CCJ. Parking fine sent to old address

Olive_j

Hi all, I'd really appreciate any advice relating to the below draft order and witness statement.

 -Is there anything else I need to include?

-Should I attach a copy of the set aside request sent to VCS and the SAR (relating to points 5 and 6 below), or is this not needed?

-Does mentioning being the registered keeper but not the driver need to be included here, or would that go in the defence at a later date?

_________________________________

DRAFT ORDER
_________________________________

Upon reading the defendant’s application dated XX/XX/XX

It is ordered that:

1. The judgment dated X be set aside.

2. The Defendant shall file and serve its Defence by 4pm on [insert date]

3. The Claimant do pay the Defendant’s costs of this application to the sum of £255

4. The Claimant has permission to file and serve a reply if so required.

_________________________________

WITNESS STATEMENT OF X

_________________________________

I , X of  X, being the Defendant in this case will state as follows;

1. I make this Witness Statement in support of the application for an order that the judgment in this case (Claim No. X Judgment dated X) be set aside.

2: CPR 13.3 states (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.

3. I learnt of the existence of this claim on the X when I received a Notice of Debt Recovery from X requesting payment of the judgment detailed in paragraph 1 and immediately checked my Credit File as a result. [EXHIBIT X] I also contacted Northampton County Court to obtain relevant information relating to this default judgment.

4. I did not defend/acknowledge the original claim as the claim form and all details were not served to my current address. I was therefore unaware of the claim. The address on the claim is X. I moved to my current address on the X. 

In support of this, I can provide a copy of my mortgage agreement, bank statement, alongside a council tax bill and utility bill.  [EXHIBIT X] The above can also be found on my Experian Credit Report [EXHIBIT X]

5. On the X I sent a Subject Access Request to Vehicle Control Services along with a Data Rectification Notice to ensure all further communication goes to my current address (XXX)

6: On the X I made a written request to the land owner, X, inviting them to consent to set aside the judgment due to the reasons in paragraph 4.

On the X I made a written request to X, inviting them to consent to set aside the judgment due to the reasons in paragraph 4.

7. The Claimant did not respond to my request.

8. 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.

9. 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 9 months to establish an address. This has led to a defective service and an irregular judgement.

10. I therefore respectfully request that the Court sets aside the judgment in this claim and allows 14 days for me to submit my defence.

Statement of Truth

I believe that the facts stated in this Witness Statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Signed: _____________________________

Dated:

Le_Kirk

You've shown a four point draft order, it is more usual to append a six-point draft order.  Search the forum and/or use something like this (unless you have been advised by other ,more experienced posters to use the one you have shown): -

1. The default judgment dated [date] be set aside.

2. Costs to be reserved.

3. Unless the Claimant serves a copy of the Claim Form on the Defendant by 4 pm on DD/MM/YYYY 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 DD/MM/YYYY.

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.

Olive_j

Thank you @Le_Kirk. I have copied the draft order from legal beagles (around 3/4 down the page): https://legalbeagles.info/library/how-to-set-aside-a-county-court-judgment-ccj/

If I use the above, do I leave the date blank in point 3.?

Olive_j

I have also just received a Pre Enforcement Letter from Direct Collection Bailiffs. "you have failed to pay the outstanding balance of £257 relating to CCJ xxx or make contact to discuss the repayment of this debt. We will now recomment to our client the commencement of legal recovery action against you... this case is not subject to High Court or Bailiff action"

It makes me so angry that nothing was sent to my current address and yet DCB can get my address and bombard me with such letters.

Do I continue to ignore, or contact them and let them know about the N244 application?

Coupon-mad

I’d send them a copy once you’ve done the N244 and paid the fee to CCBC (have you checked to see if you are eligible fir Help with Court Fees - Google that?

Someone who sent theirs to the ‘CCBC fees’ email (Google it) this month got confirmation that their application was being allocated to the local court, the very next day!

Olive_j

Gosh that is quick, @Coupon-mad! I was worrying if I send them both off on the same day, I might get two hearings in one day. No, won’t be eligible for help. 

Coupon-mad

Well the court hearing dates are decided by your local court so once you get one hearing date through you could email the court and ask them to ensure the other one avoids that same week.

Olive_j

I have just received an email from CPM saying: “If you would like to request the removal of the CCJ, you will need to contact Gladstone’s Solicitors directly to discuss this”

I sent the set aside request to CPM, not Gladstone’s. Do I forward to Gladstone’s?

Coupon-mad

Yes, go ahead.

Olive_j

Coupon-mad said:

Yes, go ahead.

Should I just forward the original email sent to CPM & say please see below? I thought the email would already have been shared with them when I sent it to CPM.