Parking CCJ set aside, some advice required

EpsomJim

All,

I am after some advice (or perhaps confirmation of planned next steps) for a CCJ that cropped up a few weeks ago.

I was in the final stages of a house purchase, when a final mortgage check threw up a CCJ that had been added to my credit file since the initial application.

I called the County Court straight away, and got the details of the alleged incident:

     -  a parking charge from Local Parking Security Ltd from the 19th October 2016

     -  I confirmed with the CCBC that the claim form was sent on 8th April 2022 to an address that I moved from in 2018

     -  The car that attracted the PCN was sold before I moved house, and V5C updated at sale

     -  I updated my address with the DVLA when I moved, as well as electoral roll etc.

It being rather a pressured situation (less than one week from exchange), I paid the charge. My mortgage provider’s underwriter had said they wanted evidence of satisfaction of the debt before they would confirm the offer.

I now want to get the CCJ set aside. Looking at other posts on the forum, it seems my next steps should be:

1.  Contact the operator to politely request they agree to an uncontested set aside (being as they’ve got their money and the alternative would be a contested set aside with the chances of that being taken away)

2.  Put SARs into the operator and solicitor to confirm I didn’t respond to any of their correspondence (I don’t recall getting any), in case I need to set aside without consent

3.  Get ready for N244 process if the PO say no

4.  Write a stinker of a letter to my MP about the issue

Am I missing anything? While I appreciate I have weakened my position re: an uncontested set aside by paying, I didn’t really feel I had a choice in the circumstances. Any delay to the set aside process would have meant the house falling through.

Coupon-mad

Yep, I think you did it right and sadly, had to pay this rip-off CCJ - but never again!

Let's get this crap changed under the Public Consultation when it opens.

Main aim is to remove and ban the £70 'reward' success fee in future, that victims see added to pretty much every claim and that people like you can't even protest about, once you discover an inflated CCJ.

Your planned action looks correct. You must act promptly (CPR 13.3 depends upon it) so don't hang about if they won't consent.

Le_Kirk

You need to act promptly now that you know about the CCJ, judges like promptness but they don't like credit cleansing so think carefully how you word your witness statement that goes with the N244.

EpsomJim

So, I received a response from the parking operator on Friday afternoon. It has given me a little more information but, at the same time, has left me more confused.

'Thank you for your email dated the 17th October 2022.

We can confirm that we have attached Photographic Evidence to this email. Please note that these are time and date stamped. We advise that this shows the Parking Charge Notice being attached to the vehicles windscreen. We have also attached a copy of the Parking Charge Notice that was placed on the vehicle.

As we did not receive an appeal/payment, a First Reminder Notice was then sent to the Vehicles Registered Address. (This has been attached above). Please note that Local Parking Security requests the details of the Registered Keeper of the Vehicle directly from the DVLA. The details on the First Reminder Notice are the details provided from the DVLA.

We can confirm that once a CCJ has been issued, we are unable to assist this further.

As this is no longer with ourselves, you will need to contact Gladstones Solicitors directly regarding your Parking Charge Notice.'

So, firstly the fact that this was an actual ticket placed on my car. That would imply I was certainly aware of it at some point, though I can't remember it for the life of me.

Secondly, the lack of an appeal. I've checked Whatsapp messages etc. On the day in question, my daughter was rushed to hospital with a severe bacterial infection, which presumably explains the overstay in the car park. I think it unlikely I would have let that pass without a request to cancel the ticket. The SAR came back with nothing, though.

Thirdly, their request to deal with Gladstones. Does that mean that they transferred the claim over? Or are they just saying that they don't care, and I can try my luck with Gladstones? My understanding was that it had to be the claimant that agreed to any set aside?

Is it worth contacting Gladstones re: set aside with consent? Is it worthwhile contacting the landowner (a pub), to get them to add their voice to any set aside request (if they were of the opinion that having to rush to hospital was an acceptable reason for an overstay). Does that count as a potential defence to go alongside my request to have it set aside because they sent to a very old address?

I've attached the documentation the PO provided here - hxxps://ln5.sync.com/dl/2a6977f60/hap3suc3-9vbs2nn8-zvsqcpjm-vt57d7mw - the original ticket, and then a reminder letter (which I don't remember receiving).

It's looking increasingly likely that I am going to have to go for the £275 set aside option. I'm going to go and do some more exploring in the car park (though signage etc. might have changed), so I can provide more options for defence.

Any thoughts welcome!

Coupon-mad

You don't have time and don't need to ask Gladstones nor take photos of the car park yet.  This is NOT about your defence (yet).

You need to crack on with the N244, WS and Draft Order (see the thread by @Brokenchief as a recent example).

As I said, time is of the essence and I'd date your N244 application TODAY so it isn't dated November:

 You must act promptly (CPR 13.3 depends upon it) so don't hang about if they won't consent.

Le_Kirk

I have tried to make your link live but there seems to be something missing from the front of it!!

https://ln5.sync.com/dl/2a6977f60/hap3suc3-9vbs2nn8-zvsqcpjm-vt57d7mw

EpsomJim

Le_Kirk said:

I have tried to make your link live but there seems to be something missing from the front of it!!

https://ln5.sync.com/dl/2a6977f60/hap3suc3-9vbs2nn8-zvsqcpjm-vt57d7mw

sorry - I'd always been told to mask the link on here. Thank you for correcting - that takes you to the right place

EpsomJim

Coupon-mad said:

You don't have time and don't need to ask Gladstones nor take photos of the car park yet.  This is NOT about your defence (yet).

You need to crack on with the N244, WS and Draft Order (see the thread by @Brokenchief as a recent example).

As I said, time is of the essence and I'd date your N244 application TODAY so it isn't dated November:

 You must act promptly (CPR 13.3 depends upon it) so don't hang about if they won't consent.

Thank you - on it.

EpsomJim

Ok - please find relevant fields from N244, and my draft Witness Statement and Draft Order below. I think I have looked up all of the relevant threads, and included the correct information on the 4 months dead rule. 

N244 Q3
This is a mandatory set aside situation pursuant to CPR 13.2, but the Defendant has also acted promptly and has good prospects of defending any claim from the Claimant. Therefore, CPR 13.3 also applies, to further support the application to set aside the CCJ.

Question - some time has passed since I learned of the default judgment. This is in part due to the fact it happened one week before exchange on a house purchase (which was then delayed by two weeks while I argued my case with underwriters) that didn't complete until the 21st September, but also due to work/personal stresses etc. On that basis, shall I leave out the 'has also acted promptly' and just say I have good prospects of defending the claim?

N244 Q6 - have gone for 30mins

WS/DO

Claim No:

WITNESS STATEMENT OF DEFENDANT

I am XXX and I am the defendant in this matter. This is my supporting statement to my application dated 30th October 2022 requesting to:

a. Set aside the default judgment dated XXX as it was not properly served at my current address.

b. Order for the claimant to pay the defendant £275 as reimbursement for the set aside fee.

c. Order for the original claim to be dismissed, and the claimant to reimburse the defendant the £xxx already paid.

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 Judgment against me as the Defendant on XXX. I am aware that the Claimant is Local Parking Security Ltd, and that the assumed claim is in respect of an unpaid Parking Charge Notice dating from 19th October 2016.

1.3. The claim form was not served at my current address, and I thus was not aware of the Default Judgment until the 18th August 2022, when the issue came up during a final credit check as part of a house purchase.

1.3.1 The address on the claim is XXX. I moved from that address on 27th July 2018 to XXX. I then moved again on 21 September 2022 to my current address of XXX. In support of this, I can provide a scanned copy of my mortgage agreement for each property, alongside council tax and utility records.

1.3.2 I also registered each change of address promptly with the DVLA. The vehicle in question was sold on xx xxxxxxx 2019, and I can provide a scanned copy of the proof of sale. The V5C log book for the vehicle was updated on the date of sale.

1.3.3 I also registered for the electoral roll at the first opportunity at each change of address.

1.4. In addition to the above, it should be highlighted that my integrity and law-abiding intention should be taken into consideration on the basis that;

1.4.1 I discovered a CCJ was lodged onto my credit file on the 18th August 2022.

1.4.2 On the 19th of August, I contacted the County Court Business Centre to obtain relevant information relating to this default judgment.

1.4.3 On the 19th August, I got in touch with the claimant’s solicitors to get further information on the claim and discuss the default judgment.

1.4.4 Due to the highly pressured and time-sensitive nature of the issue, I paid the fees owing to satisfy the judgment on the 22nd August 2022. This was a stipulation of my mortgage provider in order to confirm my mortgage offer, as otherwise my house purchase would have fallen through.

1.4.4 The house purchase having completed, I am now willingly submitting 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.

1.5.1 This behaviour is particularly egregious given the amount of time that had transpired between the alleged offence – 19th October 2016 – and the date the claim was issued – 8th April 2022, and also the fact that by their own admission the claimant had received no response from me at that address.

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 where I no longer resided. The claimant did not take reasonable steps to ascertain the address of my current residence, despite having some five and a half years to establish an address. This has led to the claim being incorrectly served to an old address and an irregular judgment.

1.6.1 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 judgment should be set aside.

1.6.2. Given the timely updates made to my information, referenced in 1.3, above, I was clearly ‘there to be found’ for the sake of a £0.29 credit agency trace.

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) I submit that this particular claim is dead and the period for service cannot be extended by this application process.  I have no details of the particulars 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 me with the information required under the pre-action protocol for debt claims, issued this time to the correct address for service, which is XXX.

1.7.1 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 £85 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.  I have good prospects of defending a claim, if served with one, but have 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. 

1.8. According to publicly available information, my circumstances are far from being unique. The industry’s persistent failure to use correct and current addresses of results is an unnecessary burden for individuals and the justice system across the country.

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. 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.”

1.8. 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

DRAFT ORDER
IN THE COUNTY COURT AT

______________________________________________

CLAIM No: XXX

BETWEEN:

LOCAL PARKING SECURITY LTD (Claimant)

-- and --

XXX (Defendant)
______________________________________________
DRAFT ORDER
UPON reading the Defendant’s application dated 30th October 2022 and the annexed witness statement of XXX dated 30th October 2022
______________________________________________

IT IS ORDERED THAT:
1. The default judgment dated on XXX be set aside
2. The claim struck out as the claim form not having been served within 4 months of issue and The Claimant reimburse the Defendant £xxx as reimbursement for payment to satisfy the claim
3. The Claimant pay the Defendant’s costs of this application of £275 on an indemnity basis

 

Have I missed anything? Will be filing in the morning, though need to call the CCBC first thing - I've just noticed that they gave me the details of the claimant, but didn't send me the claim number!

Coupon-mad

1.4.4 Due to the highly pressured and time-sensitive nature of the issue, I paid the fees owing to satisfy the judgment on the 22nd August 2022.

There were no 'fees owing' (wrong phrase) but you paid it?

Then some of the above isn't relevant.

No point arguing about the amount of the claim or asking for the claim to be dismissed if you paid it.

EpsomJim

Coupon-mad said:

1.4.4 Due to the highly pressured and time-sensitive nature of the issue, I paid the fees owing to satisfy the judgment on the 22nd August 2022.

There were no 'fees owing' (wrong phrase) but you paid it?

Then some of the above isn't relevant.

No point arguing about the amount of the claim or asking for the claim to be dismissed if you paid it.

Ah ok - I didn't realise that paying precluded my ability to have the original claim dismissed. I had hoped for that and a refund - wishful thinking, evidently! Sadly, as I put in my original post, there wasn't really any other option at the time.

In which case, I guess I remove (c) from the top of the statement. Am I looking for anything in place of the claim being dismissed?

Do 1.7/1.7.1 also go in their entirety? Or could I put something like:

1.7.1 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 and a false fixed 'fee' of £70 that the Government has recently described as 'designed to extort money from motorists' in the new statutory Code of Practice this February, and has banned it.  I would have had good prospects of defending a claim, if I had been served with one, but have seen no evidence, basis nor particulars of claim.

On this basis, I have also changed Q3 in the N244 to remove any reference to 13.3:

This is a mandatory set aside situation pursuant to CPR 13.2. The Defendant seeks the order to set aside because he was unaware of the proceedings. The Claimant served proceedings at an address not used by the Defendant since 2018.

Are there any other bits you think need to be removed? Or anything else you can see that's wide of the mark?

Really appreciate the constructive comments so far.