CCJ served at wrong address - letter from DCBL Bailiffs to even older address 1 month after default

k2122

Hi everyone, was hoping to get some support with a current situation. I've made sure to read through the NEWBIES thread and have some grasp of what I might need to do but wanted to double-check. Thanks in advance for the resources provided already and any advice!

Background: I moved home to a different city in early September. I notified DVLA at the end of September (when internet was set up!) about this change in address and updated my logbook. The fine in question was issued on the same day I notified DVLA of the change unluckily. I sold the car in mid-October.

I found out I had an outstand CCJ against me when the landlord of the address I lived in before my previous address (if that makes sense) forwarded me a letter last weekend - from DCBL to collect outstanding debt from a CCJ. I've found out that proceedings were issued by ELMS legal in February, and the default judgement was made mid-April. I never received any correspondence about this case at my current address. After contacting ELMS legal requesting all information, I can see a series of letters from VCS (initially asking for £100, rising to £170) from late September through to December, alongside pictures of the event. 

The parking fine: The parking area in question is a gated car park and apartments. I parked OUTSIDE of this gated car park on the curb outside next to a small church. There's no signs on the church about it being private parking, and the road with the curb goes onto a main road, all publicly accessible. There is signs on the metal fencing  around the car park, hard to read really from the curb outside, and I presumed it referred to inside the actual car park. Other cars were parked up on the curb so I presumed it was ok. 

What I've done so far: I contacted the county court in my old city, who referred me to the County Court Business Centre. They provided me the particulars of the claim and info about the claimant (VCS). I contacted ELMS legal, who sent me all relevant evidence from the claim. I also asked them if they would seek consent to set aside the judgement from the claimant. I've also emailed DVLA to ask if and when anyone contacted them for my address. 

Next steps: I think I will have to pay £255 and fill out the N244 form to set aside the judgement. I will request for it to be set aside on the grounds that it was not served as I had not received any correspondence to my address, and only found out about it when DCBL sent a letter to an even older address. I'm wondering what methods they use to find addresses and can't find my current one which I pay bills at, changed bank details to, and set up council tax with early September. I will also argue that I have a reasonable reason to think I would successfully defend the claim on abuse of process (attempted double recovery might be the issue?) and also insufficient signage to enter into a contract with VCS.

Would this be a reasonable way to proceed and hope to get the N244 fee back from VCS vs paying the £277 CCJ? I can draft documents if so and seek feedback.

Cheers!

B789

Welcome. You are definitely on the right track. Did you get a response to your request for a set aside with consent?

It is now £275 for a set aside without consent but you have a very good chance of getting that reimbursed at the set aside hearing because of the actions of the claimant or Elms.

You need to do a bit of research on how to word your Witness Statement that will go with your application. There are many examples on the forum if you manage to use the unfriendly search function. You also have to do a draft order.

You should also do a draft defence to show the judge you have a very good prospect of defending the claim if it isn't thrown out for being more than 4 months since it was issued.

k2122

B789 said:

Welcome. You are definitely on the right track. Did you get a response to your request for a set aside with consent?

It is now £275 for a set aside without consent but you have a very good chance of getting that reimbursed at the set aside hearing because of the actions of the claimant or Elms.

You need to do a bit of research on how to word your Witness Statement that will go with your application. There are many examples on the forum if you manage to use the unfriendly search function. You also have to do a draft order.

You should also do a draft defence to show the judge you have a very good prospect of defending the claim if it isn't thrown out for being more than 4 months since it was issued.

Thank you for this - I've not heard back about consent to set aside yet as I called/emailed this morning - not sure whether I should expect anything from them either.

I've had a look through some witness statements which I think will make things much easier.

So I guess I need:
-Witness Statement
-Draft Order
-To attach a separate draft defence should the claim not be thrown out.

If the actual court claim was issued in Feb 21st, will the 4 months since issue be a valid argument for my case?

Coupon-mad

No it won't apply YET but will be in play by the time you get to your hearing!  So I would withhold the Draft Order and submit it later to the local court with that point added (late June).

Le_Kirk

The 4 months dead argument refers to the time between issue date and you receiving it (it being served), therefore assuming FEB21st refers to this year, you can't use it.

k2122

Ah right thanks, so I can withhold a draft order for now and hope to submit it when it applies? Or can I add the point to the defence later on?

Coupon-mad

You don't have to supply a Draft Order at this stage, that's my point.  Please file and serve that in late June (or later) once the case is allocated away from Northampton CCBC and to your chosen local court.

A N244 and WS is all you need urgently now.

k2122

Ok so they've told me they'll only consent to it being set aside if the outstanding balance is satisfied. I suppose there's not much point continuing to liaise with them on this point..

k2122

I've done a draft WS (identifying details omitted) to go with the N244 form - would this be enough for now? Would appreciate any feedback! I'm going to withhold a draft order and defence until later as suggested. 

Witness Statement of Defendant

I, X of XXX, being the Defendant in this case will state as follows;

1.     I make this Witness Statement in support of the application (dated 7th May 2023) for an order that the judgment in this case (Claim No. X, Judgment dated X) be set aside as it was not properly served at my current address.

Default Judgement

2.     I first learnt of the existence of this claim on 1st of May 2023, when I was forwarded a notification of debt recovery letter from DCBL (dated 20th of April 2023), sent to a previous address (XXX, last resident in July 2021) by the landlord of that address. See Exhibit A.

3.     I never received any notification of the claim prior to 1st of May 2023. Following receipt of the forwarded letter, I contacted the County Claims Business Centre on the 3rd May 2023 and received particulars of the claim and details of the claimant (VCS) and legal representative of the claimant (ELMS Legal).

4.     I contacted ELMS Legal on the 3rd of May, requesting for all information and correspondence in relation to the claim. I was provided the claim form, which was issued on the 21st of February 2023, in relation to a Parking Charge Notice regarding an alleged contravention on the 22nd of September 2022. I was provided a series of letters from VCS, the first of which was issued on the 26th of September 2022 (see Exhibit .

5.     The address on the claim and letters from VCS is XXX. I moved from this address to my current address XXX, on the 8th of September 2022. In support of this, please see Exhibit C which contains: tenancy agreement, council tax bill, & utility bills.

6.     I notified the DVLA of my change in address on the 26th September 2022, following installation of home broadband. In support of this, see the attached email confirmation from DVLA. Incidentally this is the same date the PCN was first issued.

7.     I sold the vehicle which the PCN relates to on the 15th of October 2022, and was no longer the registered keeper of the vehicle as of this date. The invoice for the sale is provided (see Exhibit D).

8.     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;

9.     I contacted the County Claims Business Court at the soonest possible opportunity on 3rd of May 2023 after learning of the existence of the default CCJ.

10.   I contacted the claimant’s representative on the same date to get details of the claim.

11.   I requested consent by email on the 3rd May 2023 from the claimant to set the judgement aside, on the grounds that I was not resident at the address to which the PCN and claim was sent. This was declined by the claimant’s representative on the 5th May 2023 (see Exhibit E).

12.   I therefore respectfully request that the Court sets aside the judgment in this claim and allows 14 days for me to submit my defence.

Statement of Truth

I, X, the Defendant, believe the facts stated within this Witness Statement to be true.

Le_Kirk

3.     I never received any notification of the claim prior to 1st of May 2023. Following receipt of the forwarded letter, I contacted the County Claims Court Business Centre on the 3rd May 2023 

4.     I contacted ELMS Legal on the 3rd of May, requesting for all information and correspondence in relation to the claim. I was provided with the claim form, which was issued on the 21st of February 2023,

9.     I contacted the County Claims Business Court County Court Business Centre at the soonest possible opportunity on 3rd of May 2023 after learning of the existence of the default CCJ.

Changes suggested above.

Coupon-mad

That's an old statement of truth and a very short WS.  It should also state that you have good prospects of defending the claim (brief detail) and yet, despite knowing the claim went to an old unchecked address, Elms Legal have refused consent to set aside unless the full amount is paid, which will not be acceptable because it is wholly disputed.  

State that if Elms Legal try to mislead the court with a 'draft Consent Order' (as they have reportedly done before in similar cases) it is no such thing.

Cite the IPC CoP about checking addresses before filing claims, if more than 12 months has passed between PCN and litigation (is there a 12 month or more gap though?).

Remove "of" in dates because it isn't needed and is just colloquial (doesn't read well when written).  E.g. 3rd of May.

Read half a dizen 2023 CCJ set aside threads.  Use more information (most WS are longer).  Use the right statement of truth as seen on every other CCJ thread.