Ccbc claim help needed for defence.

Coupon-mad

You only need your word (plus even the CCBC admitted the postal strikes have caused this).  The court must hear you - but gather evidence.

When you ring them tomorrow, put the phone on loudspeaker and RECORD THE CALL ON ANOTHER PHONE (if yours doesn't give you that capacity for calls).

Tell the CCBC staff member that you are recording the call (you have to...) and find out all the answers you need plus ask them (IF the address was right) exactly which date they supposedly posted the claim and whether this has happened to anyone else, and why the CCBC have made no allowance at all despite knowing they were posting claims for known to be rogue parking firms, that the CCBC knew had little or no hope of reaching parking firm victim Defendants in time (or at all, in your case).

Ask how common this issue is so far in January.  You want all this recorded as evidence, so that the Judge is totally with you.

Be absolutely polite and friendly but determined to get answers recorded.  Don't get angry. Remember you are recording this for a Judge to listen to in a few weeks.

You also want the POC emailed afterwards by them and to know for this claim, which solicitor filed the claim?  Do not assume DCBLegal did...

Coupon-mad

Sasanova said:

 

on Saturday 27th I sent my response to dcblegal 2nd letter of claim which I put it on here, 
I deny all these claims robustly, you have ignored my point about estoppel. Now, it matters not whether the other cases are with your sister company or not. You are aware now you should have been anyway that these cases exist, and with one already being claimed , you should immediately cease and desist with the others.

You refer to BPA COP and again totally ignore my point that there has been a new entrance sign put up since these PCNs and the previous lack of an entrance sign is a direct breech of the COP. Further, the sudden arrival of this new sign is a de facto admission that the previous signage is inadequate.

You also have the evidence (above) of your emails to DCBL talking about cause of action estoppel at the pre-action stage.  You told the C not to file a fresh claim over essentially the same matters.

AND you have more than reasonable grounds of defending, which you already set out above at pre-action stage (signage).

And you are acting very promptly.

You tick ALL the boxes for CCJ set aside.

Any canny Judge will be convinced.

Sasanova

Coupon-mad said:

Sasanova said:

 

on Saturday 27th I sent my response to dcblegal 2nd letter of claim which I put it on here, 
I deny all these claims robustly, you have ignored my point about estoppel. Now, it matters not whether the other cases are with your sister company or not. You are aware now you should have been anyway that these cases exist, and with one already being claimed , you should immediately cease and desist with the others.

You refer to BPA COP and again totally ignore my point that there has been a new entrance sign put up since these PCNs and the previous lack of an entrance sign is a direct breech of the COP. Further, the sudden arrival of this new sign is a de facto admission that the previous signage is inadequate.

You also have the evidence (above) of your emails to DCBL talking about cause of action estoppel at the pre-action stage.  You told the C not to file a fresh claim over essentially the same matters.

AND you have more than reasonable grounds of defending, which you already set out above at pre-action stage (signage).

And you are acting very promptly.

You tick ALL the boxes for CCJ set aside.

Any canny Judge will be convinced.

Thank you Coupon-mad for your guidance without it I would have thrown the towel in long ago as you have been with me from the very beginning,I will do as you advise and it will be such a shame to let them win because of the CCBC action. 

Sasanova

hi I managed to ring CCBC following your advice also recorded the conversation, the administrator said the POC was sent to the correct address on 9/12/22 which I never received when I prompted her that her colleague thought it could’ve been as a result of the postal strike her response was I could take it up with the post office!! Now she just emailed me the POC which I enclose below 👇 

Claimant: UK PARKING CONTROL LIMITED

Claimant solicitor: DCB LEGAL LTD 

Telephone: 0203 434 0433

Reference: 101473.60894D

Judgment amount: £ 564.32

Particulars of claim:

 

1. THE DEFENDANT(D) IS INDEBTED TO THE CLAIMANT(C) FOR A PARKING CHARGE(S) ISSUED TO VEHICLE YP62SWW AT MCDONALDS FALLOWFIELD 206,336 WILMSLOW ROAD,FALLOWFIELD,M14 6ZQ MCDONALDS FALLOWFIELD 206,336 WILMSLOW ROAD FALLOWFIELD,M14 6ZQ. 2. THE PCN DETAILS ARE 17/09/2018,9421918262432,26/09/2018 9421918298371. 3.THE PCN(S) WAS ISSUED ON PRIVATE LAND OWNED OR MANAGED BY C. THE VEHICLE WAS PARKED IN BREACH OF THE TERMS ON CS SIGNS (THE CONTRACT), THUS INCURRING THE PCN(S).4. THE DRIVER AGREED TO PAY WITHIN 28 DAYS BUT DID NOT. D IS LIABLE AS THE DRIVER OR KEEPER. DESPITE REQUESTS, THE PCN(S) IS OUTSTANDING. THE CONTRACT ENTITLES C TO DAMAGES. AND THE CLAIMANT CLAIMS 1. £320 BEING THE TOTAL OF THE PCN(S) AND DAMAGES. 2. INTEREST AT A RATE OF 8% PER ANNUM PURSUANT TO S.69 OF THE COUNTY COURTS ACT 1984 FROM THE DATE HEREOF AT A DAILY RATEOF £0.04 UNTIL JUDGMENT OR SOONER PAYMENT. 3.COSTS AND COURT FEES

One question I have is when I fill the N244 can I use my witness statement from the previous case as it’s almost an identical case to this one?

Coupon-mad

One question I have is when I fill the N244 can I use my witness statement from the previous case as it’s almost an identical case to this one?

No because your WS for a set aside application is not so much about the PCN and is more about why under CPR 13.3 the court should set aside the CCJ.

Attach evidence of when the postal strikes were AND your email responses to DCBLegal at pre-action stage that show you were replying and would never have ignored a claim (and didn't, in the case of the other claim xxxxxxx which was robustly defended).  State that you are prepared to swear on oath that the claim was not served and that is still the position to date.  Attach the recording of you speaking to the CCBC about this issue.

You CAN append a defence as well (and I think you should) very similar to your last case, only adding in the usual paragraph about duplicate claims that you find when you search the forum for Henderson v Henderson defence.

You could read the one by @msx999 last year, as I think that was a straightforward WS in a set aside case.

You also need a Word doc Draft Order as shown in that thread.

Your 'reasons' for set aside in your WS are what I spelt out earlier, plus the fact this is effectively a duplicate claim that should have been within the earlier one (same cause of action and should never have been split across two claims which is an abuse of the court process).

Sasanova

I'm really sorry for being a little behind with the time at 62 it's a little overwhelming can you direct me how to find the witness statement by @smx999 please also is there a time limit to return the N244?
I thank you in advance 

Sasanova

Sorry meant @msx999

Coupon-mad

You just click on their username and then click on their 'discussion' (on their Profile page).

Us regulars are mostly your generation or older!

Sasanova

Hi there finished the witness statement to my best ability just wanted your take on it please. 

Witness Statement 

I am........and I am the defendant in this matter. This is my supporting Statement to my application dated ........requesting to:

1. Set aside the default judgement dated........,as it was not properly served at my current address. 

2. Order for original claim to be dismissed. 

3. Order for the claimant to pay the defendant £275 as reimbursement for the set aside fee, in addition £180 for time in preparation (12 hours as a litigant in person at a rate of £15 per hour).

1. I understand that the claimant obtained a default judgment against me as the Defendant on.....

I am aware that the claimant is UKPC Ltd, and that the assumed claims in respect of unpaid PCNs.

1. The claim form was not served at my current address and I thus was not aware of the Default judgment up until the arrival of the letter of judgment from the County Court Business Centre on the 13/01/2023

2. In addition to the above,  it should be highlighted that the integrity and law abiding intention of the Defendant should be taken into consideration on the basis that,  I discovered a CCJ was lodged against my name on the 13/01/2023 tarnishing my impeccable credit history. 

3. I immediately made contact with the CCBC on 13/01/2023 raising my concern in relation to the Default judgment only to be told by the court administrator that the claim may not have reached me as a result of the Postal Strike that took place on the 11th, 14th, 15th, 23rd and 24th of December 2022. 

4. I contacted CCBC again on Monday 16/01/2023 to obtain more information asking for the POC to be emailed to me and recorded the conversation (Recording enclosed).

5. I also refer to CPR 13.2(the court must set aside a judgment entered under part 12 if judgment was wrongly entered).

6. I submit the CCJ should be set aside under CPR 13.2(a) as the claim form was not served. 

7. Should the judgment be set aside. I am confident I can robustly defend the original PCN as originally the 3 PCNs identical, were being pursued separately since 2018, one was discontinued on 28/11/2022  by the claimant as a result of a robust defence.

8. This claim should never have been filed as is a case of “estoppel “as I already pointed this out to the claimant pre action  hence the amalgamation of the other 2 PCNs. (Relevant emails enclosed).

9. It is only evident by email responses to DCBLegal at pre action stage that I was replying and would never have ignored a claim (and did not in the case of the other claim  J9KF4249 which was robustly defended).

10. I am prepared to swear on oath that the claim was not served and that is still the position to date. 

11. 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 of trust without an honest in its truth. 

Coupon-mad

In 7 add the Claim Number of the earlier claim because it is unclear that you mean this is effectively a copycat claim where they split up PCNs to try to get several court bites at the cherry.

In 8 call it 'cause of action estoppel' and refer to Henderson v Henderson (search the forum for wording).

You haven't stated that the missing claim has still not turned up to date, thus it remains unserved.

You haven't mentioned that you acted promptly.

You haven't referenced CPR 13.3.

You need a Word Document Draft Order - read the thread by @Brokenchief