ccj for parking fine

rms22

Coupon-mad said:

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.

Ok thanks, so the only thing I need to send at the moment is the WO and Draft Order as two separate documents, and the N244 ? 

Am I supposed to email these three things and if so do I send the WO and Draft Order as Word Documents or as PDFs? Also do I sign the signature digitally? 

Thanks again.

Coupon-mad

Answered just hours ago here:

https://forums.moneysavingexpert.com/discussion/comment/79543249/#Comment_79543249

HTH

rms22

Hi, 

I'm hoping to get everything sent off tomorrow but I need some help with the N244 Application Form and a few things I don't understand:

In the Claimant's name inc. ref - what is the ref?
Also for the defendant's name inc ref - what is the ref?

3: 'What order are you asking the court to make and why?'
I have put "An order that the judgement in default is set aside pursuant to CPR 13.2, alternatively 13.3, and the defendant be allowed to file a defence in the case. The defendant only discovered the judgment when they checked their clearscore credit report on X of August 2022 ."  - Is this ok?

5: How do you want to have this application dealt with? At remote hearing or hearing?

6, 7 and 8 I have left blank.

9. Who should be served with this application? What do I put here? 

9a.Please give the service address, (other than details of the claimant or defendant) of any party named in question 9.What do I put here?

How do I sign the N244 form electronically?

If someone could please help me with this it means I can complete the N244 form.

I'll then email with it the WS as a PDF and the Draft Order as a .doc 

Is that all I need to send ? 3 things - the N244 as PDF, WS as PDF and the DO as .doc ? 

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

The WS will be written as follows although I have some questions about the following points.

1.3.2 I'm not sure of the date when the building was demolished and therefore not sure whether to even include this?

1.3.1 where I state that I can include my equifax report showing my updated address and a bank statement showing my last mortgage payment - do I also include these in the email along with the N244, WS and DO and if so as PDFs?

How do I sign the WS?

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 November 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 __________

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

 The Draft Order reads as: 

DRAFT ORDER

UPON reading the defendant’s application dated (is the date the date I submit these documents via email?)

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.

If someone could please answer these questions and help me submit the form I'd be ever so grateful.

Thank you.

Coupon-mad

Remove this bit because the new Code is currently temporarily withdrawn:

the new statutory Code of Practice this February, and has banned it. 

rms22

Thanks, I'll remove that. I would grateful if I could have help with the N244 application form and if the WS and DO are ok ?

Coupon-mad

What do you need to know about the N244?

Coupon-mad

asp746 said:

i found out the same way about my two CCJs, went to check credit score and parking ticket went to old address.  I've just accepted liability but the financial devastation has meant there are now things I can't buy and my credit rating was excellent.  I hold my hand up and think i may have forgotten to notify dvla but not 100% sure because I have been taxing my car so have been fully legal.  Its draconian that it's for six years for a ticket which is the same as someone who's run up thousands on consumer debts and been irresponsible.  Good luck with your application and if you have any luck i may follow you.

What do you mean you accepted liability? 

Please reply on your own new thread about this because you cannot wait to see what happens here (we know what happens - the CCJ will be set aside, we do these ALL the time, every day here). Forgetting to change your DVLA address is irrelevant.

You must act very promptly to set aside these 2 CCJs.

That means NOW, this week.

Just get the CCJs set aside because they were served to an old address. Most Judges even order the parking firm to pay back the £275 court fees.

This DOES NOT involve paying the CCJs and what to do to set aside parking CCJs is already fully covered in the second post of the NEWBIES thread.

rms22

Coupon-mad said:

What do you need to know about the N244?

I'm not sure what to put for these (I've had a look to see what the templates look like as mentioned in the newbies thread but the templates aren't on there)

In the Claimant's name inc. ref - what is the ref?
Also for the defendant's name inc ref - what is the ref?

3: 'What order are you asking the court to make and why?'
I have put "An order that the judgement in default is set aside pursuant to CPR 13.2, alternatively 13.3, and the defendant be allowed to file a defence in the case. The defendant only discovered the judgment when they checked their clearscore credit report on X of August 2022 ."  - Is this ok?

5: How do you want to have this application dealt with? At remote hearing or hearing?

6, 7 and 8 I have left blank.

9. Who should be served with this application? What do I put here? 

9a.Please give the service address, (other than details of the claimant or defendant) of any party named in question 9. What do I put here?

How do I sign the N244 form electronically?

The rest of it I know what to put. 

Along with the N244, is it just the WS and DO that I need to submit with it or do I need to submit my bank statements and credit report.

Coupon-mad

I think these questions are all answered in the CCJ set aside section of the NEWBIES thread.

rms22

Coupon-mad said:

I think these questions are all answered in the CCJ set aside section of the NEWBIES thread.

Thank you very much. I've filled out the N244 form, just one thing I'm not sure on - for box 9a..

Do I put Civil Enforcement Ltd's address in here ? Which I think is Horton House, Exchange Flags, Liverpool L2 3PF

And on 10..  I have just ticked the box which says 'the attached WS'



Aside from that the N244 is complete. I know I've already asked and may be asking the obvious but along with the N244 is it just the WS and DO that I need to send or do I need to send the credit report showing my address and when I moved ?

Thanks. I am hoping to get this all sent off today and really do appreciate your help.