ccj for parking fine

rms22

Hi, I've just got back from Holiday and I've got to get this sorted. What do I need to do ? I have no idea at all, so if someone could help assist I'd be much obliged.

Interestingly, checking my clearscore report, the ccj has been wiped off of it completely, I think it's because the address to which it was served upon is over 6 years old or something. But had I not checked my clearscore report a month or so ago (shortly before creating this thread) I wouldn't have known at all.

Le_Kirk

What have you done so far from the advice you received in earlier replies?  If it is six years since the CCJ was issued it will have fallen off your credit history.

rms22

Le_Kirk said:

What have you done so far from the advice you received in earlier replies?  If it is six years since the CCJ was issued it will have fallen off your credit history.

I saw the CCJ on my Clearscore report around a month ago, it now shows as removed, along with the address to which it was served at, as that address is over 6 years old, but the CCJ was issued in April this year.

 I'm looking at the thread here: https://forums.moneysavingexpert.com/discussion/6348199/help-please-ccj-debt-recovery-from-unknown-parking-fine/p1

and the first reply is to look for the CCJ 4 months dead or Boxwood thread, but having tried to search for them I cannot find them so I'm not sure what to do.

Coupon-mad

Read the thread by @Brokenchief which walks you through everything and gives the links to FOUR case law authorities to use.  Including Boxwood.

rms22

Thanks for the replies. 

So do I need to email the N244, along with the WS and DO at this point ? 

I've got this for the WS and DO 

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 event.

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 until I checked my credit report on clear score’s website.

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 mortgage payment at XXX and an Equifax 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 X of August, I contacted the County Court Business Centre to obtain relevant information relating to this default judgment.

1.4.3 On X of X I 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 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 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 several years to establish an address. This has led to the claim being incorrectly served to an old address and an irregular judgment.

1.6.1 The address which the Claimant used no longer exists and the building was physically demolished on X.

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, former 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 reimbursed.
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.

 

_______________________________________________________________________________________

With regards to filling out the N244 I'm not sure what to answer for some of the points . These are what I've put but I'm not sure if this will suffice?

What order are you asking the court to make and why? Set aside a CCJ

How do you want to have this application dealt with? What do I choose here?

How long do you think the hearing will last? Not sure how I should know the answer to this... again with Is this time estimate agreed by all parties?

Nor any of these points...

7.

Give details of any fixed trial date or period

8.

What level of Judge does your hearing need?

9.

Who should be served with this application?

9a.

Please give the service address, (other than details of the claimant or defendant) of any party named in question 9.

Also what should I put for 10. What information will you be relying on, in support of your application?

Thank you for any help and advice, it's appreciated tremendously. 

Coupon-mad

 In support of this, I can provide a scanned copy of my bank statement showing my last mortgage payment at XXX and an Equifax Credit report showing my updated address if required.

It is required. Attach it (both) as numbered Exhibits.

And a skeleton argument about the 4 months dead point, and the BPA Code of Practice with reference in your statement to the paragraph about checking details prior to litigation, AND the four transcripts which is why I chose to direct you to the thread Brokenchief.

You told us: "the CCJ was issued in April this year."  So it is 'dead' then. But your WS fails to even touch on that. Doesn't seem to be based on the one I advised you to use.  There are thousands of CCJ set aside threads here that you could find by searching - but that's the one with the links to the 4 case authorities.

This (below) doesn't make sense, because you are arguing the claim is dead and CAN'T be re-served:

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.

rms22

Coupon-mad said:

 In support of this, I can provide a scanned copy of my bank statement showing my last mortgage payment at XXX and an Equifax Credit report showing my updated address if required.

It is required. Attach it (both) as numbered Exhibits.

And a skeleton argument about the 4 months dead point, and the BPA Code of Practice with reference in your statement to the paragraph about checking details prior to litigation, AND the four transcripts which is why I chose to direct you to the thread Brokenchief.

You told us: "the CCJ was issued in April this year."  So it is 'dead' then. But your WS fails to even touch on that. Doesn't seem to be based on the one I advised you to use.  There are thousands of CCJ set aside threads here that you could find by searching - but that's the one with the links to the 4 case authorities.

This (below) doesn't make sense, because you are arguing the claim is dead and CAN'T be re-served:

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.

Ok, thanks. i've found the four case authorities links. I'll draft up a skeleton argument. 

I think I've realised in which direction you were pointing me towards regards the WO...

WITNESS STATEMENT

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

a. Set aside the default judgment dated xx 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.

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 xx April 2022. I am aware that the Claimant is Civil Enforcement Ltd, and that the assumed claim is in respect of an unpaid Parking Charge Notice from the X August 2018.

1.3. The claim form was not served at my current address, and I thus was not aware of the Default Judgment until I checked my credit report on clear score’s website on the XX of August 2022.

1.3.1 The address on the claim is XXX. I moved to my current address at XXX on XX of October 2022. In support of this, I can provide a scanned copy of my bank statement showing my last mortgage payment at XXX and an Equifax Credit report showing my updated address.

1.3.2 The address which the Claimant used no longer exists and the building was physically demolished on X.

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 X of August 2022.

1.4.2 On the X of August 2022 I contacted the County Court Business Centre to obtain relevant information relating to this default judgment.

1.4.3 On X September 2022 I 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 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 no longer resides. The claimant did not take reasonable steps to ascertain the address of my current residence despite having several years to establish an address. This has led to the claim being incorrectly served to an old address and an irregular judgment.

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 29 pence bulk Experian trace or similar very inexpensive and immediate credit reference agency address check. I would then have been notified of this judgment 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 xxxxx

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, former 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 ________

Date __________

 

DRAFT ORDER

 

UPON reading the defendant’s application dated 7 April 2022

IT IS ORDERED that:

 
1. The default judgment dated xx April 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 of £275 on an indemnity basis.

 

Coupon-mad

That's a better WS.

You realise the Draft Order is a separate document (Word doc)?

And obviously everything else saved as PDFs, with the case law exhibits merged PDFs then all page numbered and compressed

rms22

Coupon-mad said:

That's a better WS.

You realise the Draft Order is a separate document (Word doc)?

And obviously everything else saved as PDFs, with the case law exhibits merged PDFs then all page numbered and compressed

Hi, thank you. Yes I'll put them as two separate documents. I've just got the money to be able to afford the application fee so I want to get these documents sent off asap and by the end of this week at the latest.

So am I right in thinking that I need to submit the following:

N244
WS
DO
Skeleton argument
BPO Code of Practice
Case Law Exhibits as merged pdfs and numbered and compressed

Is anything else required?

As the WS and DO are ok for submitting, I need to do the Skeleton Argument as well. Is it ok to copy brokenchief's?...

Claim No.:  XXX
Between
XXX
(Claimant) 
- and -  
XXX
 (Defendant)
_________________
SKELETON ARGUMENT
 
1 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. As the defendant did not give an address to the claimant at which the claim could be served at (because the defendant was not asked), CPR 6.9 applies. CPR 6.9 stipulates that an "Individual" should be served at their "Usual or last known residence."
2. 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.  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 XXX.
2.2 There are several authorities for this, including the judgment in Boxwood [2021] EWHC 947 (TCC) (please see attached Boxwood.pdf)  , 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 (please see attached Vinos.pdf)  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.
2.4 In judgment of Deputy Master Marsh in Croke & Anor v National Westminster Bank Plc & Ors [2022] EWHC 1367 (Ch)  (please see attached Croke.pdf) the claimant was one day late in properly serving the Particulars of Claim to the Defendant and the claimant’s application for relief from sanctions was refused. In section 65 of the transcript of the trial (which is attached) Deputy Master Marsh stated “The defendants were entitled to know within the four month period specified in the CPR whether a claim had been made against them and to be able to understand that claim. [...] Unless an extension of time is granted, the claim will cease to have any validity and will be struck out." 
2.5 In Piepenbrock-v-Associated News Limited [2020] EWHC 1708 (QB) (please see attached Pipenbrock.pdf) the High Court refused the Claimant’s application for a retrospective extension of time to serve a Claim Form after the Claimant failed to demonstrate they took all reasonable steps to serve the Claim form in the period of its validity.
“Ultimately, the problem was that the Claimant had made no attempt to serve in accordance with the rules…Although I sympathise with the Claimant that the consequences for him of the error of not validly serving the Claim Form will be serious, there is nothing that really separates his case from many others who have made similar mistakes when attempting to serve a Claim Form…I am afraid, in this case, the responsibility for the failure validly to serve the Claim Form rests solely with the Claimant’s side…
In light of my conclusions above, having refused the applications made under CPR 7.6, 6.15 and 6.16, there is not a residual self-standing power available under CPR 3.9 to relieve the claimant of the “sanction” that, as a result of his failure to validly to serve the Claim Form during its period of validity, it has now lapsed. The term “sanction” is inapt because it would, in theory, be possible for the Claimant to issue and validly serve a fresh Claim Form. The obstacle standing in the way of a claim is not any sanction imposed by the Court but the fact that the limitation period for defamation and malicious falsehood has expired…
Finally, the Claimant seeks an order under CPR 3.10 remedying his error in not validly serving the Claim Form. The Defendants submit that CPR 3.10 cannot rescue the Claimant. This general provision does not enable the Court to do what CPR 7.6(3) forbids: Vinos -v- Marks & Spencer plc [2001] 3 All ER 784; [2001] CP Rep 12 [20].”
Mr Justice Nicklin concluded, “The Claim Form was not served during its period of validity. In consequence, the Court has no jurisdiction over the Claimant’s claim. It follows that I should also formally dismiss the Claimant’s application for summary judgment.”
4. DVLA address data may not be accurate. DVLA data is provided for a single (very limited) reason, so a parking operator can invite the keeper to name the driver or to pay, or to inform the keeper they will be liable if not, and about their right to appeal.
4.2. The system is called 'KADOE' (Keeper On Date of Event) because it is a brief 'snapshot in time' address to enable a parking firm to send a Notice. Operators are only allowed to ask the DVLA once, hence the code of practice requires reasonable steps are taken to check address details are current before litigation. Even if a motorist later updated a VC5 logbook with a new address (or if the DVLA failed to note a change in a timely manner, which is reportedly common) a parking operator will not know, nor be able to find that out.
4.3. The DVLA keeper data may be outdated (i.e. the keeper cannot be reached at that address) for millions of motorists as reported in Birmingham Live on 3 November 2021. The parking industry know this, hence Codes of Practice direct that further address checks must be made. This is further evidence that DVLA address data should not be solely relied upon, especially with DVLA processing delays.
4.4  The KADOE address is not provided by the DVLA as a 'court claim service address' and cannot be relied upon, because it's an address where the vehicle was kept at a historical point in time (which may not be where the keeper lives; it's where the car was reported 'kept' last time the DVLA heard).
4.5  There is no safe presumption that a DVLA vehicle address is or was a valid address where a Defendant can be served, especially months or years later, especially where there is reason to believe letters are not being received. Silence after sending a Notice to Keeper, a reminder and then a Letter before Claim is a clear indicator that the keeper may not live there.
4.6 A claim sent to an old DVLA address with no soft trace checks (costing as low as 29 pence and offered free by debt collectors connected to the parking industry) fails to meet the BPA Code of Practice and fails to satisfy the specific 'pre-action Protocol for debt claims' and is in breach of the CPRs about the obligation to take 'reasonable steps' to check a Defendant's address so that service is effective.
5.  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.”
 
I believe that the facts stated in this Skeleton Argument are true.
NAME DATE

Coupon-mad

We'd recommend holding back the skeleton and the 4 authorities to send separately, to the local court (and the parking firm's solicitors) the week before your hearing, possibly even by post because of the number of pages.

If you try to attach all of it now to an email, the local court where it will be allocated, might refuse to print it because it exceeds 50 pages.

If you are on a low income/ low savings, have you checked if you qualify for the court's Help With Fees scheme?  No need to answer, just thought I'd signpost it as some people don't have to pay £275 due to a reduction.