Unexpected CCJ

verdomde

Does any of that look ok?

Coupon-mad

I don't think you want it done without a hearing.

The Judge needs to hear your argument that this is a mandatory set aside and why it's not OK for a parking firm to use an old and unreliable DVLA basic car registration address. These are never intended by DVLA to be an address for service of court papers, not without checking (as the Code of Practice requires).  The Judge won't know this.

There was no hearing, they won by default.  So it's not a 'CCJ Hearing date'.

The Claimant is not QDR.

verdomde

Thank you I will make these adjustments.
when you say

'The Judge needs to hear your argument that this is a mandatory set aside and why it's not OK for a parking firm to use an old and unreliable DVLA basic car registration address.'
Younmean that should be said at the hearing, or should it be included in the witness statement?

Coupon-mad

Both. It is major, if the claim filing date was more than 4 months ago and went to an old, unchecked (before filing the claim) address.

Look at the other CCJ set aside threads we've linked for you to read.

They include that argument in their WS and they send the transcripts of the 2 case law authorities to support the argument, because plenty of Judges think that an old and unreliable DVLA address is all that's needed and that it's the motorist's fault for not updating it, or setting up postal redirection.

Le_Kirk

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 the Defendant at which I no longer resides. 

Adjust as above.  Where you have used "the defendant" it should be changed to "I" as witness statements are written in the first person.

verdomde

Coupon-mad said:

Both. It is major, if the claim filing date was more than 4 months ago and went to an old, unchecked (before filing the claim) address.

Look at the other CCJ set aside threads we've linked for you to read.

They include that argument in their WS and they send the transcripts of the 2 case law authorities to support the argument, because plenty of Judges think that an old and unreliable DVLA address is all that's needed and that it's the motorist's fault for not updating it, or setting up postal redirection.

Ok, new one below

I am not really sure what 'case law authorities means.. But I added in the bit about boxwood.

County Court Business Centre                                   Claim Number  

xxxx

                                                                                                Date

xxxx

                                                                                                Defendant

xxxx

                                                                                                Claimant

                                                                                                UK Parking Control

WITNESS STATEMENT

1.            I am xxxxxxx and I am the Defendant against whom this claim is made.  The facts are true to the best of my belief and my account has been prepared based upon my own knowledge.

2.            This is my supporting statement to my application dated xxxx requesting to:

a.            Set aside the default judgment dated xxxx 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

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

4.            I understand that the Claimant obtained a Default Judgement against me as the Defendant on xxxx. I am aware that the Claimant  UK Parking Control, and that the assumed claim is in respect of an unpaid Parking Charge Notice.

5.            The claim form was served to a previous address and I thus was not aware of the Default Judgement until xxxx following a notification from a phone application that tracks my credit score.

6.            The address on the claim is xxxx. I moved to a new address on xxxx and moved again to my current address on xxxx I updated the electoral register both times, in xxxx and xxxx.  In support of this I also provide various communications/bills.

7.            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;

Sequence of Recent Events

8 .           On the xxxx I discovered a CCJ was lodged onto my credit file late

9 .           On xxxx, after seeking help online, I contacted the County Court Business Centre to obtain relevant information relating to this default judgement.

10.          Between xxxx, despite being abroad, I submitted SAR requests to the Solicitors, the debt collectors, and the UK Parking Control. Only UK Parking Control have responded, and I now am compiling my submission to set-aside this judgement and fairly present my case in spite of not having received all relevant information.

11.          I believe the Claimant has behaved unreasonably in pursuing a claim against me without ensuring they held my 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.

12.          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 at which I no longer reside. 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.

13.          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.

14.          The defendant was 'there to be found' for the sake of a 29pence bulk trace or any inexpensive and immediate credit reference agency address check. I would have been notified of this judgement and could have taken action to prevent it.

15.          A failure to carry out proper checks to establish the right address for service before filing a claim not only breaches the CPRs but also the pre-action protocol for debt claims and the British Parking Association Code of Practice.  The Claimant acted wholly unreasonably by negligently or deliberately disregarding all rules and caused the claim to be improperly served.  They failed to serve it at all.

16.          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. I refer to decision in Boxwood Leisure Ltd v Gleeson Construction Services Ltd & Another [2021] EWHC 947 (TCC) where the Claimant failed to serve the claim form by the date ordered. Limitation had expired and the Court dismissed the application.

17.          I have no details of this claim, 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 me with the information required under the pre-action protocol for debt claims, issued this time to the correct address, which is xxxx.

18.          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.

19.       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.

20.          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.

21.          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.

26.          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.

Statement of Truth

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

xxxx

verdomde

Also, is the ccbc right ? Should i pick whatever court is closest to me? I don't want to have to go all the way to wherever the ccbc is ?

Coupon-mad

The CCBC is just a clearing centre - not a court - and it gets farmed out to your local court.

You need the actual court transcripts of Boxwood and two other cases (authorities).

I posted a third one last night on a CCJ set aside thread (can't recall which one but you'd just need to look through my replies yesterday to find it).

verdomde

Thanks is there a resource for court transcripts?

Coupon-mad

Google. They are in the public domain.

The first two are clearly stated in other CCJ set aside threads (full citations) therefore easy to Google to find the transcript of the Judges' decisions.

I posted the third case last night as a link, as you will find when you skip back through my replies (yes, I make a lot but not so many that it's not easy to find because you know it's a reply from yesterday!)..