CCJ after CN

henrik777

Always seek consent.

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part13#13.3

(2) In considering whether to set asideor 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.

tommoCF

Thanks - but if I seek consent from the PPC and they grant it, won't I then have to pay £100 (without propect of reimbursement)?

henrik777

Depends what you ask for and they agree to.

If you're not willing to pay it ask them to. If they refuse you can at least show the court you tried and were forced to apply without consent.

The reason someone would agree is to avoid higher costs further down the line.

Sure they probably won't but protect your position.

tommoCF

Many thanks henrik777, that all makes good sense.

I've been looking back through the newbies threads and found some guidance you gave Drewbie1234 back in 2019 about how best to contact the PPC re set aside with consent. Hopefully I've used the right section from those posts as a template, adapted for my own case, as below? When I mention them bearing costs at the end, that would just be the £100 set aside with consent court fee wouldn't it? The charge itself and added-on pseudo costs etc would be contested as part of the case itself, following the set aside? If the text below seems ok I'll email it to them asap.

Dear XXXXX,

Re: Country Court Claim No. XXXXX 

Re: Charge Notice Ref No. XXXX

On XXXX you were awarded a county court judgement against me to recover the outstanding amount for a charge notice relating to a parking event that took place on XXXX.

The judgement was sent to an address I had not lived at for some time, which you had obtained from the DVLA on XXXXX. 

You did not attempt to make contact before serving proceedings in the substantial period of time after obtaining these address details. An electoral roll search would have shown that I was not registered at the address in question. 

The freeholder who owns and manages the estate on which I was parked, and with whom you have some form of arrangement, was in receipt of my correct up-to-date address.

For this reason it is clear that you failed to take reasonable steps to ascertain the address of the defendant’s (myself) current residence or place of business (‘current address’).

As service was defective and not valid, the court must set aside your judgment pursuant to CPR 13.2

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part13#13.2

Cases where the court must set aside judgment entered under Part 12

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

Conditions to be satisfied

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.

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part12#12.3

The relevant time for filing an acknowledgement of service

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part10#10.3

The period for filing an acknowledgment of service

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; and

(b) in any other case, 14 days after service of the claim form.

(2) The general rule is subject to the following rules –

(a) rule 6.35 (which specifies how the period for filing an acknowledgment of service is calculated where the claim form is served out of the jurisdiction under rule 6.32 or 6.33);

(b) rule 6.12(3) (which requires the court to specify the period for responding to the particulars of claim when it makes an order under that rule); and

(c) rule 6.37(5) (which requires the court to specify the period within which the defendant may file an acknowledgment of service calculated by reference to Practice Direction 6B when it makes an order giving permission to serve a claim form out of the jurisdiction).

If the claim form was not served (or validly served as some may put it) the time limit for acknowledging service has not begun. If it hasn't begun it can't have expired. If it hasn't expired that is a mandatory set aside.

This is on point with the court of appeal in Dubai Financial Group Llc v National Private Air Transport Services Company (National Air Services) Ltd [2016] EWCA Civ 71 (09 February 2016)

Moreover, I do not consider that the CPR presents an obstacle in the circumstances of this case to setting aside judgment. CPR 13.2 provides that the court must set aside a default judgment where any of the conditions in rule 12.3(1) and 12.3(3) was not satisfied. The latter provision does not apply, but the former is relevant. CPR 12.3(1) states that a 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 and (b) the relevant time for doing so has expired (my italics). I accept Mr McLaren's argument that, when an order for retrospective validation of an alternative method of service has been made pursuant to CPR 6.15(2) the relevant time for filing an acknowledgment of service is the period which the court must specify under CPR 6.15(4)(c). Where, as in this case, the court did not specify any such time there can be no relevant time which has expired for the purposes of CPR 12.3(1). If this analysis is correct the requirements of CPR 12.3(1)(b) have not been satisfied and so the court is obliged to set aside the default judgment pursuant to CPR 13.2(a).

I do not see it as a draconian consequence that a judgment, obtained after deemed service has been effected without specifying a time for that service to be acknowledged, should be set aside as of right in such a case. I agree that CPR 13.2 specifies the circumstances in which a default judgment must be set aside and in my judgment one of those circumstances is when judgment is entered in default of an acknowledgment of service when "any of the conditions in rule 12.3(1)…was not satisfied". Here one such condition was not satisfied, namely the time for acknowledgement of service had not expired, because none had ever become applicable.

This, to my mind, is not "playing technical games" (c.f. the passage from the Abela case, cited at paragraph 11 in the judgment of Longmore LJ). It is merely applying the principle that due process should be followed. If a defendant has never become under a valid obligation to acknowledge service, either as specified under the rules or by order of the court, I do not see how it can be that a judgment can be entered against him in default of such acknowledgment. He is simply not in default at all.

In light of the above, and the over riding objectives (CPR 1) i invite you to consent to a mandatory set aside, with the costs borne by yourselves which will be cheaper than obtaining the same result without consent.

Please respond within three days.

Sincerely,

Coupon-mad

'Country court claim number?

tommoCF

oops! thank you! (amended to county)

tommoCF

I contacted the PPC inviting them to consent to a mandatory set aside, as above. They've responded saying they can't find my details using my name or the CCJ claim number (I also supplied the date of the driving event and the CCJ date). They've requested I send them my vehicle registration or the CN number.
I wondered if there's anything to be wary of if supplying them with this additional information, for example with regard to a subsequent case?

Coupon-mad

It's fine, and if they plan a subsequent case you can respond saying that ship has sailed due to cause of action estoppel (i.e. they should have filed all PCNs in one claim).

tommoCF

Many thanks - I provided the PPC with the vehicle registration on 7 June, following my 4 June email to them inviting consent for a mandatory set-aside with costs borne by them. I asked them to respond within three days and have heard nothing back.
Is it now time to complete an N244 requesting set-aside without consent? And should I include somewhere in the N244 form text that I've already sought consent for a mandatory set-aside from the PPC? 

Coupon-mad

Yes, crack on!