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

Coupon-mad

Job done.  Nice.

I'm planning to use your thread as a good CCJ set aside WS and draft order example for other Newbies to follow your lead, so don't be surprised to get several notifications of being 'mentioned'!

Jack5656

I am more than happy if this thread helps anyone else - good to have the infomation pulled together in one place.

Again thank you so much for your help Coupon, Le KIrk and everyone else who posted!

barneybetty

This has been very helpful . I’m currently in the same position so thank you for sharing your WS , spent so many hours worrying about what the process is going to be like and what I need to do 

Jack5656

barneybetty said:

This has been very helpful . I’m currently in the same position so thank you for sharing your WS , spent so many hours worrying about what the process is going to be like and what I need to do 

Good luck - a week ago I didn't even know I had a PCN or CCJ. It has been a steep learning curve, a big worry (so I empathise!) and a lot of work, but with the help from the good people here I have sent off my application in under a week. Now the next challange will be the hearing in court.

Jack5656

I have received the Right of Access Request back from DVLA which proves I sent them my V5C with new address 7 days before they gave my old address the CEL (which set off this nightmare of being prosecuted without noitification!).

My hearing date is coming up in the next 2-3 weeks so is this extra clarification something I can send on to the county court?

I have NOT had anything back from CEL who I emailed for print out of all data they hold on me. I requested this well over 5 weeks ago! Is that something I can use to my advantage at court as they have failed (again!) to follow basic procedures. That said I would like to know what evidence they hold on this fine before I get to court!

Coupon-mad

You should follow up the SAR and tell CEL they are now in breach of the 30 day deadline for SAR reply.

And yes, I'd send the court and CEL a short Supplementary WS attaching the proof that you did everything required of you and updated your address in a timely fashion. And although the DVLA were at fault for delaying the address update, CEL caused the CCJ by failing to undertake the soft trace they were required to do before filing a claim, as required by the BPA CoP, the pre-action protocol and CPRs.

A parking firm cannot presume a DVLA registered keeper address obtained many months beforehand is good for service or is the last known address, especially when there is reason to believe it isn't from your complete silence.  A soft trace in bulk would have cost them just 29pence, far cheaper than the initial (and flawed) DVLA look up.

Jack5656

Thanks Coupon. Do you know if it is necessary to post to the court and CEL an update for WS, or is emailing this ok for them?

Le_Kirk

E-mail to court (and claimant) is fine and much better than post!  If CEL have failed your SAR, report them to the ICO.

Jack5656

Thanks Le Kirk sounds like a good idea ;-)

Can I ask please...is it best to add new evidence in the WS and send a new / revised version, or do the courts prefer you to send additions as an ammendment to the previously submitted WS?

Le_Kirk

If you have new evidence that supports your case and you have opened the door by mentioning it in your defence or you are countering something mentioned in the claimant's WS, send a supplementary witness statement, signed by the statement of truth.