Ccbc claim help needed for defence.

Sasanova

Ok will do, do I need to send anything to Dcblegal at the same time or just CCBC?
 Thank you 

Coupon-mad

I would copy them in.

Sasanova

This is the final corrected draft order and witness statement before sending it off in the morning. 

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 for  time in preparation (12 hours as litigant in person at a rate of £15 per hour).

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

¡) 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 

¡¡) 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;

¡¡¡) 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.

Witness Statement 

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

1. Set aside the default judgment dated 9/01/2023, 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 9/01/2023.

I am aware that the claimant is UK Parking Control Ltd, and that the assumed claims in respect of unpaid Parking Charge Notices.

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

3. 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. 

1. 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. 

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

3. 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 

4. In addition I refer to CPR 13.3.

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

6. Should the judgment be set aside. I am confident I can robustly defend the original Parking Charge Notice as originally the 3 Parking Charge Notices 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.

7. 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 at pre action  hence the amalgamation of the other 2 Parking Charge Notices. (Relevant emails enclosed).

8. 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  estop 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. 

1. 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).

2. I also enclose a copy of my defence pdf that succeeded in achieving discontinuance in claim J9KF4249, 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. 

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

4. 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

Looks good except remove 'properly' early on in the WS because the claim simply 'was not served'.

Sasanova

You are absolutely spot on as always Coupon-mad thank you so much for your diligence. 

Mouse007

I trust you are grateful for the excellent advice and support you have received over this nightmare saga.

Can I ask a favour of you? Last night BBC’s WatchDog ran an story about rogue private parking companies and invited views to get in touch if they struggling with an unfair parking charge.  Please email them at watchdog@bbc.co.uk about your problem. Perhaps start (we want an eye catching opener to get them reading)

I have had 4 years of hell over three parking charge notices issued at Mc Donalds. At the last minute DCB Legal dropped their legal action on one of these tickets only to commence proceeding on the other two. Unfortunately I never received the subsequent Count Court Claim form, perhaps due to the December postal strikes, and now have a Judgment registered against me.

Add a bit more about tickets being for identical events but don’t make it too long or technical. I think the ley message is the sneaky dropping of one case to slip the other through behind your back.

You can see my sent email here

Sasanova

Can I ask one more question before sending the N244 where it asks in what order are you asking the court to make and why?
can I put this?
1- the Defendant seeks an order setting aside the judgment dated……..pursuant to CPR13.2 and 13.3.
2- the Defendant seeks the order to set aside because he was unaware of the proceedings.
3- the claimant served proceedings at a time of consecutive days of postal strike which would not have given enough time of a reply to the defendant even if the claim had been served to the defendant’s address.

Coupon-mad

4. Further, the Defendant seeks an Order that this claim be struck out, on the basis of cause of action estoppel.

63realfan

Hi again Coupon! 

Sasa just read your nightmare on this. Going through the same thing in reference not receiving the claim forms. 

Coupon - not sure whether it’s best to ask on my thread we were speaking on or here. Noted down some important jobs to do including carrying out a call to the court and recording it. 

I’m just a tad worried I’ll do the set aside and lose as my defence won’t be as strong as Sasa’s. The difference with mine is I literally do not have a clue what claim they’re talking about & I’m worried the judge will say “so why did you not reply to any of the other letters sent out before the court claim letters (the threatening ones with no enforcement). 

Not sure if it merits goodwill but I do work for the police & have my own business so not sure if that would aid me in suggesting if I ever received any claim forms I would of replied to not risk any harm to my business or work via a CCJ (we have to inform management when getting a CCJ of which I’m going to have to do) 

I almost feel is it worth just paying the £305 to have it forgotten about as I doubt I’ll be able to defend whatever parking ticket I’ve got anyway. I suppose the only positive would be that it would go back to the original claim wouldn’t it if thrown out or court meaning the fee would only be £100+? Be funny if I went to the land owner and had it thrown out that way!! 

Sasa - also nice work invoicing your labour time. Loved that! Just a tad worried going in front of a judge with my only defence being I didn’t receive the claim forms but have ignored letters in the past! 

Let me know. Thank you 

Boat_to_Bolivia

Lukeapple63 said:

Hi again Coupon! 

Coupon - not sure whether it’s best to ask on my thread we were speaking on or here. Noted down some important jobs to do including carrying out a call to the court and recording it. 

I almost feel is it worth just paying the £305 to have it forgotten about as I doubt I’ll be able to defend whatever parking ticket I’ve got anyway. 

@Lukeapple63 Yes best to post comments on your own thread.

No of course you don't pay. Follow the advice given and CM et al will help guide you through.