Unexpected CCJ

verdomde

do I need a defence now? I don't have one...


I am away from home until the day before the hearing, no access to a computer so I can't edit a word or PDF document (I will look for a phone app.) Is there any point in sending the 4months dead argument as a plain email? (with the attachments)

verdomde

My name

Case number

today's date

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 was there to be found via the electoral register, which changed twice since the alleged offence, 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.”

verdomde

I'll email this to Norwich county court and the parking company as a doc and attach the 4 case files?

Coupon-mad

Is there any point in sending the 4months dead argument as a plain email? (with the attachments)?

No DO NOT EMAIL THAT.

It's just as quick to do it properly, pop that wording right now into a word doc, head it up with the claim number, date of hearing and the Heading:

SKELETON ARGUMENT TO SUPPORT THE DEFENDANT'S CASE THAT, AS WELL AS THE COURT SETTING ASIDE THE CCJ UNDER CPR 13.2, THE ENTIRE (DE FACTO UNSERVED) CLAIM CANNOT CONTINUE UNDER ANY RULE OF LAW

Then put your words and save it as a PDF.  A skelly is NOT SIGNED.  Just date it.

Then email that PDF skelly to the local court hearings email at Ipswich (not the CCBC) AND copy in the solicitors for the Claimant (QDR?) and attach the 4 authorities (full transcripts as a single merged PDF, ideally with divider pages stating what each next authority is...) and EVERY PAGE OF THAT MERGED PDF NUMBERED.

Plus attach a page from either the BPA or IPC CoP if you haven't already.  For UKPC that's a clause from the BPA CoP and it is for you to find not us.  Just read it and find it because we don't just know which paragraph it is. The clause about the mandatory Code obligation to check details of the alleged debtor before litigation.  Maybe you already appended that to your WS in which case no need to attach it again to the skelly.

verdomde

Thanks for that, not sure I can do pdf merging or anything like that on my phone, I will look into it if I get time tomorrow, in the meantime I will append the heading, I can create a word doc with Google documents.
I included the paragraphs about finding the address details in my original wp.

verdomde

When do you think is too late? I am back in the UK on Sunday so can do the computer part then. (Hearing on Tuesday)

Coupon-mad

Sunday would be just about OK for a skeleton argument & case authorities.

verdomde

Oh, that's awesome, I really didn't have much hope that even a week would have been enough, I'll be glad to spend proper time on it. In deepest darkest Italy now with intermittent connection (virgin 👎), so not easy.

verdomde

Frantically sent it off late this morning. Sure it's too late, but notuch I am do no I think. Just reading over what I've sent. I guess I should iron a suit. Wish me luck, I don't feel like I prepared well

Grizebeck

verdomde said:

Frantically sent it off late this morning. Sure it's too late, but notuch I am do no I think. Just reading over what I've sent. I guess I should iron a suit. Wish me luck, I don't feel like I prepared well

Good luck! But Dont bother
I only ever wear trainers, jeans and a jumper etc for county court cases!  And thats for people who pay me to represent them at hearings!

A suit is not needed. Just comfortable, tidy and presentable.

Its your arguments. How you argue a point and how your persaude that matters.