CCJ served at wrong address - SORN vehicle

parkingpains1

@KeithP

We don't know when the claim was issued (although we can find out tomorrow from CCBC if that would be beneficial?), only when the judgment was filed. Either way, I presume the 4 months dead argument still applies - do you agree?

My understanding is that when a claim is issued it has to be served within 4 months (which would make the earliest possible date for issue August 2021, which would mean we wouldn't have lived in the address it was served to for 7-8 months at the time of issue). 

Coupon-mad

Of course the '4 months has passed since the claim was filed, so it is dead, due to want of service' argument applies.  We are over a year past December 2021, which was around the time the claim would have been improperly served.  You don't need a date.  We are well passed four months!

My understanding is that when a claim is issued it has to be served within 4 months (which would make the earliest possible date for issue August 2021.

No idea what you mean really but you do not need to know when the claim was filed.  Would have been November or early December.

Also stop focussing on this argument that the Judge probably won't like anyway.  Not many Judges like case law that suggests that they might have got it wrong all these years by letting un-served or improperly served claims survive!

This is a SECONDARY ARGUMENT. Stop focussing on it.

You are far more likely to just be asked about when you changed your VRM address with the DVLA (not that it matters, because PPCs are not allowed to ask the DVLA twice).

Or the Judge might ask when you moved and wants to be sure you didn't receive the claim, and the Judge will muse: did the PPC do anything wrong by serving the claim to the old address?

You say:

Yes they did because they failed to do a timely soft trace to find your 2021 address.  This is not only in breach of the Practice Direction but also a clear breach of the Code of Practice which is effectively 'regulation' because it is mandatory.  You were there to be found.

The Judge might also ask why you ignored the PCN if you knew about it early on? 

You say:

The scary demands and fluctuating extortionate amount and red writing on the early letters bore all the hallmarks of a scam.  Then it went quiet so you believed it was over and didn't give what looked like a scam a second thought.

The Judge will also ask about your prospective defence to the PCN.  Do not be vague.  This can make all the difference if the Judge is unsure about setting aside the CCJ.  Your prospects of successfully defending the PCN are vital so you need to write bullet-point notes about what your defence is (usually crap signage..?).

And YOU MUST ask for your £275 fee to be ordered for the Claimant to pay you, because you are out of pocket due to the CLAIMANT'S clear failure to comply with the Code and trace you in late 2021 just prior to litigation.

If they did a soft trace they did it in 2020 or earlier and that is not timely.  Wholly unreliable when filing a claim just before Xmas 2021!

parkingpains1

@Coupon-mad

Thank you, this is very helpful.

I think we were getting hung up on the 4 month dead argument, which I still don't fully understand (enough to argue at a hearing).

Clear on the DVLA argument - only one search allowed.

Clear on the soft trace argument - DCBL didn't bother, or must have done it far too early, as if they had searched us in December 2021 they would have found us at our last known address.

PCN - in our case, this is my my employer's leasehold on the car parking space, for which I have the deeds to the building and an diagram outlining the two leasehold parking spaces as part of the building purchase in 2013. We therefore ignored it as my employer 'owned the spaces' so we didn't believe it would come to anything. 
Is this a reasonable initial argument?

Thanks

Coupon-mad

Yes, sounds great.  Very solid.

All you need to understand about the 'improper service' point (and this claim is dead) is that more than 4 months has passed since late 2021 and you have NEVER been served with a claim.

It is that simple!  But very much secondary.

parkingpains1

@Coupon-mad

My mind is at rest! You're amazing. Wish us luck for tomorrow - unless there are any other pearls of wisdom you think would be useful ahead of the hearing?

Coupon-mad

Get there half an hour early as it's like getting through Airport security. Call the judge 'Judge'.

parkingpains1

Coupon-mad said:

Get there half an hour early as it's like getting through Airport security. Call the judge 'Judge'.

Thanks! Aiming for an hour early just in case! Noted on 'Judge'!

parkingpains1

@Coupon-mad

Sorry, just one last thing. Do we need to take printouts of evidence of current address at time of claim (i.e. council tax, bills etc)? 

These were submitted as an appendix to the n244 with the WS and draft order, so I presume the judge could refer to that earlier submission if needed? 

KeithP

My suggestion is to take everything that you could possibly need.

Coupon-mad

Yep, take hard copies.