ccj for parking fine

Coupon-mad

Yes all the above is correct and yes, DO ATTACH your proof of address/move, plus a page taken from the BPA Code of Practice that has the paragraph about AOS members having to check details are correct before litigation (it means a soft trace).

You need that clause, to show your Judge that what CEL did -assuming they just used your old address - was against the BPA CoP.

rms22

Just realised that it's the claimant's name for 9 and their address for 9a. 

rms22

I've completed the N244 form, I just need to sign it electronically - how can I do this? I'm filling the form out on the website.

Just one thing I am wondering is about question 10.

10. What information will you be relying on, in support of your application? 

I have only ticked the box 'the attached WS statement'. Is this sufficient?

 - I'll then attach the WS  - with regards to that there are just two things I need help with please.

Should I send a copy of my bank statement showing my first mortgage payment for my current address as opposed to my most recent payment. I moved to my current address in October 2020. 

If so this part in bold would need changing on the WS would it not ? 

1.3.1 The address on the claim is XXXX. I moved to my current address at XXXX on 18th of October 2020. In support of this, I can provide a scanned copy of my bank statement showing my last mortgage payment at my current address and an Equifax Credit report showing my updated address.

For clarity, here is the WS and DO, if all looks good or any amendments need making please let me know and hopefully I can get this all sent off today.

Thank you.

Case Number: XXXX

 

WITNESS STATEMENT

I am XXXX 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 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 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 Clearscore’s website on the XXXX.

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

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 XXXX.

1.4.2 On the XXXX I contacted the Northampton County Court Business Centre to obtain relevant information relating to this default judgment.

1.4.3 On XXXX 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 XXXX (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, 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 XXXX

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DRAFT ORDER

 UPON reading the defendant’s application dated XX November 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.

  

rms22

Coupon-mad said:

Yes all the above is correct and yes, DO ATTACH your proof of address/move, plus a page taken from the BPA Code of Practice that has the paragraph about AOS members having to check details are correct before litigation (it means a soft trace).

You need that clause, to show your Judge that what CEL did -assuming they just used your old address - was against the BPA CoP.

Thank you. 

I actually downloaded my Equifax credit report on the 6th of August 2022 (the date I discovered the ccj on clearscore's website)

I've just checked said Equifax report and upon doing so I've just noticed this section:

4. Credit Agreements

This section shows information provided by financial lenders and other service

providers such as utilities and telecoms companies that share information with

Equifax. It includes details of existing and previous accounts and historical

information about your repayments.

Organisations typically update and supply this information to Equifax on a monthly

basis and we retain the data for up to six years after an account has been settled

(closed), written off or defaulted. Live accounts will remain on your Equifax Credit

Report indefinitely. Not all organisations share data with Equifax so we may not have

information on all your accounts.

Open Credit Agreements

Mortgage / Rentals Agreements

Mortgage from XXXX

Account Number XXXXXXXXXXXXXXXXXXX

Address On Agreement (CURRENT ADDRESS)

Account Holder MR XXXX

Date of Birth XXXX

Repayment Terms XXXX payments @ £XXXX

Status Up to date with payments

Payment Frequency Monthly

Credit Limit N/A

Start Balance £XXXX

Current Balance £XXXX

Default/Delinquent Balance £0

Start Date 16/10/2020

Date Updated 19/07/2022

Date last Delinquent N/A

Date Satisfied N/A

Will this suffice for proof of address and proof of address and move and negate the need for attaching a copy of my bank statement nor anything else?

If so, should I just attach that particular page from the credit report or should I attach the entire credit report which is already a PDF document?

Many thanks for your help.

rms22

Is it page 32 from the BPA Code of Practice and this paragraph ? : 

2 (1) In this Schedule: “the appropriate national authority” means: (a) in relation to relevant land in England, the Secretary of State; and (b) in relation to relevant land in Wales, the Welsh Ministers; “the creditor” means a person who is for the time being entitled to recover unpaid parking charges from the driver of the vehicle; “current address for service” means: (a) in the case of the keeper, an address which is either: (i) an address at which documents relating to civil proceedings could properly be served on the person concerned under Civil Procedure Rules; or (ii) the keeper’s registered address (if there is one); or (b) in the case of the driver, an address at which the driver for the time being resides or can conveniently be contacted;

https://www.britishparking.co.uk/write/Documents/AOS/AOS_Code_of_Practice_January_2020_v8(2).pdf

KeithP

No.

It is paragraph 24.1c in that document...

rms22

KeithP said:

No.

It is paragraph 24.1c in that document...

Thank you. I have saved just page 17 as a PDF and will attach that along with everything else.

rms22

Ok so the N244 is complete along with electronic signature. I'm just wondering whether I should add this to the box below question 10 ?

rms22

Ok I'm ready to email these and submit the application: 

I know I've posted this several times recently but I've had to make a couple of changes so before I send I'm just wondering if these are ok to email, both the WS and DO, these are the final revisions unless any amendments need making?

Here is the WS:

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

Case Number: XXXX

 

WITNESS STATEMENT

I am XXXX and I am the defendant in this matter. This is my supporting statement to my application dated 30/11/2022 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 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 Clearscore’s website on the XX of August 2022.

1.3.1 The address on the claim is XXXX. I moved to my current address at XXXX on XX of October 2020. In support of this, I can provide a copy of my Equifax Credit Report showing my current address at XXXX.

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 XX of August 2022.

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

1.4.3 On 30th 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 XXXX.

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 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 (electronic signature)

XXXX

Date 30/11/2022

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

Here is the DO

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

DRAFT ORDER

 

CLAIM No: XXXX
BETWEEN:
CIVIL ENFORCEMENT LIMITED (Claimant)
-- and --
XXXX (Defendant)

 

UPON reading the defendant’s application dated 30/11/2022

 

IT IS ORDERED that:

 
1. The default judgment dated XX of 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.

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

Could someone kindly please let me know if this is ready to send? If so I am ready to send the N244, WS, DO and my entire Equifax Credit Report (downloaded as a PDF in August 2022) via email and make the application.

 

 

Coupon-mad

In 1.6.3 add reference to the fact that checking for a new address is mandatory in the BPA CoP exhibit x so this Claimant is knowingly in breach.  Further, the new statutory DLUHC Code of Practice (stalled ONLY due to a challenge about the level of parking charges, and no other clauses are affected) states:

 ... then quote the bit from the incoming new DLUHC Code about mandatory soft traces...

Remove the superfluous word 'of' in all the dates.

Add in the usual argument about the claim being dead after 4 months.  It's in your DO but I didn't see anything about it in your WS?  See other CCJ set aside threads - @Brokenchief and @Jack5656 have that wording. 

Then re-number the entire WS in normal numbering!  The example you copied has horrible & unnecessarily convoluted 1.6.3 numbering!

The Draft Order must be a separate attachment, a WORD DOC so the Judge can use it (which is what you want).