CCJ without my knowledge

Johnersh

If you're litigating the other side don't just simply go away because you've got a hearing in the diary.

So long as you can address
1. Why you never responded to the court documents or letters that preceded them;
2. Have an answer to whether the case is arguable
You should be OK. You need to plan your arguments and read the court rules carefully. 

This isn't a bad little summary.
http://hjsolicitors.co.uk/article/setting-aside-a-default-judgment/ 

Coupon-mad

And you'd be saying to the Judge, of course it is unreasonable to expect you to pay a parking firm who should never have had your data because they failed to carry out adequate checks to find the missing images for a double visit.  You owe them nothing at all.  To compound their negligence, they then served the claim to an old address with little or no effort to trace your correct address for service, knowing as parking firms do, that DVLA data is unreliable.

You are about to get the CCJ set aside and can ask the Judge to order the C to repay your £255.  Nearly across the finish line,

What have you already submitted by way of evidence to set aside the CCJ, just a WS and some evidence of moving house? 

Have you submitted a defence as well, talking about the double visit?  That'll be the thing to add now, along with your costs assessment.

Sebastian83

Coupon-mad said:

What have you already submitted by way of evidence to set aside the CCJ, just a WS and some evidence of moving house? 

That's what I have submitted last year in October. At this time I didnt know what the claim was about, as Civil Enforcement took one month to send me the documents I requested, so I couldn't write anything about the claim itself. 
In November last year they then sent me an email, where they admitted that they don't have any CCTV and where I could see that every letter has been sent to my previous address.

Coupon-mad said:

Have you submitted a defence as well, talking about the double visit?  That'll be the thing to add now, along with your costs assessment.

And how would I need to do this? 
Would I need to send this to the court prior to the appointment or do I have to read this on the day to the judge? 


And should I reply back to Civil Enforcements email? 
Civil Enforcement says in the email: "We note your grounds for setting aside Judgment, which state that you had moved address before the violation occurred. We were provided with your registered address by the DVLA following the date of violation. As you may be aware, it is an offence (punishable with a fine up to £1000) to fail to promptly notify the DVLA of a change of address."

I have sent the court a copy of my driving license, issued by DVLA to my new address 2 months after I moved house. Is this a problem for me now in my defence? 
However, and that would be my defence if I'd not accept the offer: The claim itself is totally wrong. I've never parked there myself and my wife never parked there longer than an hour, which the Claimant didn't check, so they had no right to inquire about my address in the first place. 

henrik777

Johnersh said:

If you're litigating the other side don't just simply go away because you've got a hearing in the diary.

So long as you can address
1. Why you never responded to the court documents or letters that preceded them;
2. Have an answer to whether the case is arguable
You should be OK. You need to plan your arguments and read the court rules carefully. 

This isn't a bad little summary.
http://hjsolicitors.co.uk/article/setting-aside-a-default-judgment/ 

Could do with a bit on what constitutes service but i guess that's not a paragraph 

Johnersh

A Web link will do it - feel free to look too! 
https://www.civillitigationbrief.com/2014/05/18/service-of-the-claim-form-service-at-last-known-address-more-dangerbepoints-to-watch/ 

henrik777

Johnersh said:

A Web link will do it - feel free to look too! 
https://www.civillitigationbrief.com/2014/05/18/service-of-the-claim-form-service-at-last-known-address-more-dangerbepoints-to-watch/ 

   I've posted that link on numerous occasions.

I would submit that if a Gordon Exall blog post raises more questions than answers then the issue is neither clear nor concise.

1. Following the previous posts as to issues and problems relating to  service  of the claim form some responses have highlighted the difficulties of service at the “last known address”. The rules here are somewhat complex, a detailed knowledge is necessary.
2. THE ISSUES THAT ARISE

There are a number of issues here:

 When does a claimant have “reason to believe” that the defendant no longer resides or carry on business at that address. Is this an objective or subjective test?

What are the “reasonable steps” that a claimant has to take?

IN ESSENCE: JUST BE VERY CAREFUL

 If the claimant has any suspicion at all that the defendant does not remain at the “last known address” it would be prudent to check this prior to issue.

A prudent claimant should assume that lapse of time, or a failure to respond to correspondence, gives rise to a risk that the defendant has moved.

3. IF YOU CANNOT FIND THE DEFENDANT

Then you can serve at the last known address. However a claimant remains vulnerable if they cannot show that they have taken “reasonable steps” to find the defendant or an alternative address for service.  The notes in the White Book describe this requirement (or perhaps the drafting) as “ugly” and note that the provisions could be harsh, emphasising the importance of taking the steps outlined in (4) and (5).

4. Smith was interesting because it was the (effective defendant) the MIB that employed the enquiry agent that could not Mr Smith.  The new rules put the burden on the claimant to take reasonable steps. Could the MIB now argue that failing to employ another enquiry agent was not a “reasonable step”? Even after its own investigations had failed to find an alternative address. An “ugly” situation indeed.


I don't think Gordon Exall is giving a clear and concise path probably because there isn't one. If people of that calibre and others who are legally qualified point to it being a "difficult" or "unclear" point of law then i'm not in a position to declare them wrong.

Lots of Grey.

Sebastian83

Would you from your experience really recommend to go for a process in my case?
What makes me worry is that I really don't speak very fluent English and much more important, I don't have any knowledge of the English law and regulations, which is so much different than in Europe.
I'm worried that I will lose the case if I don't take the offer of Civil Enforcement. If I see it right I would now need to pay another £125 and could have a clean credit file in the next couple of weeks and a normal life again.
If I don't accept it, I could win and I could get my £265 back. But if I lose, I would need to pay another £300 that Civil Enforcement wants from me AND my life would be totally wrecked for another 6 years.
I really don't know if waiting for the appointment is the right decision. I have read the letter of the court, but it doesn't even say what I now need to do. Just that I have to send them my phone number 3 days before the appointment and that I have to explain my case to a judge and that I have 30 minutes.
I don't even understand, when and how I should submit my defense.

Redx

This first hearing is only about a set aside , not the court claim for the PCN

There would be a second hearing about the claim if CEL take it further , where you provide the defence etc , your defence to the actual original court claim , the set aside should contain details and directions on what to do and any deadlines

If you win hearing one for a set aside for CCJ 1 and yet lost hearing 2 , you pay the judgment within 30 days , preferably as soon as possible , to avoid the second CCJ  affecting your credit rating , so not trashed for 6 years , you are wrong there

So if you win the set aside and lose the subsequent case , pay up , ASAP , promptly , in full , to CEL

Most people going through this have no knowledge about the laws or legal topics , not just you , just stick to facts , not assumptions , if CEL cannot produce missing evidence you would expect them to fail , they are not very good at litigation where people fight back

Johnersh

@henrik777 I don't think it is ambiguous, but then I'm a lawyer. The point, to be fair to Gordon, is that this is case specific.

C will argue that it is entitled to rely on the dvla log, but that doesn't follow the more time the more conflicting evidence etc that there is that D *may* have moved.
 
The fact is that all lawyers are trained as to the importance of locating a correct address. The casual manner in which ppcs often issue to addresses obtained 3-4 yrs earlier is bordering on indefensible. The last known address concept is really there to stop people actively avoiding proceedings. Case law is awash with more inventive approaches - Facebook, insta, e-mail, SMS etc. 

henrik777

Sebastian83 said:

Would you from your experience really recommend to go for a process in my case?
What makes me worry is that I really don't speak very fluent English and much more important, I don't have any knowledge of the English law and regulations, which is so much different than in Europe.
I'm worried that I will lose the case if I don't take the offer of Civil Enforcement. If I see it right I would now need to pay another £125 and could have a clean credit file in the next couple of weeks and a normal life again.
If I don't accept it, I could win and I could get my £265 back. But if I lose, I would need to pay another £300 that Civil Enforcement wants from me AND my life would be totally wrecked for another 6 years.
I really don't know if waiting for the appointment is the right decision. I have read the letter of the court, but it doesn't even say what I now need to do. Just that I have to send them my phone number 3 days before the appointment and that I have to explain my case to a judge and that I have 30 minutes.
I don't even understand, when and how I should submit my defense.

They want maximum income for minimum expense. That is all they are interested in.

They used an old address. Most courts will set aside if they can't show they tried to find you, particularly if there was a lengthy delay between parking event and filing the claim.

Many arguing defective service get fees awarded.


A defence is after a set aside but can also assist with "a real prospect".



One of the reasons that people confuse themselves regarding set asides is the determination to perfect the defence which distracts so many from the main task of getting a set aside application done.