Help please - CCJ & Debt Recovery – from unknown Parking fine

Coupon-mad

I need to know exactly what CEL have asked for but as the Courts have not worked on the CEL email yet I have not seen it.

So do you think I should email the court and ask to see this email from CEL?

Absolutely. And copy in CEL.

You need to know what Directions are being sought and you need to tell the court that you wish to see and are likely to object to CEL's application because the claim cannot be resurrected (authority - the Boxwood case was as adduced at the hearing).

Finish by saying you wish to be copied into everything from now on and to be sent (by return, by email) a copy of the application and after that, the resulting Directions.

Jenni_D

OK - that order says CEL must pay you your set aside costs regardless of whether or not they provide contact to the court re. directions. Has the payment by date passed yet? If yes then inform CEL (by email) that they are in breach of the court order and they have X days to pay else you'll seek to enforce the order, and costs of enforcement will be added.

Coupon-mad

Good spot. Add that to the email!

Jack5656

Thanks both for the advice, I will send an email to court and cc CEL.

But do you think CEL have a right to ask for the 2nd hearing based on that court order? Doesn't CPR 7.5 say we're beyond the 4 month period now to revisit this claim?

Also if CEL get a 2nd hearing and the Judge orders me to pay the PCN - surely I am within my rights to say the amount must be no more than the original charge (£56 in 2018 if paid in 14 days) as I never had a notification or opportunity to pay that amount at the outset 4 years ago due to CEL negligence.

Coupon-mad

All of that is potentially arguable but you do need to find out first, what this new hearing will be about.

Jack5656

OK this is the email I have drafted to court - I may have too much detail in here so can shorten it - but I wanted to write it all out (for my own understanding) to distill the correct argument about the 4 month limit and reference to Boxwood / CPR 7.5....etc

Dear Court Manager,

I am the Defendant and refer to the judgment dated xx June 2022. This states the Claimant had until xx June 2022 to notify the court what directions they seek to take or the claim is to be struck out.

I phoned the Court on xx June 2022 and was advised that the Claimant emailed the Court on xx June 2022 with their response. However I the Defendant have not been provided with this information.

I wish to know what Directions are being sought by the Claimant and I wish to see the email the Claimant has submitted to the Court.

I will object to the Claimant’s application for any further hearing because their claim cannot be resurrected.

The Claim Form dated xx xxxx 2018 was never served on the Defendant’s current address which resulted in the set aside ruling of xx June 2022.

Given that more than 4 months has passed (CPR 7.5 refers) from issue of proceedings (xx xxxx 2018) and service of the claim was defective (i.e. it was never served) the Defendant submits that this claim is dead and the period for service cannot be extended by any further application. I refer to decision in Boxwood Leisure Ltd v Gleeson Construction Services Ltd & Another [2021] EWHC 947 (TCC) where the Claimant failed to serve the claim form by the date ordered. Limitation had expired and the Court dismissed the application.

I wish to be copied into everything sent and received by the Court in correspondence with the Claimant from now on please.

I request that you send me (by return, by email please) a copy of the Claimant’s latest application / email dated xx June 2022 and after that, the resulting Directions.

I would be grateful for feedback if this draft above is correct or needs amending if not 100% accurate?

KeithP

That looks very good to me, but wait for further comment.

I would suggest that you do what you are reasonably expecting the Claimant to do. Send a copy of that email to the Claimant as well as the Court.

Jack5656

Thanks Keith I will - and I will add that they have not paid the costs as orderd by the Judge!

Coupon-mad

Jack5656 said:

Thanks Keith I will - and I will add that they have not paid the costs as orderd by the Judge!

That is the only thing I was going to say was missing. State that the Order granted the costs regardless, with no caveat.

Jack5656

Thansks as ever for the advice!

One thing I am still confused about - if CEL are seeking  a 2nd hearing, is that the only way to pursue the PCN for them now? Do they not have the option to reissue the PCN by post from scratch without involving courts now the CCJ is set aside, or is that just not an option after going to court?