CCJ - Parking fine (DCBL)

Coupon-mad

I think do not use 'I' 'me' or 'my' because this isn't a witness statement.

Say 'The Defendant'.

Also don't forget to file and serve a costs assessment too. See and read the recent thread by @msx999 for what happened in their case and how the Claimant tried to trick the court into ordering no costs. 

I've suggested some new wording today in that thread, to add in order to secure costs and to make it clear that any draft Order supplied by the C is a disingenuous attempt at damage limitation.

paulr23

Coupon-mad said:

I think do not use 'I' 'me' or 'my' because this isn't a witness statement.

Say 'The Defendant'.

Also don't forget to file and serve a costs assessment too. See and read the recent thread by @msx999 for what happened in their case and how the Claimant tried to trick the court into ordering no costs. 

I've suggested some new wording today in that thread, to add in order to secure costs and to make it clear that any draft Order supplied by the C is a disingenuous attempt at damage limitation.

Thanks I’ll amend the wording soon.

paulr23

Ok here is my SA, I'll follow this message with my costs schedule too. 

IN THE COUNTY COURT

Claim No.:  xxx

Between

UK PARKING CONTROL LTD

(Claimant) 

- and -  

xxx

 (Defendant)

_________________

SKELETON ARGUMENT

 

1 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. As the defendant did not give an address to the claimant at which the claim could be served at (because the defendant was not asked), CPR 6.9 applies. CPR 6.9 stipulates that an "Individual" should be served at their "Usual or last known residence."

1.2 The defendant was not aware of the CCJ applied following a credit check in March 2022, the letters regarding the claim was sent to an incorrect address in August 2021 which the defendant moved out from in April/May 2019 (see email as evidence of this from council re single persons discount for council tax), the defendants details with DVLA were correct at all times, the claimant had the correct address but decided to do a trace against the defendant which returned an old address

1.3 Furthermore to this, see witness statement which mentions that any letters since the defendant moved from the address where the claim was sent to were marked as not known at this address and returned to sender, which the claimant would have been made aware of as they would have received returned mail, but still decided to take action instead of using the defendants last known residence, which would have been correct.

2. 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)

2.2 There are several authorities for this, including the judgment in Boxwood [2021] EWHC 947 (TCC), which is a reminder of the strictness of the requirements of CPR 7.6 and how difficult it is to use other parts of the Civil Procedure Rules to rectify a failure to serve the claim form within the requisite period: “A claimant is not entitled to rely on the wide, general powers under CPR 3.10 or CPR 3.9 to circumvent the specific conditions set out in CPR 7.6(3) for extending the period for service of a claim form.

2.3 In Vinos v Marks & Spencer plc [2001] 3 All ER 784 the Court of Appeal considered whether any extension of time should be granted under CPR 7.6 in circumstances where the defendant had been notified of the issue of a claim form but the claim form had not been served within four months as required by CPR 7.5 and the application was made after expiry of that period. The court refused to grant relief on the basis that it did not have power to do so.

3 Under British Parking Association Approved Operator Scheme which UK PARKING CONTROL LTD are a part of their code of practice states 23.1.C “Before serving a Letter Before Claim and prior to the issue of proceedings, Operators must, if no responses have been received to the NTD/NTK/reminder letters, take reasonable endeavours to ensure that the contact details for the person you are writing to are correct.” The claimant held more than one possible address and could and should have sent their LBC to both, to try to engage with the defendant which they have failed to comply with.

4 Given that the claimant knew the defendants last known address which they obtained from the DVLA, the defendant would conclude that a set aside is mandatory under CPR 13.2 due to the claimants incorrect service to an inaccurate address which they would have been made aware of due to receiving returned mail

paulr23

IN THE COUNTY COURT

Claim No.:  xxx

Between

UK PARKING CONTROL LTD

(Claimant) 

- and -  

xxx

 (Defendant)

_________________

DEFENDANT’S SCHEDULE OF COSTS

 

 

(a) Ordinary Costs

 

Court fee for N244 application for set-aside:	£ 275.00
Loss of earnings/leave, incurred through attendance at Court	£ 90
Sub-total	£ 365

==================

(b) Further costs for Claimant's unreasonable behaviour, pursuant to Civil Procedure Rule 27.14(2)(g)

There is no reasonable justification or lawful explanation for the Claimant's conduct

The following additional costs are sought on the indemnity basis for the Claimant's unreasonable conduct based on the facts of this case.

Research, preparation and drafting of documents (8 hours at Litigant in Person rate of £19.00 per hour)	£ 152.00
Sub-total	£ 152.00

 

==================

(£365) + (£152) = £ 517.00 TOTAL COSTS CLAIMED

paulr23

I have submitted the new witness statement (from my ex partner regarding returned mail) also I have submitted the schedule of costs and skeleton argument above to my local county court.

Do I need to send anything else to DCB Legal as I've only sent them the N180 form so far? I've seen posts say about sending the SA to them etc, or do I need to send this to UKPC? Or do I just leave it and now await the hearing.

Coupon-mad

EVERYTHING must also be emailed to DCBLegal. You are currently in breach if you have not!

Do it right now, including the skelly, all attachments, the transcripts, costs assessment, your WS plus attachments proving address, the extra WS, draft defence, N244, the whole 'kit and caboodle'.

Just put:

Please find attached my bundle in support of my N244 application (CCJ set aside of claim number xxxxxxx) which has been filed with the court for the hearing on xx/xx/2022.

paulr23

Coupon-mad said:

EVERYTHING must also be emailed to DCBLegal. You are currently in breach if you have not!

Do it right now, including the skelly, all attachments, the transcripts, costs assessment, your WS plus attachments proving address, the extra WS, draft defence, N244, the whole 'kit and caboodle'.

Just put:

Please find attached my bundle in support of my N244 application (CCJ set aside of claim number xxxxxxx) which has been filed with the court for the hearing on xx/xx/2022.

Thanks, all sent off now. 

Wish me luck, I'm a little nervous, hopefully the C does not turn up and therefore it will make it a bit easier (from reading other posts)

paulr23

I've just sent some bank statements to DCB Legal and my local CC which are dated around the time the claims forms were sent proving the address was incorrect. 

paulr23

Hi all,

so I’ve had a message from DCBL today agreeing that they would consent to set aside the CCJ and that they would pay me the £275 (I think) see attached. 

I’m not sure if this would mean they can then pursue me for the claim again, or where they have wrote it’s dismissed then it would have to be renewed and therefore the claims statue barred as would be a new claim?

Do I accept this, is this wise and save myself the hassle of going to court? Appreciate any advice

  

paulr23

I have until tomorrow at midday to respond to them, they have got my address wrong in the bottom right as they put the old address so I will advise them of this.

I’m not overly bothered about getting my costs back for time wasted researching, just getting the cost back which I paid which they will pay me is what I’m ok with. Just glad this is over with 

@Coupon-mad thanks so much and anyone else I might have missed