Unexpected CCJ

Umkomaas

verdomde said:

I know it's irrelevant but dvla can only give me the info by post, theres a form andnproof of address to send, and a fee

No!  

DVLA SUBJECT ACCESS REQUESTS 

You should email the DVLA and ask which organisations (when and for what reason) accessed the registered keeper's data from them between a range of dates which includes the date(s) of the parking incident(s). You need to provide the registered keeper's full name and address, the address on the V5C logbook and the Vehicle Registration Mark of the vehicle involved in the parking incident. 

They state a month for response by post, but in practice it's much quicker than that ...... and IT'S FREE!

SubjectAccess.Requests@dvla.gov.uk

verdomde

I have asked the dvla for the sar

I just called qdr, need to pay as the time limit is tomorrow
I've told them ill be applying for set aside etc.

They said the DVLA at the time of the pcn is adequate attempt to find me, and I should have set up a forwarding address

I was unable to pay over the phone, will do it online, I have until 18:00

They also said making payment was admitting culpability (not in those words).

Coupon-mad

I just called qdr, need to pay as the time limit is tomorrow.

Up to you. If you pay (within 30 days), there's no CCJ to set aside.  You'd be scammed and done up like a kipper.  I don't see how a CCJ that was never put on your file can be 'set aside', so in my view if you pay it, you end the matter.

We would never have advised you to phone QDR, who have clearly misled you.  DVLA addresses are NOT enough to rely on as a service address later, for a court claim. There is an obligation on the claimant to do a soft trace before any court action. They failed. The claim was de facto improperly served and MUST be set aside by the court.

Personally, I'd take the temporary hit to credit rating, not pay the scam and instead pay £275 to the CCBC next week for a set aside of the CCJ, as seen in threads by @Jack5656 and @paulr23 which includes asking the court to order your £275 be refunded by the unreasonable claimant.

verdomde

Ok, I'll do that, just really need the ccj to be gone come remortgaging time in a year or two, so I was a bit worried.
Thanks again

verdomde

"done up like a kipper"

verdomde

I think I might seek out a lawyer to do all this for me- it looks quite a complicated procedure, and a lot of the work and understanding seems above me. Seems there's good reason to believe they'd be succesful and I could get my fees and charges etc back...

Le_Kirk

You might struggle to find a lawyer/solicitor who knows about parking law etc and you won't get your costs back unless the claimant behaves unreasonably.

verdomde

Ugh, this is such a nuisance, these annoying companies.

Thanks for the help, i guess I'd best get studying then

Coupon-mad

verdomde said:

I think I might seek out a lawyer to do all this for me- it looks quite a complicated procedure, and a lot of the work and understanding seems above me. Seems there's good reason to believe they'd be succesful and I could get my fees and charges etc back...

You do not need a solicitor. Money down the drain and with great respect to solicitors, the private parking law experts are here. We'll guide you.

verdomde

Ok, I made a draft witness statment

County Court Business Centre                                   Claim Number  

                                                                                       xxxxxxxxxxx

                                                                                                Date

                                                                                       xxxxxxxxxxx

                                                                                                Defendant

                                                                                       xxxxxxxxxxx

                                                                                                Claimant

                                                                                                QDR Solicitors on behalf of UK Parking Control

WITNESS STATEMENT

I am [me]and I am the defendant in this matter. This is my supporting statement to my application dated [today] requesting to:

a. Set aside the default judgment dated [ccj hearing date] 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  [ccj hearing date]. I am aware that the Claimant is QDR Solicitors on behalf of UK Parking Control, and that the assumed claim is in respect of an unpaid Parking Charge Notice from [date of parking notice from the sar from ukpc].

1.3. The claim form was served to a previous address and I thus was not aware of the Default Judgement until  [3 days after ccj hearing date]. following a notification from a phone application that tracks my credit score.

The address on the claim is [old old address]. I moved to a new address on [8 months before the pcn] and moved again to current address on xxxxxxxx. I updated the electoral register both times, in [2 months after moving, both times].  In support of this I also provide various communications/bills.

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 late on the [as above]

1.4.3 After seeking help online, [2 days later] I contacted the County Court Business Centre to obtain relevant information relating to this default judgement.

1.4.4 Between [5 days after ccj], despite being abroad, I submitted SAR requests to the Solicitors, the debt collectors and the Parking Company. Only the parking company have responded and I now am compiling my submission in order to set-aside this judgement and fairly present my case in spite of not having received all relevant information.

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. I have been informed in a phone call to QDR that they used the DVLA address at the time of claim.  This is not enough to rely on as a service address and later, for a court 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 18 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 trace or similar very inexpensive and immediate credit reference agency address check. 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.

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 [current address]

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 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.

1.10 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

[TYPED SIGNATURE]

[DATE TODAY]

 

 

 

DRAFT ORDER

 

UPON reading the defendant’s application dated 7 April 2022

IT IS ORDERED that:

 
1. The default judgment dated [CCJ HEARING DATE] be set aside. 

2. The claim struck out as the claim form having not been served within 4 months of issue

3. The Claimant do pay the Defendants costs of this application of £275 on an indemnity basis