Set aside CCJ - did not receive claim form

Boat_to_Bolivia

KeithP said:

In this case one had until 4pm on Monday 13th March to respond to a Claim issued on 20th February.
That response could have been as simple as filing an Acknowledgment of Service which gives an extra two weeks to file a Defence.

Don't know about you Keith, but that really turns my stomach. The scammers get the result they want by way of your average punter not understanding the system because this is probably the first, and hopefully last time, they'll experience it. Sickening IMHO. 

But they are experts in scamming. I have no idea how they sleep at night....relaxing on a yacht no doubt

Coupon-mad

Jamran said:

She called CCBC today. She was told that they cannot send out copies of the original claim form as only one is generated, which is sent out. 

They did, however, confirm that it was issued on 20th February 2023. She was abroad at the time and returned on 11th March. So even if it was posted, am I right in saying it still would’ve been too late?

They also confirmed the ticket was issued in 2018. 

She wasn't supposed to be asking for a copy of the claim form; they never send that.   She wanted a copy of the Particulars of Claim (only) which they email out all the time for these cases.

Plus she needed to know exactly what address was used and whether there was a typo.

Jamran

Coupon-mad said:

Jamran said:

She called CCBC today. She was told that they cannot send out copies of the original claim form as only one is generated, which is sent out. 

They did, however, confirm that it was issued on 20th February 2023. She was abroad at the time and returned on 11th March. So even if it was posted, am I right in saying it still would’ve been too late?

They also confirmed the ticket was issued in 2018. 

She wasn't supposed to be asking for a copy of the claim form; they never send that.   She wanted a copy of the Particulars of Claim (only) which they email out all the time for these cases.

Plus she needed to know exactly what address was used and whether there was a typo.

Apologies. I’ll get her to call again. Thanks

Jamran

She managed to get the PoC. 

Thank you for your recent enquiry.

 

Please see your case details below as requested.

 

Claim No: xxxxxx

 

Claimant: UK PARKING CONTROL LIMITED

 

Claimant solicitor: DCB LEGAL LTD

 

Telephone: 0203 434 0433

 

Reference: xxxxx

 

Judgment amount: £327.52

 

Particulars of claim: 1. THE DEFENDANT(D) IS INDEBTED TO THE CLAIMANT (C) FOR A PARKING CHARGE(S) ISSUED TO VEHICLE xxxx AT MEATH CRESCENT,MILE ENDLONDON,E2 0QG 2. THE PCN DETAILS ARE 23/12/2018,xxxxx 3.THE PCN(S) WAS ISSUED ON PRIVATE LAND OWNED OR MANAGED BY C.THE VEHICLE WAS PARKED IN BREACH OF THE TERMSON CS SIGNS (THE CONTRACT), THUS INCURRING THE PCN(S).4. THE DRIVER AGREED TO PAY WITHIN28 DAYS BUT DID NOT. D IS LIABLE AS THE DRIVER OR KEEPER. DESPITE REQUESTS, THE PCN(S) IS OUTSTANDING. THE CONTRACT ENTITLES C TO DAMAGES. AND THE CLAIMANT CLAIMS 1. £160 BEING THE TOTAL OF THE PCN(S) AND DAMAGES. 2. INTEREST AT A RATE OF 8% PER ANNUM PURSUANT TO S.69 OF THE COUNTY COURTS ACT 1984 FROM THE DATE HEREOF AT A DAILY RATEOF £0.02 UNTIL JUDGMENT OR SOONER PAYMENT. 3.COSTS AND COURT FEES

Le_Kirk

Well, that is a very detailed description of ........... nothing!  The POC does not state how: -

THE VEHICLE WAS PARKED IN BREACH OF THE TERMS ON CS SIGNS

Judges have thrown those out, there was one yesterday on here.

B789

@Jamran, you didn't answer the question about whether she received an LoC at some stage, not that it is really relevant anymore but if she didn't it could point to a different problem. 

Those PoCs are the usual failure by DCB Legal and their resident fibber, Yasmin Mia, who signed the statement of truth (not). Press on now with the set-aside.

Coupon-mad

And we still haven't heard whether the CCBC confirmed exactly what address the claim was sent to and whether there was a typo in the address (assuming the claim never arrived).

Jamran

Coupon-mad said:

And we still haven't heard whether the CCBC confirmed exactly what address the claim was sent to and whether there was a typo in the address (assuming the claim never arrived).

Sorry forgot to add, they confirmed the address and indeed it was correct

Jamran

Hello all

Below is my draft and WS. Please let me know what you lovely people think. 

Draft order
Upon reading the defendant's application dated 20th February 2023
It is ordered that,
1.    The judgment for claimant dated 17th March 2023, be set aside as the claim form was never received at the defendant’s address. 
2.    The claimant to pay the Defendant's cost of £180 for  time in preparation (12 hours as litigant in person at a rate of £15 per hour).
3.    The original claim be dismissed.

Witness Statement 
I am the defendant in this matter. This is my supporting Statement to my application dated ........requesting to:
1.    Set aside the default judgment dated 17th March 2023, as it was not properly served at my current address. 
2.    Order for original claim to be dismissed. 
3.    Order for the claimant to pay the defendant £180 for time in preparation (12 hours as a litigant in person at a rate of £15 per hour).
a.    I understand that the claimant obtained a default judgment against me as the Defendant on 17th March 2023.
I am aware that the claimant is UK Parking Control Ltd, and that the assumed claims in respect of unpaid Parking Charge Notices.
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 22/03/23
2.    The missing claim has still not turned up to date, thus it remains unserved.
3.    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 22/03/23 tarnishing my impeccable credit history. 

1.    I acted promptly by immediately  contacting the CCBC on 23/03/23 raising my concern in relation to the Default judgment only to be told by the court administrator that they do not know why I did not receive the claim form as it was sent.
2.    I contacted CCBC again on Monday 27/04/2023to obtain more information asking for the Particular Of Claim be emailed to me.
3.    I also refer to CPR 13.2(the court must set aside a judgment entered under part 12 if judgment was wrongly entered). 
4.    In addition I refer to CPR 13.3.
5.    I submit the CCJ should be set aside under CPR 13.2(a) as the claim form was not served. 
6.    Should the judgment be set aside. I am confident I can robustly defend the original Parking Charge Notice.

1.    I also enclose a copy of my defence. This shows that the Defendant has very good chances of successfully defending this claim, should the court not in fact strike this claim out. 
2.    I am prepared to swear on oath that the claim was not served and that is still the position to date. 
3.    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.

Coupon-mad

Coupon-mad said:

No defence yet!

Witness statement with attached proof of being abroad AND proof of her address changes.  As seen in the case by @So_Jacob this time last year.  Read her long thread!

Also read the successful set aside examples by @Brokenchief  and @Jack5656 and copy what they put (and show us her draft).

should she pay the CCJ so that the CCJ doesn’t go on her file, while also applying for it to be set aside?

Up to her but ONLY if it is still within the 30 days.

We would not...but I don't want to make that decision for her, in case the Judge at the hearing is not with her.  Set asides are VERY likely to be agreed where s claim was improperly filed to a wrong address, but not guaranteed.

IMHO it is better to let it go to a CCJ and take the hit on credit rating temporarily but I want that to be her decision.  Also if she pays it there is no CCJ to set aside a d some courts have then closed down applications and kept the fee!

or does she apply and the CCJ will be placed on hold while her application to set it aside goes ahead?

No it is not placed on hold.

Just a reminder of what I said above.

I worry that with a claim that we know now was addressed correctly and with no postal strike to blame, she is certainly not guaranteed this will be set aside at all.  I am not convinced a curmudgeonly old Judge would believe it didn't arrive.

If it isn't set aside, that's it for her: she's stuck with it ruining her credit rating and preventing her from moving house for six years.

Why isn't the fact she was abroad being used?  Was she actually away the whole of March?