Default CCJ - VCS used wrong address even if I emailed them the correct one

bridgefixer

A few days ago I learned there's a default CCJ dated in April 2022 against my name, and I'd need some advise and guidance to make sure I'm on a right track.

I’ve read the forum and newbie posts to learn about the situation I’m in and what to do next. There's so much valuable information!

Regarding my CCJ, I’ve been completely unaware of the PCN or any subsequent court hearings and proceedings. I haven't received any communication from VCS, and I only learned about this from a letter from DCBL bailiffs. It seems VCS sent all previous letters to my old address, even if I emailed them my address and contact details on the very same day I received a Privacy Notice, because I was moving flats and driving a rental car. 

Late summer 2021, I hired a car when I was moving. When I arrived at my new place late at night, I did not see any signage at the property gate or where I parked. When I went back to the car in the morning, I found a VCS privacy notice on the windscreen. I searched the Internet what such notices were all about, and after looking for parking signage, I found a fallen and partially hidden sign, which was clearly not very visible in the dark or in an authoritative state. I decided I would appeal should an actual PCN follow the privacy notice.

Later in the day, I saw a VCS camera car driver at the property. I explained that the car in question is a rental car and that I’m moving. He advised me to email my address and contact details to VCS. So I emailed VCS my name, address, email, and phone number without delay, and told them the car is a rental car, and asked them to contact me with any parking-related matters. I have a copy of the email I sent as well as an email where they acknowledge having received it.

After that, I heard nothing from them, not a peep about parking charges, no letters of claim, court hearings, or any such matters, until I received a letter from the collectors/bailiffs who had traced my current address. VCS most likely received my old address from the rental company (the address was valid at the time of booking) and kept sending all correspondence to that address, even if I had emailed them the correct one and other contact details. And they kept doing so even if they didn't get any response from the address they were using.

As result there's now a default CCJ in my credit register and my previously stellar credit rating is looking rather poorly. And I trying to sort out this mess to get the judgment set aside and challenge the PCN. 

I try to argue for a set aside on the grounds that I was never informed about the PCN or Court process, and that I had no opportunity to appeal or to defend my case. I may try to first request to invite a set aside with consent, but if there’s no reply, I may have to proceed with no-consent. And then appeal for the charge itself later on the grounds of poor and fallen signage not being visible at night.

I already have a copy of the judgment from CCBC. Next I plan to submit Subject Access Requests to CVS, their solicitor, and the bailiffs to make sure I have all relevant details when filling in N244.

When I contacted the bailiffs, they advised me to contact the claimant (VCS), and they, in turn, advised me to contact a solicitor, who upon not finding my file then directed me back to the bailiffs, who are not answering my email. From the judgment I learned that the solicitors CVS directed me to were not the ones representing the court case. None of them seems to be very forthcoming with any information.

I’ll draft SAR, invitation to set aside with consent (slim change) and N244 no-consent defence over the coming days and post them here for comments.  

If there’s something else I should do or pay attention to, please do let me, as I'm quite new to these matters. 

I wish everyone a very good weekend! 

Umkomaas

How much is the CCJ for?  For High Court Enforcement Officers to be authorised  (DCBL modus op - 'Can't Pay, We'll Take It Away' crap), the value needs to be £600+. 

Nonetheless, you need to crack on with the set aside application as the process must not be delayed once the CCJ is discovered. 

bridgefixer

It's £277. The letter is titled as Notice of Dept Recovery, and the last two lines of the letter say that this case is not subject to High Court or bailiff action, and that if fail to contact, the client may consider enforcement action. 

As I'm not too familiar with these sort of matters, I'm not entirely sure what that means. Probably something along the lines they are not sending the enforcement officers to my way just yet. 

bridgefixer

bridgefixer said:

It's £277. 

To add, the CCBC judgement says that £277 is a sum of £170.00 for debt (and interest to date of judgment) and £107.00 for costs.

For that £170, I don't know yet what's been added to the standard £60/£100 charge to make it so high. 

Coupon-mad

They can't send HCEOs at all, due to the amount.

I already have a copy of the judgment from CCBC. Next I plan to submit Subject Access Requests to VCS, their solicitor, and the bailiffs to make sure I have all relevant details when filling in N244.

No.  Do the SAR to VCS (to their DPO address) but DO NOT WAIT for the reply to come back.

I would quickly also email VCS and the legal firm who filed the claim for them (unless VCS filed it themselves - the CCBC can tell you next week, if you don't know) and attach the proof you have that you responded with your name and address at the point of getting a 'privacy notice'.  

State that because they had the driver's name and address from the outset, they had no business (at all) to apply to the DVLA for the lease firm's data.  And VCS should certainly never have filed a claim without doing a 'soft search' first, to trace the named driver's current address.

As they had your new address, the claim was not properly served and the CCJ MUST be set aside.

Tell them you are filing a N244 this month, if they fail to consent to the set aside AND agree to pay the £108 fee for a set aside 'with consent'.


Add:

For the avoidance of doubt, the PCN will be vigorously defended and the claim will not be paid as part of this, so don't waste my time sending a consent Order that either says the Defendant is to pay the claim (or any sum at all) OR that there be 'no order as to costs' because VCS are liable for paying the costs of the application.

Should VCS fail to reply constructively to the Defendant's satisfaction by Friday 18th November 2022, an application without consent will be filed without further notice.  VCS will be held liable for all costs at the hearing, including the £275 court fee.

Note that the Defendant's correct address for service is (state the full new address) which was noticeably very simple for DCBLtd to find after CCJ stage, which proves VCS' failure.  DCBLtd must now be told by VCS immediately of the position regarding this improperly served claim, and as such, any escalation (letters, visits, attempts to 'enforce' the wrongful CCJ) MUST be stopped forthwith.

Attached is a copy of the email sent to VCS that proves the Claimant had the right address from the driver, all along.

bridgefixer

Thank you so much for your advise! I really appreciate it.

I drafted an email to be sent to VCS and their legal firm ELMS Legal Limited. I hope it reads about right. As a non-native and non-lawyer, drafting these letters appears to take time and effort 

I plan to send it tomorrow and give them two weeks to reply, putting the response deadline 22 November. Then I will submit the SAR, and start drafting N244. 

---- 

Dear Sir or Madam,

I am writing you regarding claim XYZ.

I invite you to draft an agreement and appeal for a set side by consent because of an improperly served claim. A default Country Court Judgment (CCJ) has been entered in error on the basis of a wrong address that was obtained from the registered keeper by Vehicle Control Services (VCS) without a legitimate reason. I identified myself immediately as the driver and provided VCS with the correct address information, as you can verify from the attached copy of an email sent to VCS that proves that the Claimant had the right address from the driver, all along.

I learned about the judgment dated NN Month YYYY when I received a letter from the dept-collectors (DBCLtd) on NN Month YYYY. Following that, I contacted the County Court Business Centre to obtain a copy of the CCJ. The CCJ has wrong address details even if I emailed VCS on NN Month YYYY, the same day the CVS left a privacy notice on the car’s windscreen. I identified myself as the driver and provided VCS with my current address for service, phone number and email address. VCS acknowledged having received my email on NN Month YYYY. After that, I did not receive any further communication from them or their solicitors – most likely because VCS used an incorrect address it had acquired from the registered keeper, even if there was no legitimate or practical reason to do so.

As you can see from the attached email exchange, VCS acknowledged the receipt of my email and had the right address from the named driver. There was no legitimate reason for them to contact DVLA or notify the registered keeper; VCS knew the driver’s name and current address right from the beginning. Schedule 4 of the Protection of Freedoms Act 2012 states that the creditor has the right to claim unpaid parking charges from the keeper of the vehicle – but only if the creditor is unable to take steps to enforce that requirement against the driver because the creditor does not know both the name of the driver and a current address for service for the driver. Moreover, a notice sent to the keeper must state that the creditor does not know both the name of the driver and a current address for service for the driver. But both the name and address were known to VCS all along.

To make the situation worse, the registered keeper produced a wrong address. Given that I informed VCS about my willingness to engage with this matter, the company should have noticed something was amiss when their letters went unanswered. And in any case, to ensure the integrity and fairness of court proceedings, VCS should have made sure they have a current address by tracing it using soft search. DCBLtd were able to locate my current address using this method. There is no reason to assume VCS could not have been also done this, which proves VCS’s failure.

Moreover, it has never been my intention to ignore this matter. On the day I received the privacy notice, I went to discuss with the camera car driver, asking about what the privacy notice is about, what might follow after that, and what should I do as the rental car was not mine and I was moving to a new home at the time. Based on his advice, I contacted VCS and identified as the driver, explained the car is a rental car, and provided them with my then-current mail address, phone number, and email address and encouraged VCS to contact me should they have any questions or concerns regarding parking-related matters.

Due to VCS’s failure to use the correct address details, I never received any parking charge notices, paperwork regarding the court claim, or any other relevant communication from VCS, their solicitors, or the County Court Business Centre. Therefore, the judgment entered in default must be set aside.

To right the wrong, I invite VCS or their representative to draft an agreement and to apply the judgment to be set aside by consent under Civil Procedure Rules 13.3 at VCS’s expense. For the avoidance of doubt, this invitation does not render any admission or acceptance concerning the alleged parking violation or contravention. The parking charge notification will be vigorously defended, and the claim will not be paid as part of this agreement.

I hope to receive a constructive and satisfactory reply within two weeks’ time by NN Month YYYY. Otherwise, an application without consent will be filed without further notice and VCS will be held liable for all costs at the hearing, including the £275 court fee.

In addition DCBLtd must now be told by VCS immediately of the position regarding this improperly served claim, and as such, any escalation (letters, visits, attempts to 'enforce' the wrongful CCJ) must be stopped forthwith.

Note that the Defendant’s correct address for service is: 

(address)

I sincerely appreciate your help to get this matter resolved.

Should you have any questions, please do not hesitate to contact me.

Kind regards, 

Coupon-mad

Remove all this (the rest is great, but this is FAR too polite and you can't give them a chance to ask questions):

"I sincerely appreciate your help to get this matter resolved.

Should you have any questions, please do not hesitate to contact me.

Kind regards, "

NOPE.  

Writing to a solicitor ends in 'yours faithfully'.

1505grandad

(Typo)  -  "I learned about the judgment dated NN Month YYYY when I received a letter from the (dept)-collectors (DBCLtd) on NN Month YYYY. 

(Typo)  -  " The CCJ has wrong address details even if I emailed VCS on NN Month YYYY, the same day the (CVS) left a privacy notice on the car’s windscreen.

bridgefixer

It has come time to resume this endeavour. Should have got back to this earlier, but I did not have an opportunity as I was busy with work. Anyway, here we go. 

As I assumed, VCS and their solicitors did not respond to my letter where I invited them to appeal for a set aside with consent. So now I need to send to proceed without consent. 

I used @123MrsT and @Mars28 threads as an example, and started drafting the witness statement and other relevant materials, including the N244 form. I still need to figure out how the payment and submission process works. 

Below is the first partial draft. For now I focused to the details of my case, and I may need to add more legal things into the mix and at the end, along with some more general statements and matters. 

I'm not entirely sure if CPR 7.6 applies to my case, and whether I should also add an outline of my defence in case it won't be set aside only on the grounds CPR 13.2, and adding elements related to CPR 13.3. would help make my case. 

Will continue drafting tomorrow, and any comments and advice are welcomed with gratitude.

------

WITNESS STATEMENT

I am (My Name) and I am the Defendant in this matter. This is my supporting statement to my application dated (NN Month YYYY) requesting to:

1.     Set aside the default judgment dated NN Month YYYY as it was not properly served at my then current address.

2.     The claim be struck out as the claim form has not been served within 4 months of issue. (not sure if CPR 7.6 applies to my case?)

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

 

DEFAULT JUDGMENT

1.     I was the driver of the vehicle at the time of the alleged offence.

2.     I understand that the Claimant obtained a Default Judgement against me as the Defendant on NN Month YYYY. I am aware that the Claimant is Vehicle Control Services Ltd, represented by their solicitors Elms Legal Ltd, and that the assumed claim is related to the alleged parking contravention on NN Month YYYY at my then-current residence. (I also contest the alleged contravention for the reasons outlined in the attached draft defence – I may need to add a little outline of my defence).

3.     I have not received any documentation relating to this case from the Claimant even if I identified as the Driver and provided Vehicle Control Services with current address and contact details in writing at the earliest opportunity on NN Month YYYY, on the same day a Privacy Notice had been placed on the car’s windscreen.

a)     On the day I received the Privacy Notice (Exhibit A), I went to discuss with a camera car driver, asking about what the privacy notice is about, what might follow after that, and what should I do as the rental car was not mine and I was moving to a new home at the time.

b)    Based on his advice, I contacted Vehicle Control Services and identified as the driver. I explained the car is a rental car and provided them with my current and serviceable postal address (Address 2), phone number, and email address. I also encouraged Vehicle Control Services to contact me should they have any questions or concerns regarding parking-related matters (Exhibit .

4.     Vehicle Control Services acknowledged the receipt of my email on NN Month YYYY (Exhibit . This indicates that their operations administrators become aware of the identity of the named driver’s, alongside his then-current and serviceable address and contact details.

5.     Following the acknowledgement of having received my contact details, I did not receive any further communication from Vehicle Control Services. I did not receive a Letter of Claim, a letter before claim, Parking Charge Notification, charges or payment reminders at (Address 2), or any other form of communication through email or phone.

6.     Since the claim form was not served at my current address at (Address 2), I was not aware of the Court Proceedings or Default Judgement. I learned about this when I received a letter from Direct Collection Bailiffs for debt collection on NN Month YYYY at the address where I currently reside (Address 3) (Exhibit C).

7.     Having learned about the Judgment and debt, I immediately called Direct Collection Bailiffs and emailed them to request further details. Direct Collection Bailiffs advised me to email Vehicle Control Services, and they in turn directed me to their legal representatives who were not aware of my case. These inquiries did not produce any meaningful information about how events had transpired.

8.     To verify the existence of the judgment, I searched the registers on Trust Online on 3 November and contacted the County Court Business Centre from where I received the Judgment and the Particulars of Claim on NN Month YYYY.

9.     The address on the claim (Address 1) was the address I used to book the rental car. It was valid at the time of booking, but it was no longer current at the time of alleged parking contravention. I moved to a new home at (Address 2), and I emailed this address to Vehicle Control Services to avoid miscommunication. I lived in this address until NN Month YYY and Vehicle Control Services could have reached me at this address throughout the process. In support of this, the Defendant can provide a copy of my (document), alongside (document), and (document).

10.  Instead, Vehicle Control Services obtained the old and non-serviceable address from the Registered Keeper of the Vehicle they had identified through the DVLA database. It should be highlighted Vehicle Control had no practical or legitimate reason to contact the Registered Keeper or request them to provide the Driver’s contact details.

a)     The current address and contact details of the named driver were known to Vehicle Control Services all along, provided by the driver at the earliest opportunity and acknowledged by them. 

b)    Schedule 4 of the Protection of Freedoms Act 2012 states that the creditor has the right to claim unpaid parking charges from the keeper of the vehicle. But this applies only if the creditor is unable to take steps to enforce that requirement against the driver because the creditor does not know both the name of the driver and a current address for service for the driver. In this case, the creditor knew the name and address, but failed to raise and enforce the requirement using them.

c)     The Protection of Freedoms Act 2012 also states that a notice sent to the Keeper of the Vehicle must state that the creditor does not know both the name of the driver and a current address for service for the driver. In this case, the creditor knew the name and the address.

11.  In addition to failing to the use the address provided by the Defendant, 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 their letters going unanswered, even if I indicated my willingness to engage with this matter. I was ‘there to be found’ via an inexpensive bulk credit check as I had a permanent address on my record, at (Address 2). This address was registered to my bank statements and credit file (Exhibit E). 

a)     CPR 6.9 (3): “Where a claimant has reason to believe that the address of the defendant referred to in entries 1, 2 or 3 in the table in paragraph (2) is an address at which the defendant no longer resides or carries on business, the claimant must take reasonable steps to ascertain the address of the defendant’s current residence or place of business (‘current address’).”

12.  The claimant’s failure to take reasonable steps to use and ascertain the address of the Defendant’s current residence, has led to the claim being incorrectly served to an old address and an irregular judgement, pursuant to Schedule 4 of the Protection of Freedoms Act 2012 and CPR 6.9 (3). Thus they have caused the claim to be improperly served. I.e. They failed to serve it at all.

13.  This requirement for ‘reasonable endeavors’ is expanded on and better explained by the Government in the new Code of Practice which is currently temporarily delayed but states:

a)     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 endeavors - 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).’ [Ref Section 10]

14.  I believe the Claimant has behaved unreasonably by negligently or deliberately disregarding the rules whilst pursuing a claim against the Defendant without using or confirming the correct contact details at the time of the claim.

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

a)     On 2NN Month YYYY I made myself available at the earliest opportunity I have acted in good faith and it has never been my intention to ignore this matter, but to handle it in a timely, professional, and courteous manner.

b)    On NN Month YYYY, I discovered a CCJ when I received a letter by debt collectors, after which I immediately contacted the debt collector, the Claimant, and one of their solicitors trying to learn about the situation.

c)     On NN Month YYYY, I searched the registers on Trust and Online and contacted the County Court Business Centre to obtain relevant information relating to this default judgement; Schedule (X).

d)    On NN Month YYYY, I sent a letter to the Claimant and their solicitors where I explained the situation. Invited them to appeal to have the Judgment set aside with consent, but they have chosen not to reply.

e)     On NN Month YYYY, having not received a reply from either the Claimant of their representative, I have submitted my case in order to set aside this judgement and fairly present my case.

16.  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.

17.  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.” Furtherance to points raised in 1.3 above.

18.  Due to Vehicle Control Services’ failure to use the correct address details, I never received any parking charge notices, paperwork regarding the court claim, or any other relevant communication from VCS, their solicitors, or the County Court Business Centre. Therefore, the judgment entered in default must be set aside.

19.  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.

20.  Further to the Defendants points in paragraphs X to Y, I also refer to the following authorities to support that claim is defective as it was not served to a “last known address”: 

a)     HHJ Hacon in MB Garden Buildings Ltd v Mark Burton Construction Ltd & Anor [2014] EWHC 431 (IPEC) (28 February 2014) 

b)    HHJ Behrens in Broadside Colours And Chemicals Ltd, Re (No 2) [2012] EWHC 195 (Ch) (20 February 2012) 

21.  Considering the above I was unable to respond or 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.

And more things will go over here. 

Coupon-mad

Remind us what CPR 7.6 is and what context you saw this in, please?

bridgefixer

With CPR 7.6, I refer to this part I found on Mars28's thread. 

As I am not entirely what is the event/date that marks the issue of proceedings? But if I assume that the issue of proceedings was NN Month YYYY, but the claim is yet to be served, I guess more than four months has passed and this claim is dead. Or I am interpreting this totally wrong?  

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, pursuant with CPR 7.6.

2. The Defendant relies on the judgment in Boxwood [2021] EWHC 947 (TCC), which is a reminder of the strictness of the requirements of CPR 7.6 and how difficult it is to use other parts of the Civil Procedure Rules to rectify a failure to serve the claim form within the requisite period: 

“A claimant is not entitled to rely on the wide, general powers under CPR 3.10 or CPR 3.9 to circumvent the specific conditions set out in CPR 7.6(3) for extending the period for service of a claim form.