Phase 1: CCJ Removed. Phase 2: Claim Discontinued. Phase 3: Costs.

Harvez63

Is that before it reduced the alcohol contents, then rebranded "unfiltered" and charged a premium for the privileged?

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 8th April 2022.  I am aware that the Claimant is Premier Park LTD, and that the assumed claim is in respect of an unpaid Parking Charge Notice from 28th December 2017.

1.3. The claim form was not served at my current address and thus I was not aware of the Default Judgment until 12th of July 2022 following a check of my credit report.

1.4. The address on the claim is xxx. I moved from this address to my current address of xxx on 5th November 2019. The house where this charge was applied was owned by me (the defendant) up till 5th November 2019.

1.5 I notified the claimant of my change of address on 4th November 2019 via email, to which they responded acknowledgment of the address change on 6th November 2019. See exhibit 01. 

1.6. Notwithstanding the fact that the claimant has legal representation, the claimant has failed to comply with the essential requirements of the civil procedure rules for commencing a claim, such that I have had (a) no notice of the claim (b) no opportunity to respond to it and (c) now face significant prejudice as an individual and small business owner as a result of a default judgment, to which I believe they have never been entitled. 

1.7.1 On that basis, I believe the Claimant has not adhered to Civil Procedural Rules (CPR) 6.8(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 and use the address of my current residence. This has led to the claim being incorrectly served to an old address and an irregular judgment.

1.7.2 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.

1.7.3 The defendant was 'there to be found' for the sake of a 29pence bulk Experian trace or similar very inexpensive and immediate credit reference agency address check. If the defendant had used the original address details they had for me (current address) instead of doing a trace, I would have been notified of this judgement and could have taken action to prevent it.

1.8 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)

1.9 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.

1.10 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.

 

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WITNESS STATEMENT

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

 

a.         Set aside the default judgment dated 08th April 2022 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.

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DRAFT ORDER

UPON reading the defendant’s application dated (date when I will send an email with n244)

It is ordered that:

1. The judgment (case number) dated 08/04/2022 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 totalling £275 on an indemnity basis

 

Coupon-mad said:

plus you seem to have missed Boxwood, M&S and Croke re the '4 months dead' argument.

Can you help me with this bit? 

Coupon-mad

1.7.1 On that basis, I believe the Claimant has not adhered to Civil Procedural Rules (CPR) 6.8(3) 

Is that the one Johnersh told you to cite, in his first reply?  He made a comment on that.

Johnersh

This is a mess. Dare I say that it needs to be filtered? 

You only need form N244 - what order and why? 

The defendant seeks an order to set aside default judgement pursuant to CPR xxxx

The claimant failed to serve at the address provided for service, such that the defendant never received the claim form. Accordingly the claimant was not entitled to obtain  judgment under cprxxxx.

Then marking the box to attach a complete a witness statement, you briefly describe what the claim relates to and how you learned of it.

Then you address the pre Action correspondence

Then you address the law. 

No one cares about Theresa May. Neither the judge nor her own party. Stick to the good stuff.

Harvez63

So remove points 1.9 (sorry not sure how this ended back in), and downwards? keeping 1.10? 

Coupon-mad

Yes, and double check you used the right CPR that Johnersh first commented on.  AND use his phraseology. 

Coupon-mad said:

plus you seem to have missed Boxwood, M&S and Croke re the '4 months dead' argument.

"Can you help me with this bit?"

We already have. The forum is a great resource as long as people don't just linger on their own thread.

It's in the other recent CCJ set aside threads by people like @GlassRoof36 and (even if you missed reading that one this week) it's also dead simple to search the forum for the unusual word 'Croke'.

Harvez63

@Coupon-mad I get it, I do. 

I'm not as academically smart as some, I have a hard enough time having to google/search most terminologies used in replies, and what they mean, and what I'm supposed to be doing, what the target is or purpose of this is. Then reading other peoples threads, and doing the same for them. 

This so far from my area of comfort. I feel like a kite in a wind and I'm just trying to get it close enough that someone can just fill in the crap bits but now I dont know if I'm close to the mark or a million miles off and its a mess. I've gone from 'nothing happens quickly' to 'need to act quickly'. 

This whilst answering 37 emails alone today, good knows how many phone calls and doing design in-between these (my actual job), followed by finishing after 10 hours, spending time with my 3 kids before bed, then back out working on the house which is also on a time restraint. I'm absolutely stressed to the max. And all because of these absolute idiots that have brought this into my life! I just want it over with and the security back of knowing if something would go wrong in these times I could get a loan or credit card to cover myself. 

This isn't a go, or a sob, times are tough for everyone. but I'm trying and frustrated and dont know what direction to turn in. Whilst trying to learn a basic level of law in-between doing all the other things day to day life throws. It feels like someone coming into my work for the first time and me throwing terminologies at them and getting annoyed when they dont get it. 

Id be happy just to get through this without a heart attack at the moment 

Coupon-mad

You are nearly there, honestly!

Johnersh

It needs some tweaks, sure, but stick to a formula of what do you want, why and what rule means you should have what youre asking for and you should be fine. 

Busy day for me too.... 

Le_Kirk

I think that @Johnersh has given you a very good breakdown of what is required a couple of posts upstream.  Use that plus his replies to you plus what @Coupon-mad has written.  You will not get better than those two regulars.

Harvez63

Morning All, 

I've taking time to try and go back through it and understand what I'm trying to do with these documents. 

Is the below better? I wish I could change the text to red of what I've changed, but to summarise; 

* Previous 1.9 removed, and text between 1.9 and 1.10 

* Mentioned 6.8, I believe its 6.8(a) is that correct? this I've changed in 1.7.1 and 1.7.2

* WS; added description to a. " despite notification of address change and acknowledgement receipt from claimant". 

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 8th April 2022.  I am aware that the Claimant is Premier Park LTD, and that the assumed claim is in respect of an unpaid Parking Charge Notice from 28th December 2017.

1.3. The claim form was not served at my current address and thus I was not aware of the Default Judgment until 12th of July 2022 following a check of my credit report.

1.4. The address on the claim is xxx. I moved from this address to my current address of xxx on 5th November 2019. The house where this charge was applied was owned by me (the defendant) up till 5th November 2019.

1.5 I notified the claimant of my change of address on 4th November 2019 via email, to which they responded acknowledgment of the address change on 6th November 2019. See exhibit 01. 

1.6. Notwithstanding the fact that the claimant has legal representation, the claimant has failed to comply with the essential requirements of the civil procedure rules for commencing a claim, such that I have had (a) no notice of the claim (b) no opportunity to respond to it and (c) now face significant prejudice as an individual and small business owner as a result of a default judgment, to which I believe they have never been entitled. 

1.7.1 On that basis, I believe the Claimant has not adhered to Civil Procedural Rules (CPR) 6.8 (a) 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 and use the address of my current residence. This has led to the claim being incorrectly served to an old address and an irregular judgment.

1.7.2 Under CPR 13.2 The court must set aside a judgment entered under part 12 if judgment was wrongly entered.  Given that CPR 6.8 (a) was not met, CPR 13.2 applies and the CCJ should be set aside.

1.7.3 The defendant was 'there to be found' for the sake of a 29pence bulk Experian trace or similar very inexpensive and immediate credit reference agency address check. If the defendant had used the original address details they had for me (current address) instead of doing a trace, I would have been notified of this judgement and could have taken action to prevent it.

1.8 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)

1.9 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.

 

--------------------------------------

WITNESS STATEMENT

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

 

a.         Set aside the default judgment dated 08th April 2022 as it was not properly served at my current address, despite notification of address change and acknowledgement receipt claimant.

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.

-----------------

DRAFT ORDER

UPON reading the defendant’s application dated (date when I will send an email with n244)

It is ordered that:

1. The judgment (case number) dated 08/04/2022 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 totalling £275 on an indemnity basis