CCJ. Parking fine sent to old address

Le_Kirk

Olive_j said:

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.?

Whichever draft order you choose to use, you leave the dates blank or show them as DD/MM/YYYY so that the judge can fill them in.  This is why it is best to use a Word document and show that you are being helpful to the judge.

Coupon-mad

Up to you but none of this is needed AT ALL yet.  A defence doesn't have to go with the N244.  It can follow.

Olive_j

Thank you @Coupon-mad, I didn’t know that. So I am ok to just send over the N244 and the witness statement / draft order? And attach the documents as proof. Is that what I’m supposed to do?

Coupon-mad

Yes indeedy, but as I told you by pm you might just want to wait one more week to see if you get consent as the court fee is then £100 and that might sort out one of both of them to your satisfaction in the coming days.  

It would be a shame to pay the court a non refundable £255 then find in 48 hours that one of the PPCs is prepared to consent and maybe make a settlement offer or cancel the PCN, depending upon their view and the pressure from the landowner.

Olive_j

Thanks @Coupon-mad. Yes I’m taking your advice and waiting to see if I hear back. I’ve sent a follow up email to the second PPC and I’ll ensure all my documents are ready and waiting to send if I don’t hear back. Thank you :-) 

henrik777

Olive_j said:

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/2021

It is ordered that:

1. The judgment dated XXX 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 XXX

_________________________________

I , XXX of  XXX, 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. XXX Judgment dated XXX) 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 XXX when I received a Notice of Debt Recovery from Direct Collection Bailiffs LTD 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 XXX. I moved to my current address on the XXX 2019. 

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 XXX 2021 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 XXX 2021 I made a written request to the land owner, XXX, inviting them to consent to set aside the judgment due to the reasons in paragraph 4.

On the XXX 2021 I made a written request to Vehicle Control Services Limited, 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: 19/07/2021

Why are you putting in CPR 13.3 then arguing about CPR 6.9 (3) when faulty service is 13.2 ?

henrik777

Le_Kirk said:

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.

I don't like costs reserved if putting forward an argument based on faulty service. If the claimant is to blame they should pay.

Olive_j

henrik777 said:

Why are you putting in CPR 13.3 then arguing about CPR 6.9 (3) when faulty service is 13.2 ?

As I’ve previously mentioned, I’ve no clue what I’m actually doing here. It was written on a previous example which was highlighted as a good template to use. So change 6.9 (3) to 13.2? 

I’m also not sure what costs reserved actually means either? 🙉

Coupon-mad

You should only be talking about CPR 13.2 and CPR 13.3.  Not sure how 6.9.(3) crept in.

@henrik has explained.  He means don't ask for your costs (£255) to be reserved, ask for them to be paid by the Claimant!

henrik777

Coupon-mad said:

You should only be talking about CPR 13.2 and CPR 13.3.  Not sure how 6.9.(3) crept in.

@henrik has explained.  He means don't ask for your costs (£255) to be reserved, ask for them to be paid by the Claimant!

6.9 (3) is fine because that's the court rule on service of the claim form.

13.2 service is very important. The claimant is automatically to blame and costs should be pretty much automatic if won.

13.3 is where you say, well as i didn't get the court paperwork so that's a pretty good reason to set aside but the claimant has a far better chance of escaping the blame and thus costs.