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

Jack5656

Thanks again Coupon!

OK I hope I found the rigtht threads to get the Witness Statement and Draft Order to use.

This is my proposed WS  - can I have feedback to confirm this is now ok please as want to send early tomorrow?

WITNESS STATEMENT

I am xxxxxxx and I am the defendant in this matter. This is my supporting statement to my application dated xx April 2022 requesting to:

a. Set aside the default judgment dated xx November 2018 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.

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 Judgement against me as the Defendant on xx November 2018. I am aware that the Claimant is Civil Enforcment Ltd, and that the assumed claim is in respect of an unpaid Parking Charge Notice from the xx January 2018.

1.3. The claim form was served to a previous address and I thus was not aware of the Default Judgement until 04/04/2022 following a notification of an Notice of Debt Recovery from DCBL; Schedule what do I put here please for schdule ?

The address on the claim is (Removed by Forum Team). I moved to my new address on 22 December 2017 and moved again to current address on 20 July 2018. In support of this I have provided a copy of my tenancy agreement, alongside a council tax and utility bill; and DVLA letter Schedule (X)

1.4. 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;

1.4.2 I discovered a CCJ was lodged onto my credit file on the 4th April 2022.

1.4.3 On 5th April I contacted the County Court Business Centre to obtain relevant information relating to this default judgement.

1.4.4 On 7th April 2022 I submitted my case in order to set-aside this judgement and fairly present my case.

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. On that basis, I believe the Claimant has not adhered to 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 the address of my current residence despite having some 10 months to establish an address. This has led to the claim being incorrectly served to an old address and an irregular judgement.

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.

Is this part in bold in 1.6.3 correct???

1.6.4 I updated DVLA promptly after moving address on xx/12/2017. In a phone call on 05/04/2022 DVLA confirmed I provided them with my new address and they issued revised documents to me on xx/01/2018.

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 xxxxxx

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.

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 in a document verified by a statement of truth without an honest belief in its truth.

Signed _________

Jack5656

Whoops - left an address in aty 1.3 darn it - can this be modified please!! Sorry!

Umkomaas

Jack5656 said:

Whoops - left an address in aty 1.3 darn it - can this be modified please!! Sorry!

If you haven't a cogwheel icon at the top r/h corner of the post, you don't have editing rights (insufficient posts/time on the forum since joining) at the moment so if you pm one of the two Board Guides looking after the parking forum - @soolin or @savvy - and ask them to help. 

You seem to have had some issues with the forum search engine. It is powerful, but you need to know which knobs to tweak. If you read the following short(ish) thread, there is a step-by-step guide to getting the best from the search function. 

https://forums.moneysavingexpert.com/discussion/6289402/weve-updated-the-search-function/p1

Jack5656

Umkomaas said:

You seem to have had some issues with the forum search engine. It is powerful, but you need to know which knobs to tweak. If you read the following short(ish) thread, there is a step-by-step guide to getting the best from the search function. 

https://forums.moneysavingexpert.com/discussion/6289402/weve-updated-the-search-function/p1

Thanks PM sent!

I found about 7 threads for Boxwood 4 months dead search, read them and picked a WS that appeared to have been given the thumbs up. If the WS above needs tweaking please do let me know.

1505grandad

A heads-up  -  JUDGMENT correct spelling in this context but there are also many others that have the erroneous middle "e".

Google  CCJ  -  at least it should be consistent.

Jack5656

I'm unsure abut this bit:

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.

The bold part does not read well to me - is it ok? Should it not say something like -

If the claimant had used the address details from a credit reference agency address check, I would have been notified of this judgement and could have taken action to prevent it.

Coupon-mad

Schedule what do I put here please?

I don't see that it's needed, so remove 'schedule'.

Did they use the old DVLA address or one they found from a bad trace?  1.6.3 needs to make it clear which, and why that was unreasonable because they should have been more diligent and checked, as the BritishParking Association requires them to (go read the bit in the BPA CoP about checking details before litigation).

Your WS looks good.

You could add a section saying:

In the alternative, CPR 13.3 applies and there are very good reasons to set aside this exaggerated claim, which includes a disproportionate and indeed, false 'debt recovery' sum.  In fact, no debt recovery occurred nor cost the claimant any money whatsoever, in addition to £100 parking charge.  The Government has described the false fixed 'fee' of £70 as 'designed to extort money from motorists' in the new statutory Code of Practice this February, and has banned it.  The Defendant has good prospects of defending a claim, if served with one, but has seen no evidence, basis nor particulars of claim and the Claimant should be required to file afresh, if they believe they have a cause of action. 

Jack5656

Coupon-mad said:

Schedule what do I put here please?

I don't see that it's needed, so remove 'schedule'.

Did they use the old DVLA address or one they found from a bad trace?  1.6.3 needs to make it clear which, and why that was unreasonable because they should have been more diligent and checked, as the BritishParking Association requires them to (go read the bit in the BPA CoP about checking details before litigation).

Your WS looks good.

You could add a section saying:

In the alternative, CPR 13.3 applies and there are very good reasons to set aside this exaggerated claim, which includes a disproportionate and indeed, false 'debt recovery' sum.  In fact, no debt recovery occurred nor cost the claimant any money whatsoever, in addition to £100 parking charge.  The Government has described the false fixed 'fee' of £70 as 'designed to extort money from motorists' in the new statutory Code of Practice this February, and has banned it.  The Defendant has good prospects of defending a claim, if served with one, but has seen no evidence, basis nor particulars of claim and the Claimant should be required to file afresh, if they believe they have a cause of action. 

Great - I will carry on and add your extra section - thanks Coupon - final version to post soon!

When I spoke to DVLA yestersday they said CEL had obtained my (old) address on 15/01/18 but DVLA issued my revised documents on 16/01/18. It seems just very unlucky cross over. I moved in late December 2017 and while I don't know the exact date I posted the driver photocard licence (and I hope the V5C) I am sure it was late December/start of January 2018 so DVLA would have had it in their system before 15/01/18 when they gave the old address to CEL!

Umkomaas

I am sure it was late December/start of January 2018 so DVLA would have had it in their system before 15/01/18 when they gave the old address to CEL!

The DVLA wouldn't give an 'old' address if their records were, at the time of access, updated with a new address. The problem has often been caused by a late updating of records by the DVLA, despite earlier notification of a change of address - V5C, not driving licence, there's no read-across.

If you still have the same vehicle, check your V5C. 

Jack5656

The DVLA wouldn't give an 'old' address if their records were, at the time of access, updated with a new address. The problem has often been caused by a late updating of records by the DVLA, despite earlier notification of a change of address - V5C, not driving licence, there's no read-across.

If you still have the same vehicle, check your V5C. 

It sounds like my letter was just stuck in the DVLA system and they updated my address the day after CEL were given the previous address then? I still have the same car but only have the V5 from my last move in July 2018 with most current address. I have asked DVLA for all my records using a V888 form but could take 6 weeks at least to show me their records.