DCBL legal CCJ saga (case won)

nosferatu1001

You;ve already filed it all, yes?
Did you file Draft Defence, order, WS and Exhibits?

Jsalomonuk

Hi
So no all that was filed by advice from cab is what I posted originally, that they dcbl knew my correct address and they were claiming for inflated costs.
Proof of the correspondence with dcbl and that's it.

nosferatu1001

So there is a hint there - I would file at least a witness statement detailing why you should be granted a set aside, and referencing CPR13.2 and CPR13.3
I would also suggest you file exhibits proving they had your current address prior to filing. 
Lastly, I would suggest you drag out the draft defence by going to the TEMPLATE defence thread, spending 10 minutes giving some background in 2 and 3, and eitehr file it or have it to hand. This shows "any other good reason", which is what CPR13.3 allows. 

Jsalomonuk

Ok so I'm getting a bit lost here.
I have already filed with the court what I posted in my second post which I believe does detail why It should be granted, and I guess I have also provided the exhibits they had my correct address.

This draft defence you speak of do I need to submit this to the court now or when it comes to the hearing ? As no defence was put in other than my statement about abuse of process for false costs 
 

nosferatu1001

That isnt a defence though. It is double recovery, but that doesnt defend the underlying claim. 
Was that posted on the N244? Did it have a statement of truth - and the current one, from 2020, not the older one?
A WITNESS STATEMENT requires a statement of truth, otherwise it is NOT a WS. DId you actually file the documents proving this, and did you introduce them or just randomly attach?

Have you read CPR13.2? 13.3? Did you set out the grounds for set aside, in your WS, referencing CPR13.2 and CPR13.3? If NOT then I am suggesting, rather heavily, that you might want to do so. 
Defence - You can supply it on the day if asked what your defence would be, or file it now. 

Jsalomonuk

Hi

So I don't really know how to answer this,  the witness statement I wrote and the detail of the N244 I have posted, I have a severe disabilitie in dealing with such matters and as such got citizens advice to help me draft what was send I have copied this again below

in section 3

I seek to set aside the County Court Judgement dated 12/12/20 because:

• The Claimant, or their legal representatives, should have known that I had moved,

and did not try to find my current address or consider another way of sending the

claim to me.

• I have proof that The Claimant, or their legal representatives, knew of my new

address before the claim was issued.

• The Claimant, or their legal representatives, have added an additional sum of £60 to

the original £100 parking charge, for which no explanation or justification has been

provided. The Defendant has the reasonable belief that the Claimant has not incurred

£60 costs to pursue an alleged £100 debt. Schedule 4 of the Protection Of Freedoms

Act, at 4(5), states that the maximum sum which can be recovered is that specified in

the Notice to Keeper, which is £100 in this instance. Despite this the Claimant has

claimed for £192.54.

I also request any enforcement be stayed and the Claimant to pay the defendants

costs.

For Insertion at section 10 of form N244

This case refers to a parking fine imposed by Capital Car Parks Ltd which I apparently incurred

in London in February 2019. I was not made aware of the fine at the time, and only became

aware of it when I was alerted by a warning from a credit reference site on 15 December 2020

that I had an outstanding county court judgement against me, following action taken by DCBL

Legal on behalf of Capital Car Parks. The Vehicle in question was part exchanged for a new

car 3 month after the alleged contravention. I have lived at a number of different addresses

since February 2019 due to work commitments, and I can only presume that notification of the

fine has been sent to incorrect addresses. I had to call the court in order to get details of the

alleged fine as have had no communication with the claimant or their legal representatives

over this matter.

DCBL Legal contacted me at my correct address on 30 October 2020 on another matter but

dropped action on 3 December 2020 (the exchange of correspondence is attached). The

Claimant, or their legal representatives, DCBL Legal were therefore at fault in applying for a

county court judgement on 6 November 2020 on the grounds that the February 2019 fine had

been unpaid when they knew my correct address but had been pursuing me at an incorrect

address. I was thus precluded from dealing with the matter before it went to court, and from

defending myself in court.

It would appear based on my previous correspondence with DCBL on the other matter that the

claimant is also in breach of . Schedule 4 of the Protection Of Freedoms Act, at 4(5),which

states that the maximum sum which can be recovered is that specified in the Notice to Keeper.

The Defendant avers that this inflation of the considered amount is a gross abuse of process

and an attempt at double recovery by the Claimant, which the Court should not uphold.

I was delayed in sending this application while I sought advice from the CAB."""

Obviously I had no idea at the time the company who took ne to court only started in August and the other things I had as a defence.

D_P_Dance

They seem to have acted unreasonably/improperly here and wasted a considerable amount of your time.  Have you considered asking the court for damages/costs?  CPR27.14(2)(g) may be of assistance.  Have you complained to your MP?

nosferatu1001

So it did not have a statement of truth? That means it is not a witness statement. You should be ok as what you wrote was long, but be prepared to answer IF the court asks why
There is only so much we can help with on a text only forum. 

Jsalomonuk

So I've looked at what I send on the n244 form and it the statement in section 10 I made IS the statement of truth and was signed as such,

I signed that I believe the Statement in section 10 was the truth 

nosferatu1001

Perfect. That is a big help

Have you read up as instructed? CPR13.2 and CPR13.3 
They are short bullets on the grounds by which a court can order a set aside. The first is a mandatory reason - if the court finds it is true then the court must set aside the judgment. This is effectively the "they didnt serve the claim form correctly" - ie to a good address, and they had reasonable knowledge to know the address was wrong, because the solicitor firm filing it had your current address. At the very least it should trigger a check as to which one of the two is right, and they cannot hide behind it.
The second is discretionary - any other good reason - and that is where having a defence is helpful, as it shows you have a reasonable prospect of success in a coutr claim
It is useful to know what you are asking the court to do, and why your application meets one or both. THat way you dont get flummoxed if asked

IF the claimant is on the hearing, and mentions their consent offer - point out it came 5 months after you filed the N244, far far too late to be of any use.