CCJ served at wrong address - SORN vehicle

KeithP

You have shown us a Witness Statement but the Statement of Truth says "I believe that the facts stated in this defence are true".

Replace the word Defence with the words Witness Statement.

parkingpains1

@Coupon-mad
Perfect thanks! I'll update now. 

I'll send it off as soon as I figure out how to actually do that.

parkingpains1

@KeithP
Thank you! Didn't spot that!

parkingpains1

@Coupon-mad
Do I just remove point 2. about costs being reserved, as getting the costs back from the claimant is referenced in points 3 and 5?

Coupon-mad

You haven't copied the right WS.

I can tell you've used that old pre-2022 one with the wrong word 'wilfully' (Google it) and you have nothing about the '4 months dead' argument' which is what @Brokenchief and @Jack5656 have in their versions. Those are the threads to read and use.

parkingpains1

@Coupon-mad
I've looked back at the threads you recommended and think I've got it now (hopefully!). If you have a moment I'd be extremely grateful if you could have a quick look over it before I send?

On another note... I'm unsure whether I put the claimant as DCBL or UKPC? I presume DCBL, but noticed that @Jack5656 had referenced both CEL and DCBL.

In my Draft Order, I've included (like Jack5656) the 4 month dead reference, I'm just slightly unsure if this applies to my case (would it always apply if served to the wrong address 11 months after moving?) as I don't fully understand it.

Thanks again for all your help!

—-----------------------------------------

WITNESS STATEMENT OF XXXXXXXXXXX

—-----------------------------------------

1. I am XXXXX of XXXXX, and I am the Defendant in this matter. The facts are true to the best of my belief and my account has been prepared based upon my own knowledge.
   
   

2. This is my supporting statement to my application dated XX September requesting to:

a. Set aside the default judgment dated XX December 2021 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 Judgement against me as the Defendant on XX December 2021. I am aware that the Claimant is UK Parking Control Ltd (SHOULD THIS BE UKPC?), and that the assumed claim is in respect of an unpaid Parking Charge.

1.3. The claim form was served at my previous address and I thus was not aware of the Default Judgement until XX August 2022 following a check of my Experian credit report.

1.4. The address on the claim is XXXXX. I moved to my current address at XXXXX on the XX January 2021. In support of this I can provide a scanned copy of my mortgage agreement, alongside a council tax and utility bill; Annex A

1.5. I never had any notification of the claim but was advised in a phone call to Direct Collection Bailiffs Limited (DCBL) on XX August 2022 that their claim relates to a parking charge in 2017 at my wife’s workplace XXXXX. 

1.6. 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;

1.6.1 I discovered a CCJ was lodged onto my credit file on the XX August 2022.

1.6.2 On 24th August 2022 I contacted the Northampton County Court to obtain relevant information relating to this default judgement. I was informed that Northampton County Court had limited information and that the CCJ had been filed by DCBL, who I also contacted on XX August 2022.

1.6.3 On 8th September 2022 I submitted a subject access request to UK Parking Control Ltd via email.

1.6.4 On XX September 2022 I made a written request to UK Parking Control Ltd (Claimant) and Direct Collection Bailiffs Limited (Solicitors) inviting them to consent to set aside the judgment due to the reasons in paragraph 1.3. I informed them that if there was no agreement by XX September 2022 I would be filing a N244 set aside application.

1.6.5 The Claimant turned down my request.

1.6.6  On XX September I submitted my case in order to set-aside this judgement and fairly present my case.

1.7. 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.

1.8. 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 I no longer reside. The claimant did not take reasonable steps to ascertain the address of my current residence despite having some 11 months to establish an address. This has led to the claim being incorrectly served to an old address and an irregular judgement.

1.9.   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.

2.0.   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. A failure to carry out proper checks to establish the right address for service before filing a claim not only breaches the CPRs but also the pre-action protocol for debt claims and the British Parking Association Code of Practice. The Claimant acted wholly unreasonably by negligently or deliberately disregarding all rules and caused the claim to be improperly served.  

2.1. 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.

2.1.1. 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.

2.1.2. Furthermore, 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. 

2.1.3. 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.

2.2.  Considering the above I was unable to defend this claim. I believe that the Default Judgement 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.

STATEMENT OF TRUTH

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 AND DATED

ANNEX A

---------------------------
DRAFT ORDER

UPON reading the defendant’s application dated XX September 2022.

IT IS ORDERED that:

 
1. The default judgment dated x December 2021 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

The Claimant is the Parking firm, not their solicitor.

"UK Parking Control Ltd (SHOULD THIS BE UKPC?)"

No. The full name of the company, not an acronym.


How did you find this out:

"1.6.1 I discovered a CCJ was lodged onto my credit file on the XX August 2022."

If it was because DCBLtd traced you...then think about how darn easy that was for them, and add a point pointing this out.  The DCB group could and should have traced you all along, before filing the claim to an old address.  Not to bother is both unreasonable and a flagrant breach of the BPA Code of Practice.


Yes - the 4 months dead argument applies to you.  That's far better.  I hope you read to the end of @Brokenchief 's thread and saw you also need to file & serve (the week before the hearing) your costs assessment and a 'skeleton argument' (copy his) to support the '4 months dead' point, with 5 attachments that Brokenchief kindly linked copies of for everyone else to use.

Crib from his thread.

Also look next week sometime, ahead at the Template Defence Announcement thread because you may need to tell the Judge the basis of your defence at the hearing.   Your SAR from UKPC will be back by then.

The Draft Order is a separate word doc.

The Witness statement is a signed & dated PDF.

When it's all attached to an email with the claim number and URGENT SET ASIDE APPLICATION in the subject line, ring up the CCBC and pay the £275 and email your attachments and N244 to the CCBC while you have them on the phone, to make sure they say they have it.

parkingpains1

@Coupon-mad

Thank you for all this extra info, unbelievably helpful!

Coupon-mad said:

The Claimant is the Parking firm, not their solicitor.

"UK Parking Control Ltd (SHOULD THIS BE UKPC?)"

No. The full name of the company, not an acronym.

Ok, so alway UK Parking Control Ltd, never refer to DCBL on Draft Order etc (only refer to them i in passing in the Witness statement, as it was DCBL that Northampton CCBC told us to contact to find out more information regarding the claim)?

How did you find this out:

"1.6.1 I discovered a CCJ was lodged onto my credit file on the XX August 2022."

If it was because DCBLtd traced you...then think about how darn easy that was for them, and add a point pointing this out.  The DCB group could and should have traced you all along, before filing the claim to an old address.  Not to bother is both unreasonable and a flagrant breach of the BPA Code of Practice.

Sadly, I don't think we can add this, as it was only by chance on noticing a massive credit rating drop on Experian that I discovered the CCJ on my file.

Yes - the 4 months dead argument applies to you.  That's far better.  I hope you read to the end of @Brokenchief 's thread and saw you also need to file & serve (the week before the hearing) your costs assessment and a 'skeleton argument' (copy his) to support the '4 months dead' point, with 5 attachments that Brokenchief kindly linked copies of for everyone else to use.

Yep, read and noted, thanks!

Thanks again!

1505grandad

A heads-up (if only for consistency):-

DEFAULT JUDGMENT

"1.2. I understand that the Claimant obtained a Default Judgem(e)nt ...."  -  there is no middle "e" in this context (Google CCJ)

There are several other "Judgments" with the erroneous middle "e" in the doc.

parkingpains1

@1505grandad
Thank you! I'll update those straight away!