County Court Judgment

63realfan

Coupon-mad said:

@63realfan did you see that Sasanova's CCJ has already been removed?

I've now advised them to complain to a specific team at the CCBC and that you could provide witness statements for each other to support your mirror image complaints to get your fees back as compensation.

I didn't see but you've just let me know! Sasa has privately messaged me so we can get the ball rolling. I've had a ridiculously busy week at work so been delaying. I'm prepping everything tonight and will send it for you to have a look over when you get two minutes. 
!
Does this change anything on my draft order/WS as to asking for either CCBC or DCBL to refund me the £275? I'm not sure if they honoured Sasa's orders for the fee to be reimbursed and compensation for time spent on labour costs. I'll send my final Draft order and WS anyway and once it's thrown out we can always do what you've said above. Apologies for the delay on coming back

63realfan

Coupon-mad said:

Sasanova said:

Hi 63realfan as Coupon- mad informed you the CCJ in my case was struck out earlier today I received the confirmation from the court however as advertised by Coupon-mad I’m going to contact CCBC to complain how they handled the posting of POCs and ask for the £275 fee to be refunded perhaps it will be useful to have a supporting statement from you stating the exact date in question however I don’t really know how we are going to do this but I’m sure Coupon-mad will advise.

I gave you some wording on your thread, I think.  And an email contact.

You basically set out the issues and request £275 (or maybe a bit more for distress) in compensation.  The CCBC are duty bound to investigate if enough pressure is applied in the form of formal complaints. 

@63realfan

@Sasanova

Please could you both tell us which date of issue is the 'lost batch' of claims?

And could you possibly both pm and/or reply on this person's thread and try to help them and find out if hers is from the same December date, and offer support (safety in numbers - three mirrored complaints)?
https://forums.moneysavingexpert.com/discussion/comment/79838676/#Comment_79838676

That poster is struggling to do it.

9th of December was the date for mine and Sasa's. Am I right in saying that the court didn't reimburse Sasa then?

Coupon-mad

They did not (but that poster didn't add the alternative wording I suggested you could add) which is why the advice to Sasa is to complain to the same CCBC team that jag_run successfully did about a different matter.  You can see that team has the ability to investigate complaints and offer compensation.

63realfan

Coupon-mad said:

They did not (but that poster didn't add the alternative wording I suggested you could add) which is why the advice to Sasa is to complain to the same CCBC team that jag_run successfully did about a different matter.  You can see that team has the ability to investigate complaints and offer compensation.

Excellent!

Please see below my final WS and Draft order - Do I actually put Draft order to courts or just ''Order''?

Witness Statement  

I am XXXX and I am the defendant in this matter. This is my supporting Statement to my application dated XXXXX requesting to: 

1. Set aside the default judgment dated 18/01/2023 as it was simply not served at my current address.  

1. Order for original claim to be dismissed. 

1. Order for the claimant to pay the defendant £275 as reimbursement for the set aside fee, in addition £95 for time in preparation (5 hours as a litigant in person at a rate of £19 per hour) and costs having to take time off work to attend court.  

 

1. I understand that the claimant obtained a default judgment against me as the Defendant on..... 

I am aware that the claimant is PARKINGEYE LTD, and that the assumed claims in respect of an unpaid PCN 

1. The claim form was not served at my current address and I thus was not aware of the Default judgment up until the arrival of the letter of judgment from the County Court Business Centre on the 22/01/2023 

1. 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,  I discovered a CCJ was lodged against my name on the 22/01/2023 tarnishing my impeccable credit history.  

1. I made contact with the CCBC on 02/02/2023 (which was recorded) acting promptly by raising my concern in relation to the Default judgment only to be told by the court administrator that the claim may not have reached me as a result of the Postal Strike that occurred in December 2022 and stated that there has been others affected by this.  

1. I asked for a copy of the POC on the same call on 02/02/2023 of which I did not receive. 

1. I contacted CCBC again on 03/02/2023 (was not recorded) asking for the POC to be emailed to me again of which I received promptly this time. 

1.  In addition, I refer to CPR 13.3. 

1. I also refer to CPR 13.2 (the court must set aside a judgment entered under part 12 if judgment was wrongly entered). 

1. I submit the CCJ should be set aside under CPR 13.2(a) as the claim form was not served.  

1. Should the judgment be set aside. I am confident I can robustly defend the original PCN where I will request better Particulars of Claim and photographic evidence of signage, so I can make an informed decision because at the moment I have nothing to go on, yet want to defend. 

1. I am prepared to swear on oath that the claim was not served and that is still the position to date. I work for Surrey Police where I can also reference the oath I swear on as an employee to uphold honest and integrity at all times both whilst on duty and off duty.   

1. 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 of trust without an honest in its truth.  

 

 

 

Draft order 

Upon reading the defendant's application dated XXXX 

It is ordered that, 

1. The judgment for claimant dated 18/01/2023 be set aside as the claim form was never received at the defendant’s address.  

1. The claimant to pay the Defendant's cost of this application £275 in addition £95 for time in preparation (5 hours as litigant in person at a rate of £19 per hour). 

1. In the alternative that the court recognises that there is ample evidence that claims (or a batch of claims) issued on 09/12/2022 have never been served.  In this case, having heard from the Defendant that he has still not received the claim, and as a result has suffered a CCJ due to court error or matters beyond his control, and with the Overriding Objective in mind, it is ordered that the Defendant's £275 fee to be refunded by the CCBC accordingly, and the claim be served afresh by the CCBC with a new password and claim number, with the Defendant being allowed 14 days from service to acknowledge it then to defend within the usual time period afforded by the claim paperwork. 

63realfan

Just to add I've updated the start of my witness statement - 

 

Witness Statement  

I am XXXX and I am the defendant in this matter. This is my supporting Statement to my application dated XXXXX requesting to: 

1. Set aside the default judgment dated 18/01/2023 as it was simply not served at my current address.  

1. Order for original claim to be dismissed. 

1. Order for the claimant to pay the defendant £275 as reimbursement for the set aside fee, in addition £95 for time in preparation (5 hours as a litigant in person at a rate of £19 per hour) and costs having to take time off work to attend court.  

1. In the Alternative that the court recognises that there is ample evidence that claims (or a batch of claims) issued on 09/12/2022 have never been served.  In this case, having heard from the Defendant that he has still not received the claim, and as a result has suffered a CCJ due to court error or matters beyond his control, and with the Overriding Objective in mind, it is ordered that the Defendant's £275 fee to be refunded by the CCBC accordingly, and the claim be served afresh by the CCBC with a new password and claim number, with the Defendant being allowed 14 days from service to acknowledge it then to defend within the usual time period afforded by the claim paperwork. 

Coupon-mad

You are ahead of me, I was about to suggest that update!

Yes, you call it a Draft Order and it is attached as a word doc (so the Judge can use it as a working document) and the N244 and WS are to be PDFs.

63realfan

Coupon-mad said:

You are ahead of me, I was about to suggest that update!

Yes, you call it a Draft Order and it is attached as a word doc (so the Judge can use it as a working document) and the N244 and WS are to be PDFs.

I think I could be the next Coupon-mad V2. I'm eager to join in weekly and help out where I can. Means a lot all the help you've given me. 

One more thing - It says on the N244 

1. What order are you asking the court to make and why?'

   
   

   I've just put "Set judgment aside - The claim form was not served at my current address due to postal strikes and I thus was not aware of the default judgment"

   
   

   
   

   
   

   
   

63realfan

Second to last one more thing - Do you think it's better to leave the boxes unticked for "to be seen at a hearing, without a hearing, remote hearing"?

63realfan

For god sake - last one! It's saying to entered details of any defence I've got in section 10 box of n244. I've just stated
"1. Witness statement
2. Draft order
3. Phone recording x2"

Should I then send word documents separately?

MASSIVE THANKS!

B789

Without going back through the threads, I believe that @Sasanova either has been refunded or will eventually be refunded the fee. This was a problem caused by the CCBC. They are now on record as having a batch of claims that were never served properly and they must investigate this and refund any set asides that have been paid to correct the problem.