ccj for parking fine

rms22

Coupon-mad said:

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). 

Where is the bit I need to quote from the DLUHC Code? 

I've looked at both of their WS but I can't see anything about the claim being 4 months dead mentioned.

rms22

edit - think I've found it: 

"If a driver, keeper or hire company does not respond to a notice of parking charge or subsequent correspondence, or a parking charge has not been paid in full, reasonable endeavours - including contacting credit reference agencies to undertake a ‘soft trace’ - must be undertaken by the parking operator and/or its appointed debt recovery agent to establish the correct correspondence details of the driver, keeper or hire company before commencing enforcement action. Where a new address is discovered the notice of parking charge should be re-issued at the original rate but with a further 28 days from service for a response (payment or appeal)." 

??

Coupon-mad

Of course. Be confident, there is no need to ask us everything, and it's vital that you research, find for yourself and read stuff thoroughly.

It only required searching (control & f on a laptop) for the words 'soft trace' so there was no need for us to find it or provide a link to the DLUHC Code.

If you haven't yet found the 4 months dead argument in the threads by the 2 posters i mentioned, then you haven't read their threads in full.  They both relied on that argument and Brokenchief won his case only the other day.

rms22

Coupon-mad said:

Of course. Be confident, there is no need to ask us everything, and it's vital that you research, find for yourself and read stuff thoroughly.

It only required searching (control & f on a laptop) for the words 'soft trace' so there was no need for us to find it or provide a link to the DLUHC Code.

If you haven't yet found the 4 months dead argument in the threads by the 2 posters i mentioned, then you haven't read their threads in full.  They both relied on that argument and Brokenchief won his case only the other day.

I mention the 4 months dead in my WS:

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

Coupon-mad

Ah, sorry, that will do.  Then as you will have seen from the 2 other cases, you will later need a skeleton argument & 4 case authorities.

rms22

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 XXXX 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 XXXX 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 August 2022.

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

2.2. 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;

2.3. I discovered a CCJ was lodged onto my credit file on the XXXX August 2022.

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

3.2. On XXXX  November 2022 I submitted my case in order to set-aside this judgment and fairly present my case.

3.3. 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.

4.1. 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.

4.2. 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.

4.3. 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. Checking for a new address is mandatory in the BPA Code of Practice (exhibit A) 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:

5.1.“If a driver, keeper or hire company does not respond to a notice of parking charge or subsequent correspondence, or a parking charge has not been paid in full, reasonable endeavours - including contacting credit reference agencies to undertake a ‘soft trace’ - must be undertaken by the parking operator and/or its appointed debt recovery agent to establish the correct correspondence details of the driver, keeper or hire company before commencing enforcement action. Where a new address is discovered the notice of parking charge should be re-issued at the original rate but with a further 28 days from service for a response (payment or appeal).”

5.2. 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.  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.

5.3. 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.

6.1. 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."

6.2. 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.

6.3. 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. 

7.1. 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.

7.2. 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 

Date 30/11/2022

rms22

Coupon-mad said:

Ah, sorry, that will do.  Then as you will have seen from the 2 other cases, you will later need a skeleton argument & 4 case authorities.

Thanks. I have drawn up the skeleton argument. I've renumbered the WS and added the bit about the DLUHC (4.3 and 5.1 in the WS above) - also renumbered the paragraphs. 

Would you say the WS is ready to send ? As I have mentioned the DLUHC exhibit does that mean I need to attach that page of the DLUHC along with the application and mark it as exhibit A ? 

rms22

Removing the 'of' as well re the dates.

Coupon-mad

You need to ensure you are not exceeding 50 pages otherwise it will get chucked out - read the thread by @Harvez63

rms22

I'm just going to send the excerpts from the relevant documentation - ie. page X of the DULHC saved as a PDF. 

Same with Page X of my Credit Report showing my current address and the start date of my mortgage payments.

Do I need to label these as exhibit A, B, C etc. ?

So I'd have Credit Report (A), DULHC (B), BPA Code of Practice Page 17 (C)

How do I go about submitting this application via email and paying the fee?