3 month old CCJ- N244 application sent: Areas of confusion 12 September 2022 at 2:32PM in Parking tickets, fines & parking 15 replies 237 views

GreenTree22

Hi all, 

I learnt of my CCJ on the 30th August 2022 of a default CCJ against me from 14th June 2022. The initial offence happened on the 25th October 2019, I received maybe 1 letter and then heard nothing after so presumed it had gone away. I moved house in April 2021 and had a redirection order in place for a year. I used MSE forums religiously for the last 2 weeks using the newbies forum and any that were relevant, i used templates for my draft order and witness statement but I just wanted to clarify some areas. 

I put in both CPR 13.2 & 13.3 and put for my good reasons under 13.3 about a detrimental impact on my credit score as I'm only 23 and was planning to get a mortgage this year although I've been advised nobody will touch me with a 3 foot pole with a CCJ against me. I also put in about how I could lose my job as clients rely on me having a clean personal record and then all of the bits about it being improperly served to my old address, how they didn't check it was the right address for over 2.5 years etc. 

Basically what I wanted to see is do I have to have a defence for the original parking charge? I've read some posts saying the Judge asked if the PCN was served to the correct address originally and if it was then 13.2 isn't applicable so the only way to have it set aside was to have a defence to the charge, I don't have one I barely remember parking there it was apparently an area of no parking but I can't remember signs or anything as it was over 3 year ago I did ask in my draft order that UKPC provide all details of the parking charge and I'm allowed 14 days to create a defence, but to be honest i'm hoping it will be set aside and I just pay the charge if they bring it against me again. I won't win the argument against the ticket as I'm pretty sure I was in the wrong so all I want to know is can it be set aside from the claim form being served to the wrong address and then all the other 'good reasons' for it to be set aside or is that just 'credit cleaning'?

I have no legal experience and the last 2 weeks have been so incredibly stressful, will i win the set aside motion if i make it clear I was happy to pay it I just didn't know anything was going on- it makes no sense I would have ignored it when it's absolutely destroyed my credit score and I literally can't get a mortgage and move out of my parents home currently?

Thanks

Coupon-mad

The claim wasn't properly served, as they didn't check your current address in 2022. They can't run with an old & notoriously unreliable 'car keeper address' from the DVLA (which doesn't even have to be the residential address of the keeper, after all).

This conduct in taking no steps to check the address for service before filing a claim breaches the CPRs and the BPA Code of Practice. A soft trace costs from 29 pence, so there is no excuse.

I hope you appended your evidence of moving home in 2021, to prove the address was wrong and that you were 'there to be found'?

You can get the whole claim struck out if you play your cards right.

You need to file & serve an additional bundle: a costs assessment and skeleton argument in October (once you are 4 months past the CCJ date) as seen in the threads by @Brokenchief or @Jack5656 and append the BPA CoP and the 4 case authorities linked in the former thread.

GreenTree22

Coupon-mad said:

The claim wasn't properly served, as they didn't check your current address in 2022. They can't run with an old & notoriously unreliable 'car keeper address' from the DVLA (which doesn't even have to be the residential address of the keeper, after all).

This conduct in taking no steps to check the address for service before filing a claim breaches the CPRs and the BPA Code of Practice. A soft trace costs from 29 pence, so there is no excuse.

I hope you appended your evidence of moving home in 2021, to prove the address was wrong and that you were 'there to be found'?

You can get the whole claim struck out if you play your cards right.

You need to file & serve an additional bundle: a costs assessment and skeleton argument in October (once you are 4 months past the CCJ date) as seen in the threads by @Brokenchief or @Jack5656 and append the BPA CoP and the 4 case authorities linked in the former thread.

Hi- I did indeed I included the evidence of my house move as well as my dvla & electoral role re-registration to my new address so there was definitely more than enough ways for them to find me. I included all that you mentioned above as the MSE was my bible for the past 2 weeks!

Thank you so much for confirming and I'll have a look at the threads you mentioned. I really appreciate all that you've put on the forum it was a life saver.

GreenTree22

Hi all!

I won my CCJ set aside on the 16th November and it was apparently an open and shut case! Due to me having moved but changed all my details as soon as I moved the judge was more than happy that I had done my part and didn't even need to hear my side of the story. UKPC tried to argue it was the right address at the time and it was my fault for ignoring the letters previously however the judge kept having to remind the paralegal that we're not here to talk about the original fine or the notices but the actual legal court documents which they served to an address they had not checked despite no communication from me for over 2 years! The judge was frankly shocked that they hadn't bothered to check before issuing the claim form and advised the Paralegal to inform UKPC that this is not how the process should go and that it is wrong how they acted as I was there to be found and they did not take reasonable measures at all. She set it aside straight away and as I asked in my draft order to have the £275 reimbursed the judge stated they had to pay me the £275 back as I had to take them to court out of my own pocket despite them serving it incorrectly. 

Basically this is where I am confused;

1. I rang the court and was told that the order won't be completed until roughly 12th January as there is a 35 working day wait time. I emailed QDR asking them where my payment was as the Judge said they had until the 30th November to pay me my court costs and they had asked for my bank details on the 2nd of December 'in compliance with the order' they said, they replied today stating they were waiting for the official order to come through before sending payment. 
2. Basically how does the order delay affect the deadlines the Judge gave? They had until the 14th December to re-serve and they didn't so what happens with the claim? Is it dismissed as it is well over the deadline or will they argue they can serve it as the order didn't come out until January?

My main question which needs answering is; 
1. Is the claim now dead as it has gone after the deadline given by the Judge regardless of the 'official' paperwork order being sent out?

Coupon-mad

Email the court and state that the Claimant has failed to pay the £275 ordered to be paid by (date) and have also failed to re-serve the Claim which had to be done by (date).

As such, they stand in breach of the order made at the hearing on (date) and the claim is dead - it has not been served despite being given this extra chance to serve it - and in accordance with the overriding objective, you ask that the Judge dismisses the claim entirely, for want of service within 4 months of it being filed.

GreenTree22

Hi all, Sorry another development with this case.. 

I emailed the court the above by Coupon-mad and didn't receive a response (our court is dreadful with responding)- They ended up paying me on 10th January so almost 6 weeks later than ordered. I didn't receive anything else from them and of course the deadline for them re-serving the claim form was the 14th December 2022 so we are well past that now but UKPC and QDR just don't give up and they sent me a new document on Saturday the 4th February which had the old claim form with 'reference only' pasted across it and then a N9 response form? I contacted them asking if this was a new claim form they were serving as they had provided the old one and they said yes, they acknowledged the order in the covering letter so they've seen it but said I need to seek individual legal advice. 

I did as we have a friend of the family that used to be an enforcer of CCJ's so was happy to help with how they have served this wrong again. He has helped me write a defence stating the claimant has failed to comply with the order ruled by the judge on the 16th November and so it should be struck out (I can add this if you would like to review)

He's told me to print, sign and send this to my county court, the CCBC and QDR all with signed/tracked delivery but is there anything else I need to do i.e more forms etc.? Am I in the right that they've tried to serve me another claim form over 2 months after the judge ruled deadline and will it be struck out then? 

Do I need to complete the N9 response form and send it with my defence and perhaps a copy of the highlighted order?

I'm just slightly confused why they would even bother sending a claim form when they know the deadline was mid december? I feel like i'm missing something really obvious and that they're actually allowed to do this or are they just really stupid and think I'll just pay? 

Coupon-mad

I'm worried what the defence you intend to file & serve actually says, if it's been written by someone who is legally qualified but doesn't appreciate all the nuances of private parking cases.  Show us the defence you plan to file & serve.

You certainly DO NOT sent anything signed for/tracked delivery for a start!

GreenTree22

In the County Court at XXXX Case No XXX

Between UK Parking Control Limited Claimant

          

   

         v

                 XXXX Defendant

  

               ___________________

             DEFENCE

               ___________________

1. By Order dated 16 November 2022 at the County Court XXXX,  DDJ XXXX made an order that the Claimant serve upon the Defendant claim form and particulars of claim by

14 December 2022. (It will be noted that solicitor for the claimant was present on that date). 

The Claim form and particulars in this matter are dated 2 February 2023 and were received by the Defendant on 4 February 2023. The claim was served 52 (fifty two) days after the date Ordered by the court.

Additionally, despite the Defendant contacting the Claimants agent by telephone since the hearing on 16 November 2022 the Claimants agent has made no attempt to reach agreement (see item 3 of the Order).

The Defendant respectfully requests that the claim be struck out due to the Claimants failure to comply with the Order and a continuation of wasted court time.

2. Notwithstanding the above. The Defendant does not deny being the keeper of vehicle XXXX, that the vehicle was parked at XXXX parked inappropriately on 25 October 2019.  

3. If the Claimant or the Claimants agent had contacted the Defendant the matter would have been settled without delay and avoided valuable court time and unnecessary costs. However, the Claimant failed to contact the Defendant.

The Defendant believes that the contents of this Defence are true. 

Dated this 7th day of February 2023.

Signed………………………………………………Defendant

            XXXXX

                  To; The Claimant and the County Court at XXXX

So it's worth me noting here also that in my set aside hearing the judge outlined that I could put my defence in by the something of January but she did say that I probably wouldn't get it dismissed as I basically was in the wrong I was parked where no parking was allowed at any time but ignored it as I was young and dumb at the time! So she advised to settle which I noted I was happy to do so all parties were aware I was looking to pay but they haven't filed it even remotely in time so now I'm looking to have it dismissed entirely! 

Could you comment on this liklihood and the missed deadline of the order from the set aside hearing, will it be a fairly open and shut case as they didn't comply at all? 

Le_Kirk

That is a very old statement of truth!

GreenTree22

Le_Kirk said:

That is a very old statement of truth!

Sorry could you explain what you mean please? 

KeithP

What @Le_Kirk means is that your 'enforcer' friend is out of date with his guidance.

Since 6 April 2020 - nearly three years ago - a revised and more comprehensive Statement of Truth has been required.

The newer version is spelt out in the second post of the NEWBIES thread.