CCJ - Parking fine (DCBL)

paulr23

Coupon-mad said:

You need to search again and read more results. Those other threads have exactly what you need, advice down to the nth degree, and you need to spend more than a few minutes reading them.

Find a good example and you can literally copy what others did.

Am I right in saying that I need a 

1. Draft order
2. WS
3. Default Judgement? 

If so, do I attach these to my N244 form?

paulr23

Coupon-mad said:

You need to search again and read more results. Those other threads have exactly what you need, advice down to the nth degree, and you need to spend more than a few minutes reading them.

Find a good example and you can literally copy what others did.

Ok I've found this... I've amended it to mine and removed unneccesarry parts. 

EDITED 16:28 4/3/22

DEFAULT JUDGMENT

1.1. I was the registered keeper of the vehicle at the time of the alleged offence.

1.2. I understand that the Claimant obtained a Default Judgment against me as the Defendant on 1st October 2021.  I am aware that the Claimant is UK PARKING CONTROL LTD, and that the assumed claim is in respect of an unpaid Parking Charge Notice from 27th February 2016.

1.3. The claim form was not served at my current address and thus I was not aware of the Default Judgment until 3rd of March 2022 following a check of my credit report.

1.4. The address on the claim is xxx. I moved from this address to my current address of xxx on 1st May 2019. The house where this charge was applied was owned by me (the defendant) up till 12th October 2020, I have attached a copy of the title deeds of the house where this Judgment was sent to as evidence of this.

1.5 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.

1.6.1 On that basis, I believe the Claimant has not adhered to Civil Procedural Rules (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 and use the address of my current residence. This has led to the claim being incorrectly served to an old address and an irregular judgment.

1.6.2 Under CPR 13.2 The court must set aside a judgment entered under part 12 if judgment was wrongly entered.  Given that CPR 6.9 (3) was not met, CPR 13.2 applies and the CCJ should be set aside.

1.6.3 The defendant was 'there to be found' for the sake of a 29pence bulk Experian trace or similar very inexpensive and immediate credit reference agency address check. If the defendant had used the original address details they had for me (current address) instead of doing a trace, I would have been notified of this judgement and could have taken action to prevent it.

1.7 Given that more than 4 months has passed from issue of proceedings and service of the claim was defective (i.e. it was never served) the Defendant submits that this particular claim is dead and the period for service cannot be extended by this application process.  The Defendant has no details of this claim, therefore, if the Claimant believes there is a cause of action then the correct procedure would be to file a claim afresh and to the right address, after furnishing the Defendant with the information required under the pre-action protocol for debt claims, issued this time to the correct address for service for this Defendant, which is (current address)

1.8 According to publicly available information my circumstances are far from being unique. The industry’s persistent failure to use correct and current addresses results is an unnecessary burden for individuals and the justice system across the country.

Furthermore, Prime Minister May publicly pledged to investigate ‘abuse’ of the CCJ System and so called ‘Credit Clamping’ as reported in the Daily Mail article dated 12 September 2016. The Right Honourable Sir Oliver Heald on 23 December 2016 "announced a crackdown on unresolved debts which can damage people’s credit ratings without them knowing. The action comes after concerns were raised that companies were issuing claims to consumers using incorrect addresses."

The Minister added "It cannot be right that people who are unaware of debts can see their lives and finances ruined by county court judgments. That in the digital age, we must ensure companies pursuing unpaid debts make every reasonable effort to contact individuals, rather than simply relying on a letter to an old address.” Furtherance to points raised in 1.3 above.

1.9 Considering the above I was unable to defend this claim. I believe that the Default Judgment against me was issued incorrectly and thus should be set aside and I ask the Court to kindly consider the reimbursement of the fee of £275 from the claimant should this request be successful.

 

--------------------------------------

WITNESS STATEMENT

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

 

a.         Set aside the default judgment dated 1st October 2021 as it was not properly served at my current address

b.         Order for the original claim to be dismissed.

c.          Order for the claimant to pay the defendant £275 as reimbursement for the set aside fee.

-----------------

DRAFT ORDER

UPON reading the defendant’s application dated (date when I will send an email with n244)

It is ordered that:

1. The judgment (case number) dated 01/10/2021 be set aside.

2. The claim struck out as the claim form having not been served within 4 months of issue. .

3. The Claimant do pay the Defendants costs of this application totalling £275 on an indemnity basis

D_P_Dance

Have ou seen this?  Nothing has been done so complain to your MP.

https://www.dailymail.co.uk/news/article-3786132/I-ll-end-credit-rating-scandal-pledges-PM-acts-Mail-exposes-rulings-ruined-lives.html

paulr23

D_P_Dance said:

Have ou seen this?  Nothing has been done so complain to your MP.

https://www.dailymail.co.uk/news/article-3786132/I-ll-end-credit-rating-scandal-pledges-PM-acts-Mail-exposes-rulings-ruined-lives.html

I will write to them once I get this settled looks although I have a strong case 

paulr23

Can someone advise me if my responses are good to go with to attach to my N244 form?

Coupon-mad

Perfect, I think!  Told you the search would find what to copy.  Easy when you know how.

paulr23

Coupon-mad said:

Perfect, I think!  Told you the search would find what to copy.  Easy when you know how.

Thanks I’m not sure if 1.6.3 is relevant to say about if they served it at the address  they had on file it would have reached me instead of doing a trace?

just a further question. Do I just email my local county court these details and attach the n244 form as well as 3 excel docs (+ title deeds) then phone them to pay?

also at the hearing would I mention that the claimant has to pay court fees

1505grandad

Just checking  -  the WS will have the usual Statement of Truth?

paulr23

1505grandad said:

Just checking  -  the WS will have the usual Statement of Truth?

Sorry, I’m not sure what that is?

Also is my WS not meant to be where I explain the detail?

Coupon-mad

paulr23 said:

Coupon-mad said:

Perfect, I think!  Told you the search would find what to copy.  Easy when you know how.

Thanks I’m not sure if 1.6.3 is relevant to say about if they served it at the address  they had on file it would have reached me instead of doing a trace?

Seems reasonable to say, because your parents live there, as you told us:

I did receive letters to my address where my car was registered to which is where I now live at again (my parents).

just a further question. Do I just email my local county court these details and attach the n244 form as well as 3 excel docs (+ title deeds) then phone them to pay?

Yes but I would also add that the Claimant's Code of Practice requires them to ensure the letters are reaching the person if intending to litigate more than 12 months after a parking event.

Attach a copy of the IPC Code of Practice page with that point circled and state that the Claimant held more than one possible address and could and should have sent their LBC to both, to try to engage with you and not just rely on any old address that popped up in your credit history.

And I'm not sure why they need title deeds (which property?) or which 'Excel docs' you are talking about?  It will be about proving you lived elsewhere in 2021, and were 'there to be found' and that the Claimant could have served letters to the DVLA address or found you at your current address.  Assuming a temporary address from 2020 was still good for service in late 2021 is just not good enough conduct by the Claimant.

Any WS must end with the statement of truth and your signature and date (see second post of Newbies thread).

also at the hearing would I mention that the claimant has to pay court fees.

At the end of your oral submission about why you didn't get the claim form, you would try asking for that to be ordered (or for costs to be 'reserved' until the PCN hearing) but they don't 'have to' pay it unless you convince the Judge they acted wholly unreasonably.

You need to know, you may not get the £275 ordered to be paid back to you.  Often it is, but not always.

Also, expect the Judge to ask a brief outline of the basis on which you intend to defend the PCN, should he/she allow the CCJ set aside.  You will need to know  what a defence looks like so read lots of similar court claim threads in the meantime, before the hearing.

I assume the parking firm is Excel?  Or who?