Ccbc claim help needed for defence.

Sasanova

OK I made some changes that you advised as enclosed below however I'm a little confused by the the whole issue of word document draught order!? Can it be sent as PDF? Also in the examples I have read by msx999  there are points about served to a wrong address which doesn't apply. Do I say it never arrived? Also the point about the claim form having not been served within 4 months of issue? 

Sasanova

I'm sorry I've added the unchanged witness statement by mistake I will try again.

Sasanova

Witness Statement 

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

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

b) Order for original claim to be dismissed. 

c) 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.

2- 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

3- The missing claim has still not turned up to date, thus it remains unnerved. 

4- 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. 

 

5- I acted promptly by immediately contacting 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. 

6- 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).

7- I also refer to CPR 13.2(the court must set aside a judgment entered under part 12 if judgment was wrongly entered). Claim  number J9KF7T2M

8- In addition I refer to CPR 13.3.

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

10- 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.

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

12- It is only evident by email responses to DCBLegalat 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).

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

14- 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

You can edit your posts using the cog wheel.

I'm a little confused by the the whole issue of word document draught order!? Can it be sent as PDF? 

Nope. Word doc.

A Draft Order is a draft that you want the Judge to use as a working document, edit the dates & details into and grant everything you are asking for!

The 4 moths dead argument doesn't apply to your case and nor does the 'wrong address' point.

The fact remains that the court claim was not served and a huge amount of CCBC post (including claim forms)  purportedly issued during the pre-Xmas postal strikes seems to be in a Royal Mail black hole somewhere.

Coupon-mad

Typo here:

3- The missing claim has still not turned up to date, thus it remains unnerved

You  still haven't added what I suggested:

the other claim number to point 10

and

Henderson v Henderson wording (copied from this forum by searching for it)

1505grandad

And for consistency there is no middle "e" in Judgment  -  see later in your document and Google "CCJ"

"a) Set aside the default judgement dated....."

Sasanova

Hi I’ve made the changes you asked and a draft order, how does it look now?

Draft order

Upon reading the defendant's application dated......

It is ordered that,

1- The judgment for claimant dated......be set aside as the claim form was never received at the defendant’s address. 

2- The claimant to pay the Defendant's cost of this application £275 in addition £180 due to Defendant’s time in preparation (12 hours as litigant in person at a rate of £15 per hour).

3- All enforcement to be put on hold pending the outcome of the application.

Witness Statement 

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

a) Set aside the default judgment dated........,as it was not properly served at my current address. 

b) Order for original claim to be dismissed. 

c) 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.

2- 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

3- The missing claim has still not turned up to date, thus it remains unserved.

4- 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. 

 

5- I acted promptly by immediately  contacting 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. 

6- 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).

7- I also refer to CPR 13.2(the court must set aside a judgment entered under part 12 if judgment was wrongly entered). Claim  number J9KF4249 

8- In addition I refer to CPR 13.3.

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

10- 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(claim number J9KF4249) by the claimant as a result of a robust defence.

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

12- I also submit in Henderson v Henderson [1843]67 ER 313 

¡) when a matter becomes subject to litigation,  the parties are required to advance their whole case;

¡¡) the Court will not permit the same parties to reopen the same subject of litigation regarding matters which should have been advanced in the earlier litigation.

Should both claims relate to the same VRM, the claimant filing the first claim and failing to advance the whole case,  any cause of action was immediately extinguished for any other similar fact Parking Charges against the Defendant . The courts may stop a second claim where the cause of action is substantially the same. The Defendant invites the court to dismiss the second claim under the grounds of cause of action estoppel. 

13- 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).

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

15- 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

Much better WS - as long as you attach your evidence.

Also attach a copy of your signed & dated defence PDF that succeeded in achieving discontinuance in claim J9KF4249 and state that this shows that the Defendant has very good chances of successfully defending this claim, should the court not in fact strike this (all but duplicate) claim out.

How are you planning to attach the recording of your phone call to the CCBC?

Put UKPC's full name and PCN in full, instead of the acronyms.

The sum of money in your draft Order doesn't match what you are asking for in your witness statement.  Make them consistent.

Typo here, the legal word is 'estop' (not stop):

"The courts may stop a second claim where the cause of action is substantially the same. "

And change this in your draft Order:

3- All enforcement to be put on hold pending the outcome of the application.

to:

3- The claim is hereby struck out, under the doctrine of cause of action estoppel, it being noted by this court that:

(i) the Defendant responded at pre-action stage to point out that the Claimant's duty was to combine all similar parking charges into a single claim, and

(ii).  by filing claim J9KF4249 first, in isolation, this legally represented Claimant will know that any right to file a similar claim later (for matters where the cause of action is substantially the same and which could and should have been advanced in claim J9KF4249) was extinguished;

(iii). when a matter becomes subject to litigation, the parties are required to advance their whole case.  The Claimant failed to do so and in the premises, the courts will not allow a second near-duplicate claim to continue.

Sasanova

Thank you Coupon-mad, I will rectify all the mistakes and carry out all the other points you have made in regards with the recording when you press and hold the file it gives you an option to share to email so I thought I could do it that way unless I'm wrong the other question I had can everything else be sent as PDF except the draft order that has to be sent as a word doc? Also on the N244 asks how do you want to have this application dealt with? At a hearing without a hearing or at a remote hearing? Do I opt for the first option at a hearing?
Finally how long do I have before emailing the CCBC?

Coupon-mad

At a hearing, definitely.

Finally how long do I have before emailing the CCBC?

The sooner the better (this week). Don't delay.