Getting CCJ set aside for parking ticket even if I didn't let DVLA know

Brokenchief

Hello all, I hope you're well.

I woke up to a very lovely letter from a debt recovery business last week. Saying they were still trying to get the money for a CCJ from last year.

I searched up the case number and it turns out it is legit.

It was ruled in their favour in January 2021.

When I moved in Nov 2020 I completely forgot to tell the DVLA about myself moving until about 6 months ago.

If I do check on Experian it does say that my current address has been correct since January 2020 so they should've been able to trace me I believe.

So going through the beginner posts and similar cases it appears most of them don't have the issue with not telling the DVLA for so long.

Would I still be able to to try to get the CCJ set aside on the grounds of them not serving the documents to me and not trying to trace me? Or will they just bring up the fact that I didn't notify the DVLA?

Thanks all. I appreciate the help!

UPDATE 09/07/25

Hello all, it’s been a while, I hope my case was helpful to others here.

However, I’ve just received a Notice of Debt Recovery from DCBL regarding the original CCJ that was successfully set aside in 2022. Their offices are closed now, but I’ll be calling them tomorrow to find out what’s going on.

The notice refers to the same judgment date as the original CCJ, which suggests it hasn’t been reissued. From what I understand, it’s very unlikely they could have reinstated the original CCJ without a court application, and even if they had tried, we’ve received no notification of this at all.

I’ve recently bought a house, and the two addresses I’ve lived at since the CCJ was set aside, were both mine and my partners parents homes. So if any legal correspondence had been sent, we almost certainly would have received it.

Has anyone experienced anything similar, where a previously set-aside CCJ somehow gets chased again?

Thank you all

Not_A_Hope

Yep. You can get this set aside. If they didn't get a response they are supposed to check the address is correct. Costs them pennies. But if they are served to an old address it suits them to get a default judgment and earn even more money from the scam.

Coupon-mad

Perfectly normal story.  Happens literally all the time in almost every CCJ set aside case we see.  All set aside successfully except for one case the person is appealing, where a Judge erred.

It was ruled in their favour in January 2021.

No it wasn't.  There was no hearing.  It was a CCJ by default, an automated judgment due to you not defending.  But you were not properly served, so you couldn't.

Brokenchief

Not_A_Hope said:

Yep. You can get this set aside. If they didn't get a response they are supposed to check the address is correct. Costs them pennies. But if they are served to an old address it suits them to get a default judgment and earn even more money from the scam.

Coupon-mad said:

Perfectly normal story.  Happens literally all the time in almost every CCJ set aside case we see.  All set aside successfully except for one case the person is appealing, where a Judge erred.

It was ruled in their favour in January 2021.

No it wasn't.  There was no hearing.  It was a CCJ by default, an automated judgment due to you not defending.  But you were not properly served, so you couldn't.

Awesome, thanks for the quick replies.


I'm gonna get something written up (based on the templates) in the next few days and I'll get it posted on here.

Brokenchief

Hey guys. Anyone mind double checking my WS and DO? I've tried to simplify them both. I just need the CCJ gone.

WITNESS STATEMENT

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

a. Set aside the default judgment dated XXX 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 Judgment against me as the Defendant on XXX. I am aware that the Claimant is Civil Enforcement Ltd, and that the assumed claim is in respect of unpaid Parking Charge Notices.

1.3. The claim form was not served at my current address, and I thus was not aware of the Default Judgment   following a letter from Direct Collection Bailiffs Ltd.

The address on the claim is XXX. I moved to my current address at XXX. In support of this, I can provide a scanned copy of  my bank statement showing my last rental payment at XXX and an Experian Credit report showing my updated address if required.

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;

1.4.1 I discovered a CCJ was lodged onto my credit file on the XXX.

1.4.2 On the 8th of April, I contacted the County Court Business Centre to obtain relevant information relating to this default judgment.

1.4.3 On 26th April 2022 I have wilfully submitted my case in order to set-aside this judgment 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 12 months to establish an address. This has led to the claim being incorrectly served to an old address and an irregular judgment.

1.7. According to publicly available information, my circumstances are far from being unique. The industry’s persistent failure to use correct and current addresses of 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.

1.8. 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.

DRAFT ORDER
CLAIM No: XXX
BETWEEN:
CIVIL ENFORCEMENT LIMITED (Claimant)
-- and --
XXX (Defendant)
______________________________________________
DRAFT ORDER
______________________________________________

IT IS ORDERED THAT:
1. The default judgment dated on XXX be set aside.
2. Costs to be reserved.
3. Unless the Claimant serves a copy of the claim form on the Defendant by 4pm on XX/XX/22 paragraph 1.2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £275 and the claim shall be struck out.
4. Should the Claimant discontinue the Claim after the CCJ is set aside, paragraph 1.2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £275
5. All enforcement be put on hold pending the outcome of the application.

---

Will this suffice? I'm way out of my comfort zone with all of this stuff.

Many thanks

Le_Kirk

Brokenchief said:

1.3. The claim form was not served at my current address and thus I was not aware of the Default Judgment until I received following a letter from Direct Collection Bailiffs Ltd.

1.3.1 The address on the claim is XXX. I moved to my current address at XXX. In support of this, I can provide a scanned copy of  my bank statement showing my last rental payment at XXX and an Experian Credit report showing my updated address if required.

1.4.3 On 26th April 2022 I have wilfully willingly submitted my case in order to set-aside this judgment 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 my 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 at which the Defendant no longer resides. The claimant did not take reasonable steps to ascertain the address of my current residence, despite having some 12 months to establish an address. This has led to the claim being incorrectly served to an old address and an irregular judgment.

1.7.1 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."

1.7.2 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.

1.8. 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.

DRAFT ORDER
CLAIM No: XXX
BETWEEN:
CIVIL ENFORCEMENT LIMITED (Claimant)
-- and --
XXX (Defendant)
______________________________________________
DRAFT ORDER
______________________________________________

IT IS ORDERED THAT:
1. The default judgment dated on XXX be set aside.
2. Costs to be reserved.
3. Unless the Claimant serves a copy of the claim form on the Defendant by 4pm on XX/XX/22 paragraph 1.2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £275 and the claim shall be struck out.
4. Should the Claimant discontinue the Claim after the CCJ is set aside, paragraph 1.2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £275
5. All enforcement be put on hold pending the outcome of the application.

1.3 does not make sense.  Are some words missing? Every paragraph requires a number
In your draft order, surely you want the PPC to reimburse your set-aside fee not be reserved.  If it is longer than 4 months from date of event to service, you cold ask for the case to be dismissed.  Search the for 4 months dead.  Here is just one such thread: -
https://forums.moneysavingexpert.com/discussion/comment/79179051#Comment_79179051

Fruitcake

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

Coupon-mad

Another worked example recently (that you can copy, pretty much) is by @Jack5656

Brokenchief

UPDATE

So KI reworked the letter using some examples you guys kindly offered.

Got my court date and last month (07/06) received a letter from civil enforcement saying they will agree to set aside the CCJ as long as I make the original payment (Plus admin fee)

I never responded and was meant to come on here for advice. The court isn't until Nov so I didn't think there was a major rush.

I've just received an email saying the following:

"We refer to the above, and the hearing to set aside judgment scheduled to take place on *********.
 
We hereby give notice that we will not be in attendance at the hearing. We kindly request that the following points be taken into consideration at the hearing:

1. Please note that in keeping with the overriding objective (CPR 1.1), the Claimant made an offer to set aside the Judgment and settle the Claim (see attached), however, the Claimant has not received any response.

1. If the Judge believes it appropriate, the Claimant agrees to the removal of the Judgment and for the Claim to be restored or settled upon payment of £85 being made to the Claimant by the Defendant, and no order for costs against the Claimant being made as the application was of the Defendant’s own making. For the avoidance of doubt, this is because the correspondence and the claim form itself was sent to the last known address for service, as supplied to the Claimant by the DVLA.

 
Yours faithfully "

1. 
   

Any help please. What do I do next?

Thank you!

Coupon-mad

Respond to CEL and the court and state that costs are an important part of your application, as is the right to then defend the claim in the event that it is not struck out due to want of service within 4 months of filing the claim.

Due to their own unreasonable conduct, there is no reason for the Claimant to expect the Defendant to shoulder the £275 application costs or to settle a claim that must be struck out, based upon binding case law authorities.

The Claimant knows that - as usual, because this is repeated conduct likely to amount to a reported ten thousand or more times every year - it caused this CCJ by negligently breaching the BPA Code of Practice by running with an old/unchecked DVLA car registration address and failing to spend 29 pence on the 'soft address search' the BPA mandates. 

The Defendant will not accept a Consent Order that leaves them out of pocket and this is a perfectly reasonable position under the circumstances involving this vexatious litigant.

The Defendant hereby appends their costs assessment of £275 and there will be further loss of salary/leave for attending the hearing.

In support of the argument that the claim should also be dismissed for want of service, and that it cannot now be resurrected by any court, the Claimant hereby appends a skeleton argument to assist the court, plus the BPA Code of Practice and three case law authorities including one from 2022.



...see here for all those attachments, kindly posted by verdomde:
https://forums.moneysavingexpert.com/discussion/comment/79358471/#Comment_79358471

How to write a skeleton argument ( a dated but unsigned document attaching the legal arguments)  is either in the thread by @paulr23 or @ep23456

HTH

Brokenchief

@Coupon-mad thanks so much for taking the time to reply. You really are helping people out on here!!

I think I've got it, will go through it again after I've had another coffee.

One more thing, when applying for the case to be set aside I requested the alleged offence information from DCB (as I didn't have a clue what the original ticket was for).

They've made a mistake in their response, they've written that the date of the offence is the same as CCJ date. They've done this twice, once for me entering the car park and once for me leaving.

Is this something I could use at all, or am I just clutching at straws here?