Parking Charge Notice help - CCJ issued

asdf123456

Hi all,

Last year in October I parked in a private car park, a barker and stonehouse in a city centre after it was closed for approx 2 hours. The business was closed obviously and was close to where I needed to be so I believed it to be completely fine to park there after business hours (is it illegal to park in an Asda after it closes if there are no gates/obstructions to the car park?). On the way back to my car I was being written up a ticket by some guy which I didn't think much of and ignored because of the common advice/myth is to ignore non council parking charges as they have no ways to enforce them.

I received a letter in the post on 16th May from DCBL stating I had an unpaid CCJ of £277, which was issued on the 7th April. This is the first correspondence I've received from them and I'm confused with the letter being sent over 1 month after the CCJ was issued in the first place, so I couldn't have even paid during the '1 month removal' period if I felt it was a legitimate fine.

I contacted them after receiving the letter asking for evidence of my parking offense, with pictures (timestamps) to which the person on the phone said they couldn't do and my only option was to pay or to inform them I don't intend to pay to which I said I do intend to pay, just email me all the details of the case and she ended the call before even asking for my email - when I tried to call back it was someone else who picked up the phone and said they couldn't transfer me to who I was speaking to a couple of minutes ago or give me their name so I could request them.


After some brief research on the internet it seems my only option is to fill out an N244 form and see if the CCJ can be cancelled or at least given with the appropriate evidence. Is this is a fruitless endeavour that will only harm me in the long run? I am concerned about the CCJ of course however I find it odd there was no evidence accompanying the notice of debt recovery. Should I be concerned about further escalations now that I have contacted them by phone?

tldr;
Oct 2022 park in a city centre barker&stonehouse after its closed because its convenient for me at the time, thinking its perfectly legal and ok to park somewhere after business hours if there are no clearly displayed 'keep out' signs or other obstructions. Receive a letter on 16/05/2023 by DCBL stating I have a CCJ of £277 over 1 month after it has been issued, on 07/04/2022. I'm now out of the '1 month removal' window and I contacted them asking for evidence of an offence to which they were unwilling to provide, research on the internet indicates I need to fill out an N244 form. Unsure of my options.

B789

Was the address in your car logbook (V5C) updated when you last moved? That is where they get the registered keeper's (RK) details from, nothing to do with your driver's licence.

You are now in a situation where you need to apply for a set aside under CPR 13.2. Please read the Newbies/FAQ thread for advice on how to go about it. Also, there are plenty of threads on here about setting aside CCJs so use the search function but select "newest" when you get results.

You can use the following in your WS for the set aside:

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. As the defendant did not give an address to the claimant at which the claim could be served at (because the defendant was not asked), CPR 6.9 applies. CPR 6.9 stipulates that an "Individual" should be served at their "Usual or last known residence."

asdf123456

Thanks for the response.

My V5C wasn't updated at the time. 
I'm currently unemployed and eligible for help to pay with costs, how would I go about doing this when submitting an N244 as I wouldn't have to pay?

Umkomaas

asdf123456 said:

Thanks for the response.

My V5C wasn't updated at the time. 
I'm currently unemployed and eligible for help to pay with costs, how would I go about doing this when submitting an N244 as I wouldn't have to pay?

Check out via Google for 'help with court fees'. 

B789

asdf123456 said:

Thanks for the response.

My V5C wasn't updated at the time. 
I'm currently unemployed and eligible for help to pay with costs, how would I go about doing this when submitting an N244 as I wouldn't have to pay?

As above. You can request a set aside without consent if necessary.

remzeh1

Hello - I have also had the exact same letter come through the post today

I've also had 0 letters come through from DCBL or the county court

This seems like a complete ploy to me and doesn't add up at all

I received a CCJ in January, for which I received the LBC, missed the first county court letter due to the postal strikes around Christmas and then received the actual CCJ through the post from the court

I paid the CCJ and it went away.

But - most importantly here - when my CCJ was issued, it appeared on my online credit files almost immediately.

DCBL are saying I had a new CCJ issued on 21st April...

I've received no LBC, and 0 letters from the court and there is nothing on my online credit files regarding a CCJ

So it doesn't add up to me at all.

Seems a big coincidence that we've both had these letters and had 0 letters from the court and no LBC

Searching the forum also shows that DCBL have done this before.

Have you checked your online credit files? If you have a CCJ from April then it would be showing on there

Coupon-mad

Same advice as here:
https://forums.moneysavingexpert.com/discussion/comment/80095458#Comment_80095458

Read that reply as if it was for you.

Do the N244 and WS and Draft Order by copying from hallie's thread, as linked in my reply.

There is no dilemma.

B789

@remzeh1 please start your own thread so as not to dilute the content of this thread. What is the address in your V5C logbook?

asdf123456

After going through the steps on the .gov website for help with payments I received a reference number I've been instructed to give to the court when making contact with them. 

I intend to give my case ref and write to my local court that I am requesting them to set aside the CCJ, attach all forms and evidence provided by the claimant against me cc the client, in this case ELMS Legal Limited. Is this correct procedure?

Also reading through that link you provided, am I correct in understanding that it is infact the responsibility of the claimant to serve the ccj to my current address despite the address on the v5c being valid at the time? 

Sorry if that sounds confusing, I'm saying the address they served to ccj to is infact valid because thats the address I have on my v5c as the registered keeper of the car, which I have now updated and will be changed within 5 working days. However, I have been living at a different address which I can prove with bank statements, and evidently they were able to eventually send me letters to my current address despite it not being on the v5c, to which I have responded.

Will draft a n244 now 

Coupon-mad

They didn't serve it to your correct address. It was NOT 'VALID' and it's not your fault they couldn't be bothered to do a bulk address trace for 28 pence!

Read hallie's thread linked in that reply.  Copy his/her WS style and case law arguments.

asdf123456

Thanks for the response.

I've sampled the WS from the post you mentioned and taken out the part about 'the claim is dead' as less than 4 months have passed since the ccj was issued. 

I do have questions about this part:
'4.      The Claimant had a duty to take reasonable steps to check for the correct address, in accordance with the IPC Code of Practice 22.1 and CPR 6.9, as more than 12 months have passed since the PCN on 08/07/2021 and the CCJ on 14/11/2022.'

In my case the offence was committed on 14/10/22, with CCJ being issued on 07/04/23 and then first correspondence to my correct address on 16/05/23. Is this still in accordance with the IPC Code of Practice 22.1 and CPR 6.9? They haven't provided any evidence of submitting a PCN to my correct address or even the old address in their case.

What is a more appropriate thing to say here; is 'as more than 4 months have passed since the time of alleged civil offense on 14/10/22 and Date of County Court Judgement on 07/04/23 without any evidence of correspondence to my correct address in that time.'

Removed point 6: '6.      Whilst I am unsure which date the claim was issued, it has been more than four months since the CCJ was issued, during which time I have not been aware of the claim or the CCJ. As per CPR 7.5, the claim should now be dismissed.'

Removed points 15 and 16 as they are not relevant to my situation. 


Please see the following finalised WS and suggest any changes if you feel necessary. 

WITNESS STATEMENT

I, X, will say as follows:

1.      I am the Defendant in this matter and I make this witness statement in support of my application to set aside the County Court Judgment (CCJ) entered against me on 07/04/2023, in default due to a defective service of Claim.

2.      I was not aware of the claim made against me until I received a letter after 16/05/2023 from Direct Collection Bailiffs Ltd acting on behalf of ELMS Legal Limited.

3.      The Claimant served the claim to an old address. This is a breach of CPR 13.2 (a) as the claim form was never served to my current address.

4.      The Claimant had a duty to take reasonable steps to check for the correct address, in accordance with the IPC Code of Practice 22.1 and CPR 6.9, as more than 4 months have passed since the time of alleged civil offense on 14/10/22 and Date of County Court Judgement on 07/04/23 without any evidence of correspondence to my correct address in that time.

5.      I have not received any correspondence or notice regarding this matter until I became aware as per point 2 above.

7.      I believe that I have a strong defence to the claim, and should it not be dismissed, I wish to have the opportunity to defend it properly as per CPR 13.3.

8.      I have set out the grounds for my application in the attached draft order.

THE CLAIMANT FAILED TO SERVE THE CLAIM

8. I understand that the Claimant obtained a Default Judgment against me as the Defendant on 07/04/2023. I am aware that the Claimant is ELMS Legal Limited and that the assumed claim is in respect of an unpaid Parking Charge Notice.

9. CPR 6.9 stipulates that an "Individual" should be served at their "Usual or last known residence."  As I have not had any correspondence in relation to this matter, other the letter stating a notice of debt recovery from DCBL (Direct Collections Bailiffs Ltd) on 16/05/23 and an email from ELMS Legal Ltd which I have received on 06/06/2023 after requesting their evidence to the claim against me. I am unsure of the specific dates that the PCN was issued.

Nonetheless, it is clear that the Claimant, having obtained a previous address from the DVLA and having received no response, did not perform the requisite "reasonable diligence" required to find my correct address to serve the claim form in. Had reasonable diligence been taken, my personal details are found in sources which DCBL have been able to obtain and contact me via a letter on 16/05/23 over 1 month after the CCJ was issued on 07/04/23. The claimant did not have any contact with the defendant, and thus should have considered they had obtained incorrect details. It appears that the claimant continued to issue correspondence to the incorrect address intentionally, in line with the concerns raised by the government regarding this abhorrent industry (Relevant case law cited below in paragraphs 25 - 32).

10. The claim form was not served at my current address; thus I was not aware of the Default Judgment until I received a letter from DCBL after 16/05/23. This is a breach of CPR 13.2 (a) as the claim form was never served to my current address. Due to this, the judgement was wrongly entered as I was unable to submit an acknowledgement of service in the absence of notification of the case (CPR 13.3).

11. The address on the claim is ADDRESS A. I moved from this address to my current address at ADDRESS B in May 2022. In support of this, I provide bank statement screenshots showing my old address (Exhibit 2) and current address (Exhibit 3).

12. The fact that there was no response from a series of letters sent to my previous address should have alerted the Claimant to the possibility that I was not residing there. Silence after sending a Notice to Keeper, a reminder and then a Letter before Claim is a clear indicator that the Registered Keeper may not live there.

13. I believe the Claimant has not adhered to CPR 6.9 (3) where they had failed to show due diligence in using an address at which I no longer resided. The claimant did not take reasonable steps to ascertain the address of my current residence, despite having some 5 months to establish a valid address. This has led to the claim being incorrectly served to an old address and an irregular judgment.

14. According to publicly available information, my circumstances are far from 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.

 

THE INTERNATIONAL PARKING COMMUNITY CODE WAS NOT FOLLOWED

17. International Parking Community (IPC) Code of Practice which requires a soft trace to be undertaken was not followed. The IPC Code of Practice 2019 - Version 7, November 2019, clause 22.1 states;

18. Operators must take reasonable steps to ensure that the motorist’s details are still correct if 12 months have passed from the Parking Event before issuing court proceedings”

 

DVLA ADDRESS DATA MAY NOT BE RELIABLE

19. DVLA data is provided for a single (very limited) reason, so a parking operator can invite the registered keeper to name the driver or pay the invoice or inform the registered keeper they will be liable if not, and notify of appeal rights.

20. The system, called 'KADOE' (Keeper On Date of Event), is a brief 'snapshot in time' address to enable a parking firm to send a Notice to the registered keeper. Operators are only allowed to ask the DVLA once, hence the code of practice requires reasonable steps are taken to check address details are current before litigation. Even if a motorist later updates a VC5 logbook with a new address (or if the DVLA fails to process a change in a timely manner, which is reportedly common) a parking operator will not know, nor be able to find that out.

21. There is no safe presumption that a DVLA vehicle address is a valid address where a Defendant can be served. The KADOE address is not provided as a 'court claim service address' and should not be relied upon, as it is only an address where the vehicle was kept at a historical point in time (which may not be where the keeper lives; it is where the car was 'kept').

22. A claim sent to an old DVLA registered keeper address with no soft trace checks (costing as little as 29 pence and offered free by debt collectors connected to the parking industry) fails to meet the IPC Code of Practice, fails to satisfy the specific 'pre-action Protocol for debt claims', and is in breach of the CPRs about the obligation to take 'reasonable steps' to check a Defendant's address so that service is effective.

23. 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.

24. There is a wealth of case law making reference to the failures of parking companies to correctly ascertain the addresses of defendants. Of note:

25. In Collier v Williams [2006] 1 WLR 1945 (CA) LJ Dyson said

26. "What state of mind in the server is connoted by the words "last known"? … As we have said, there is an important distinction between belief and knowledge. It is a distinction particularly well understood in the criminal law, but elsewhere too. The draftsman of the rules deliberately chose the word "known". In our view, knowledge in this context refers to the serving party's actual knowledge or what might be called his constructive knowledge, i.e. knowledge which he could have acquired exercising reasonable diligence. We arrive at this conclusion on the basis of what we understand the words to mean. We do not believe that there are any policy reasons which require us to give the words a strained or unusual meaning. The risk of satellite litigation is inherent in whatever interpretation is adopted. It is true that a defendant who has not in fact received the claim form should have no difficulty in setting aside a default judgment. But it is not desirable that defendants should be put to the trouble and expense of making applications to set aside default judgments."

27. The same sentiment was echoed by:

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

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

30. In Broadside Colours And Chemicals Ltd, Re (No 2) [2012] EWHC 195 (Ch) (20 February 2012) it would appear that obtaining the information from a source that an individual is required by law to keep updated is adequate knowledge. However, i would submit that it is incumbent to have recent knowledge and not outdated knowledge as HHJ Hacon put it in MB Garden Buildings Ltd v Mark Burton Construction Ltd & Anor [2014] EWHC 431 (IPEC) (28 February 2014)

31. As it was put in Dubai Financial Group Llc v National Private Air Transport Services Company (National Air Services) Ltd [2016] EWCA Civ 71 (09 February 2016) by LJ McCombe

32. “If a defendant has never become under a valid obligation to acknowledge service, either as specified under the rules or by order of the court, I do not see how it can be that a judgment can be entered against him in default of such acknowledgment. He is simply not in default at all."