ‘Letter Before Claim’ on 31st May 2019 which I did not receive; Appendix x. 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 Claimants and its 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.


    Questions:

    Is this also  the place to include:

    1. The unreasonable amount of ticket invoices issued on the same day and what legislation would be appropriate for this?
    2. The fact that Im law abiding and have kept up to date with other changes like my change in utility bill?
    3. The fact that I have to leave my lancs address on short notice due to  a job change and intense year of training which caused me to forget to deal with my DVLA?
    4. What else do I need to look into and add? sorry for the billion questions. I am a complete novice! 
    is this good enough to send with the n422?
    is there anything else I need to send with the n422?
  • edited 16 July at 9:20PM
    Coupon-madCoupon-mad Forumite
    88K posts
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    ✭✭✭✭✭✭
    edited 16 July at 9:20PM
    I would remove the word 'mandatorily'.

    Questions: Is this also  the place to include:
    1. The unreasonable amount of ticket invoices issued on the same day and what legislation would be appropriate for this?  Yes - no legislation - just state that this is either impossible or the ticketer (or residents) have removed PCNs issued minutes before, and placed a second then third one on the car, which is ridiculous, given that the ticketer employee would have been the same person each time.  If the particulars are wrong then there shoudl be no relief from sanctions and the claim should be reissued at the expense of the Claimant, if not struck out by the court for abuse of process (adding false sums to the parking charge) in which case it ends here.   Append a copy of the Southampton case - the one that goes with our template defence.
    2. The fact that Im law abiding and have kept up to date with other changes like my change in utility bill?  Yes, add that there was no attempt to walk away or hide from any liabilities and you were there to be found.
    3. The fact that I have to leave my lancs address on short notice due to  a job change and intense year of training which caused me to forget to deal with my DVLA?  Yes, cover that briefly.


    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
Sign In or Register to comment.

Quick links

Essential Money | Who & Where are you? | Work & Benefits | Household and travel | Shopping & Freebies | About MSE | The MoneySavers Arms | Covid-19 & Coronavirus Support