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Excel parking fine - Help needed to review my CCJ set aside application documents

Good day everyone and thank you for the efforts made to have such a forum available to the public.

I recently discovered that I had a CCJ issued against me due to a claim for a parking fine issued by Excel Parking and I would appreciate if forum members could help me review the below documents (draft N244, draft order, and witness statement) before I submit my application for the judgement to be set aside.

----------

Draft N244

Name of court: Northampton CCBC

Claim no.: KXXXXXXX

Fee account no.:

Help with Fees – Ref. no.:

Warrant no.:

Claimant’s name: Excel Parking Services Limited [Should this instead be the name of their lawyers? i.e., ELMS Legal Limited?]

Defendant’s name: Bxxxxxxxxxxy

Date: 29/06/2023

1.      What is your name or, if you are a legal representative, the name of your firm? Bxxxxxxxxxxy

2.      Are you a: Defendant

3.      What order are you asking the court to make and why? The Defendant seeks an order that the judgement dated xx/05/2023 be set aside pursuant to CPR 13.3. The Defendant seeks the order to set aside because she was unaware of the proceedings as the Claimant served proceedings at an address not used by the Defendant since 2019. The Defendant only discovered the Judgement when she received a ‘Notice of Debt Recovery’ letter from Direct Collections Bailiffs Ltd at her current address and has acted promptly in making this application. The Defendant further seeks an order to be allowed to file a defence in the case [Can I instead ask for the original case to be dismissed?].

4.      Have you attached a draft of the order you are applying for? Yes

5.      How do you want to have this application dealt with? at a hearing [Can I ask to have it done without a hearing? Will it hurt my case? Is it advantageous to go in person?]

6.      How long do you think the hearing will last?

7.      Give details of any fixed trial date or period

8.      What level of Judge does your hearing need?

9.      Who should be served with this application? Claimant

        a.      Please give the service address, (other than details of the claimant or defendant) of any party named in question 9.

What information will you be relying on, in support of your application? the attached witness statement.
----------

Draft Order

In the Northampton County Court [Is this the same as Northampton CCBC?]

Claim no.: KXXXXXXX

Between:

Excel Parking Services Limited [Should this instead be the name of their lawyers? i.e., ELMS Legal Limited?]

Claimant

--- and ---

Bxxxxxxxxxxy

Defendant

 

Draft Order

Upon reading the Defendant’s application dated 29/06/2023

It is ordered that:

1.      The judgement dated xx/05/2023 be set aside.

2.      The Claimant do pay the Defendant’s costs of this application, assessed at £275. [Should I instead request for costs to be reserved? Can the court choose to reserve costs as an alternative to ordering that my application fee be repaid by the Claimant?]

3.      Unless the Claimant serves a copy of the Claim Form on the Defendant by 4pm on [What’s a reasonable date to put in here?], the claim will be struck out without further order.

4.      If the Claimant serves the claim form as directed in paragraph 3 the Defendant shall file and serve a defense by 4pm on [I assume this should be 14 days from the date set in item 3?].

5.      If the Claimant discontinues it’s claim after the judgement referred to in paragraph 1 is set aside, the Claimant shall pay the Defendant’s costs of this application, assessed at £275, plus the Defendant’s costs for attending the hearing.

        a.      [This is an alternative statement for item 5. Wonder which of the two is better?] Should the court reserve costs in the case as an alternative to paragraph 2, and the Claimant discontinues it’s claim, the Claimant shall pay the Defendant’s costs of this application, assessed at £275, plus the Defendant’s costs for attending the hearing

6.      All enforcement be put on hold pending the outcome of the application.

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Witness Statement

In the Northampton County Court [Is this the same as Northampton CCBC?]

Claim no.: KXXXXXXX

Between:

Excel Parking Services Limited [Should this instead be the name of their lawyers? i.e., ELMS Legal Limited?]

Claimant

--- and ---

Bxxxxxxxxxxy

Defendant

 

Witness Statement

I, Bxxxxxxxxxxy of [Birmingham address], am the Defendant in this matter.

This is my witness statement in support of my application for an order to set aside the judgement dated xx/05/2023.

1.      Setting aside the judgement

        1.1.   I learned of the existence of this claim on the 27/06/2023 when I received a ‘Notice of Debt Recovery’ letter [attached in Appendix A] from Direct Collections Bailiffs Ltd at my current address [Birmingham address].

        1.2.    It is my understanding that the claim was served at [Stafford address]. However, I no longer live at that address.

        1.3.   I have lived at my current address since December 2020. This is evidenced by my driver’s license [attached in Appendix B], my most recent update to the electoral register [attached in Appendix C], my most recent council tax bill [attached in Appendix D], and my mortgage completion statement [attached in Appendix E].

        1.4.   Prior to the document stated in paragraph 1.1, I have never received any previous documentation from the Claimant regarding this matter and as such I was never able to defend the claim.

        1.5.   Given that this claim is related to a parking incident which occurred in October 2022, it follows that the Claimant would have had reason to believe they did not hold my current contact details having received no response from me for over 6 months.

        1.6.   It is therefore unreasonable for the Claimant to pursue a claim against me without ensuring that they had my correct and current contact details, especially given the multitude of avenues that could have been used to obtain my current address, vis, freedom of information requests, tracing agencies, etc.

        1.7.   Based on the above, I believe the Claimant did not fulfil their duty to use my current address when making their claim, meaning I did not have the opportunity to defend this claim properly.

        1.8.   [Do I need to invite the Claimant to consent to set aside the judgement?]

        1.9.   As a result of all the above, I respectfully request that the Court sets aside the judgment in this claim.

2.      Defending the claim

        2.1.   [Not so sure what to include here]

Statement of truth: I, Bxxxxxxxxxxy, believe that the facts stated in this Witness Statement are true.

Signature:

Date: 29/06/2023

----------

Questions from drafts. Note this is just a summary of all the questions above. To view the questions in context, please see the items highlighted in bold in each draft document.

N244

Header:

a)      Should this instead be the name of their lawyers? i.e., ELMS Legal Limited?

Body:

3.      Can I instead ask for the original case to be dismissed?

·        I mentioned in my background information that I wasn’t sure if the original fine was justified but I was unable to receive further details about the fine from Excel Parking. Is it safer to request that I be given a chance to defend the claim, or should I submit a SAR to Excel Parking and request for dismissal in the N244 if the evidence they provide is not compelling?

5.      Can I ask to have it done without a hearing? Will it hurt my case? Is it advantageous to go in person?

·        I’m nervous about going to face them in court.

 

Draft order

Header:

a)      Is this the same as Northampton CCBC?

Body:

2.      Should I instead request for costs to be reserved? Can the court choose to reserve costs as an alternative to ordering that my application fee be repaid by the Claimant?

3.      What’s a reasonable date to put in here?

4.      I assume this should be 14 days from the date set in item 3?

5.      This is an alternative statement for item 5. Wonder which of the two is better?

a.      Should I be asking for costs to be paid to me if the claim is discontinued: when the judgement is set aside or if the court decides to reserve costs?

Witness Statement

Body:

1.8. Do I need to invite the Claimant to consent to set aside the judgement?

·        I must admit I am confused by the concept of requesting consent to set aside the judgement. I understand that by doing so my application fee will be cheaper than 275£. But does this mean I must pay the Claimant the outstanding debt of 277£? This comment seems to suggest yes and this comment seems to suggest no. Apparently their original claim was for 170£ and I feel like even if I am found liable for the fine, I shouldn’t be paying the full debt of 277£. Can someone kindly clarify this for me?

2.1. Not so sure what to include here

·        In addition to the information I provided about not receiving the claim at my current address, do I also need to demonstrate how I will defend the claim for the parking fine? Or should this be done later when a decision is made about setting aside the judgement?

----------

Additional questions

Have I got a good chance of getting the judgement set aside even though I failed to update my logbook? Or will the judge refuse to set aside on the grounds that I should have updated it?

I assume I would need to get a SAR from Excel Parking if I wanted to get details to defend my case. What if the details they provide show that I am clearly in the wrong? What are my options then? Will the judgment stay on my credit record? Will I be liable to pay the original parking fine (170£)? Or will I have to pay the current debt (277£) plus their court fees?

Any help will be appreciated as I am very nervous about all this. Thank you.





















«13

Comments

  • noubee
    noubee Forumite Posts: 19
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    Background Information.

    2 days ago, I received a debt recovery letter from DCBL saying that I had an unpaid CCJ to the amount of 277£. The letter was dated 15/06/2023 so it is possible that it had been sent earlier, but I only saw it on Tuesday as I had been away from home previously. My initial instinct was to go online and pay it off, but my OH pointed out that there’s no point in doing so as the CCJ would still stay on my credit record for 6 years. So, I started researching how to get it cleared.

    Yesterday, Wednesday, I called the number provided on the DCBL letter to find out what the debt was about and why I hadn’t received any information about it prior to this letter. The agent informed me that it was with respect to a parking fine but refused to give me further details about which parking company it was, when the parking incident took place, what court issued the judgement, when the claim was submitted, etc. I further explained that since I hadn’t received any prior communication, I wanted to have a chance to defend the claim and even if I were eventually found liable to pay the parking fine, I still needed to have the CCJ cleared. To which I was informed that this would not be possible as it had been more than 1 month since the judgement was issued and my only option would be to pay off the debt in full or arrange a payment plan with them. In response I said I was not ready to pay and the agent mentioned that DCBL would continue pursuing me until I paid the debt.

    I ended the call there, did some research about CCJs and found the contact number for Northampton CCBC. I gave them a call and finally spoke with an agent who gave me some information about the claim. Excel Parking Services had made a claim for 170£ for a parking charge issued at their car park on Bristol Road South, Northfield on xx/10/2022 and the claim was served to an address in Stafford (I had previously lived at this address, but I currently live in Birmingham). The agent emailed the N244 form to me which could be used if I wanted to apply to have the judgement set aside. I was also informed that it would cost £275 to lodge the application.

    Given my new knowledge of the address where the claim was served, I remembered that when I moved to my new address in Birmingham, I had attempted to update my DVLA details. I was able to change the address on my driver’s license (which was readily available in my wallet and now bears my current correct address) but I failed to update my vehicle logbook as I could not find the document in the chaos of moving house. I had been meaning to update it when I managed to unpack but ultimately, I forgot, and I take responsibility for that. What makes it all more confusing for me is that I have previously received a parking fine from another PPC at my current address, so I always assumed my records were up to date. In any case, I found the logbook yesterday and updated my details on the DVLA website.

    Given the month and location of the incident, I vaguely remembered going to that car park, paying for parking initially, going about my business, realising that the parking ticket was going to expire, and then going to purchase another ticket to extend my parking. Luckily, I paid by card because I was able to trace those payments to Excel Parking on my bank statement.

    I then decided to call Excel Parking help line to explain the situation to them and also to request if they could provide me with details (photos/videos) of the original parking fine. The agent informed me that the fine was for staying beyond the time of my ticket and provided the time and day when the fine was issued. They were unable to provide further details on the phone and gave me their litigations email address instead. I also asked why I was receiving a debt collection letter at my correct address but the other details of the fine and the claim were sent to a previous address. The response was that they use the DVLA database while the debt collection agency uses another database. At this point, they refused to give me any more information and the call ended.

    I then proceeded to email their litigation team yesterday afternoon explaining that I did pay for parking, and I did extend my parking ticket – I attached screenshots from my bank statement. I also asked if they could provide further details about the parking fine as it was possible that I was mistakenly fined. I received a one-line response stating that the case was now with ELMS Legal Ltd and that any payment should be made directly to them.

    At this point I almost gave up, but feeling restless, I kept browsing online and eventually came across this forum. Having gone through the introductory posts from the moderators and posts from other members, I was able to draft the above N244, six-point draft order, and witness statement. I have some questions (set out in bold) in my draft documents and would appreciate if forum members could help me review the drafts before I submit them.




  • Coupon-mad
    Coupon-mad Forumite Posts: 122,579
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    edited 29 June at 5:30PM
    Claimant’s name: Excel Parking Services Limited[Should this instead be the name of their lawyers? i.e., ELMS Legal Limited?]
    Nope.

    Very good research. So glad you didn't pay it off and refused to listen to DCB Ltd.

    Ask for your costs to be refunded by the Claimant NOT 'reserved'.  Leave dates on the Draft Order word document BLANK as this is for the Judge to fill in.

    Can I ask to have it done without a hearing? Will it hurt my case? Is it advantageous to go in person?   I’m nervous about going to face them in court.

    You need a hearing!

    Relax, this is a mandatory set aside under CPR 13.2.  But you SHOULD first email Elms Legal and point out this is a mandatory set aside situation (claim was improperly served to a very old address with no checks done) and invite them to issue a Draft Order to consent to set aside but that you will not be paying the CCJ because the point is you wish to defend in full.

    Give them seven days to consent, after which you will apply anyway and incur the £275 fee to set aside 'without consent' and with a hearing, and they will be liable for that cost.

    You've misspelt "judgement" and "defense" (those are the wrong spellings).
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  • 1505grandad
    1505grandad Forumite Posts: 2,510
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    Similarly with "driver’s license" x 2 (licence)
  • noubee
    noubee Forumite Posts: 19
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    Thank you @Coupon-mad and @1505grandad for your feedback and suggestions. As advised, I have emailed ELMS Legal to notify them of my intention to apply for the judgment to be set aside and to invite them to consent. I have also made corrections to the application forms (included below).

    I would appreciate it if someone could give me some advice on the second part of my witness statement i.e. defending the claim. I've read something on this forum post about getting a SAR in the pre-action stage of a claim but I don't know if this applies to me as I've neither received a letter of claim or letter before claim. So basically, what I'd like to know is that:
    As part of my set aside application, is it necessary to demonstrate how I will defend the claim for the parking fine?
    If yes, can I request a SAR even if I haven't been sent a letter of claim or letter before claim?

    ----------

    Draft N244

    Name of court: Northampton CCBC

    Claim no.: KXXXXXXX

    Fee account no.:

    Help with Fees – Ref. no.:

    Warrant no.:

    Claimant’s name: Excel Parking Services Limited

    Defendant’s name: Bxxxxxxxxxxy

    Date: 03/07/2023

    1.      What is your name or, if you are a legal representative, the name of your firm? Bxxxxxxxxxxy

    2.      Are you a: Defendant

    3.      What order are you asking the court to make and why? The Defendant seeks an order that the judgment dated xx/05/2023 be set aside pursuant to CPR 13.3 [Should this be mandatory set aside under CPR 13.2?]. The Defendant seeks the order to set aside because she was unaware of the proceedings as the Claimant served proceedings at an address not used by the Defendant since 2019. The Defendant only discovered the Judgment when she received a ‘Notice of Debt Recovery’ letter from Direct Collections Bailiffs Ltd at her current address and has acted promptly in making this application. The Defendant further seeks an order to be allowed to file a defence in the case [Can I instead ask for the original case to be dismissed?].

    4.      Have you attached a draft of the order you are applying for? Yes

    5.      How do you want to have this application dealt with? at a hearing

    6.      How long do you think the hearing will last?

    7.      Give details of any fixed trial date or period

    8.      What level of Judge does your hearing need?

    9.      Who should be served with this application? Claimant

            a.      Please give the service address, (other than details of the claimant or defendant) of any party named in question 9.

    What information will you be relying on, in support of your application? the attached witness statement.

    ----------

    Draft Order

    In the Northampton County Court [Is this the same as Northampton CCBC?]

    Claim no.: KXXXXXXX

    Between:

    Excel Parking Services Limited

    Claimant

    --- and ---

    Bxxxxxxxxxxy

    Defendant

     

    Draft Order

    Upon reading the Defendant’s application dated 03/07/2023

    It is ordered that:

    1.      The judgment dated xx/05/2023 be set aside.

    2.      The Claimant do pay the Defendant’s costs of this application, assessed at £275.

    3.      Unless the Claimant serves a copy of the Claim Form on the Defendant by 4pm on DD/MM/YYYY, the claim will be struck out without further order.

    4.      If the Claimant serves the claim form as directed in paragraph 3 the Defendant shall file and serve a defense by 4pm on DD/MM/YYYY.

    5.      If the Claimant discontinues it’s claim after the judgment referred to in paragraph 1 is set aside, the Claimant shall pay the Defendant’s costs of this application, assessed at £275, plus the Defendant’s costs for attending the hearing.

    6.      All enforcement be put on hold pending the outcome of the application.

    ----------

    Witness Statement

    In the Northampton County Court [Is this the same as Northampton CCBC?]

    Claim no.: KXXXXXXX

    Between:

    Excel Parking Services Limited

    Claimant

    --- and ---

    Bxxxxxxxxxxy

    Defendant

     

    Witness Statement

    I, Bxxxxxxxxxxy of [Birmingham address], am the Defendant in this matter.

    This is my witness statement in support of my application for an order to set aside the judgment dated xx/05/2023.

    1.      Setting aside the judgment

            1.1.   I learned of the existence of this claim on the 27/06/2023 when I received a ‘Notice of Debt Recovery’ letter [attached in Appendix A] from Direct Collections Bailiffs Ltd at my current address [Birmingham address].

            1.2.    It is my understanding that the claim was served at [Stafford address]. However, I no longer live at that address.

            1.3.   I have lived at my current address since December 2020. This is evidenced by my driver’s licence [attached in Appendix B], my most recent update to the electoral register [attached in Appendix C], my most recent council tax bill [attached in Appendix D], and my mortgage completion statement [attached in Appendix E].

            1.4.   Prior to the document stated in paragraph 1.1, I have never received any previous documentation from the Claimant regarding this matter and as such I was never able to defend the claim.

            1.5.   Given that this claim is related to a parking incident which occurred in October 2022, it follows that the Claimant would have had reason to believe they did not hold my current contact details having received no response from me for over 6 months.

            1.6.   It is therefore unreasonable for the Claimant to pursue a claim against me without ensuring that they had my correct and current contact details, especially given the multitude of avenues that could have been used to obtain my current address, vis, freedom of information requests, tracing agencies, etc.

            1.7.   Based on the above, I believe the Claimant did not fulfil their duty to use my current address when making their claim, meaning I did not have the opportunity to defend this claim properly.

            1.8.   I contacted the Claimant’s legal representative (ELMS Legal Ltd) via email on 30/06/2023, to inform them about my intention to apply for the case to be set aside but I have not received any response from them.

            1.9.   As a result of all the above, I respectfully request that the Court sets aside the judgment in this claim.

    2.      Defending the claim

            2.1.   [Not so sure what to include here]

    Statement of truth: I, Bxxxxxxxxxxy, believe that the facts stated in this Witness Statement are true.

    Signature:

    Date: 03/07/2023

    ----------


    Any other comments and suggestions would be greatly appreciated. Thank you!
  • noubee
    noubee Forumite Posts: 19
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    Relax, this is a mandatory set aside under CPR 13.2. 


    Hello @Coupon-mad thanks so much for your detailed feedback. I noticed you made reference to the mandatory set aside under CPR 13.2, however in question 3 of my N244 I mentioned CPR 13.3 (as seen on another post on the forum), should i change it to 13.2?
  • Coupon-mad
    Coupon-mad Forumite Posts: 122,579
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    State both.  Mandatory set aside under CPR 13.2 due to improper service.  But CPR 13.3 as a fallback position.

    As part of my set aside application, is it necessary to demonstrate how I will defend the claim for the parking fine?
    No.  Don't try to do it all.  Step by step.

    See the completed set aside threads by:

    @Brokenchief

    @Jack5656

    @parkingpains1
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  • noubee
    noubee Forumite Posts: 19
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    Thank you @Coupon-mad. I have edited my N244 and witness statement as advised and I'll wait until the end of the week to submit the set aside application.

    ----------

    Draft N244

    Name of court: Northampton CCBC

    Claim no.: KXXXXXXX

    Fee account no.:

    Help with Fees – Ref. no.:

    Warrant no.:

    Claimant’s name: Excel Parking Services Limited

    Defendant’s name: Bxxxxxxxxxxy

    Date: 03/07/2023

    1.      What is your name or, if you are a legal representative, the name of your firm? Bxxxxxxxxxxy

    2.      Are you a: Defendant

    3.      What order are you asking the court to make and why? The Defendant seeks an order that the judgment dated xx/05/2023 be set aside pursuant to CPR 13.2 and CPR 13.3. The Defendant seeks the order to set aside because she was unaware of the proceedings as the Claimant served proceedings at an address not used by the Defendant since 2019. The Defendant only discovered the Judgment when she received a ‘Notice of Debt Recovery’ letter from Direct Collections Bailiffs Ltd at her current address and has acted promptly in making this application. The Defendant further seeks an order to be allowed to file a defence in the case.

    4.      Have you attached a draft of the order you are applying for? Yes

    5.      How do you want to have this application dealt with? at a hearing

    6.      How long do you think the hearing will last?

    7.      Give details of any fixed trial date or period

    8.      What level of Judge does your hearing need?

    9.      Who should be served with this application? Claimant

            a.      Please give the service address, (other than details of the claimant or defendant) of any party named in question 9.

    What information will you be relying on, in support of your application? the attached witness statement.

    ----------

     

    Draft Order

    In the Northampton County Court [Is this the same as Northampton CCBC?]

    Claim no.: KXXXXXXX

    Between:

    Excel Parking Services Limited

    Claimant

    --- and ---

    Bxxxxxxxxxxy

    Defendant

     

    Draft Order

    Upon reading the Defendant’s application dated 03/07/2023

    It is ordered that:

    1.      The judgment dated xx/05/2023 be set aside.

    2.      The Claimant do pay the Defendant’s costs of this application, assessed at £275.

    3.      Unless the Claimant serves a copy of the Claim Form on the Defendant by 4pm on DD/MM/YYYY, the claim will be struck out without further order.

    4.      If the Claimant serves the claim form as directed in paragraph 3 the Defendant shall file and serve a defense by 4pm on DD/MM/YYYY.

    5.      If the Claimant discontinues it’s claim after the judgment referred to in paragraph 1 is set aside, the Claimant shall pay the Defendant’s costs of this application, assessed at £275, plus the Defendant’s costs for attending the hearing.

    6.      All enforcement be put on hold pending the outcome of the application.

    ----------

    Witness Statement

    In the Northampton County Court [Is this the same as Northampton CCBC?]

    Claim no.: KXXXXXXX

    Between:

    Excel Parking Services Limited

    Claimant

    --- and ---

    Bxxxxxxxxxxy

    Defendant

     

    Witness Statement

    I, Bxxxxxxxxxxy of [Birmingham address], am the Defendant in this matter.

    This is my witness statement in support of my application for an order to set aside the judgment dated xx/05/2023.

            1.1.   I learned of the existence of this claim on the 27/06/2023 when I received a ‘Notice of Debt Recovery’ letter [attached in Appendix A] from Direct Collections Bailiffs Ltd at my current address [Birmingham address].

            1.2.    It is my understanding that the claim was served at [Stafford address]. However, I no longer live at that address.

            1.3.   I have lived at my current address since December 2020. This is evidenced by my driver’s licence [attached in Appendix B], my most recent update to the electoral register [attached in Appendix C], my most recent council tax bill [attached in Appendix D], and my mortgage completion statement [attached in Appendix E].

            1.4.   Prior to the document stated in paragraph 1.1, I have never received any previous documentation from the Claimant regarding this matter and as such I was never able to defend the claim.

            1.5.   Given that this claim is related to a parking incident which occurred in October 2022, it follows that the Claimant would have had reason to believe they did not hold my current contact details having received no response from me for over 6 months.

            1.6.   It is therefore unreasonable for the Claimant to pursue a claim against me without ensuring that they had my correct and current contact details, especially given the multitude of avenues that could have been used to obtain my current address, vis, freedom of information requests, tracing agencies, etc.

            1.7.   Based on the above, I believe the Claimant did not fulfil their duty to use my current address when making their claim, meaning I did not have the opportunity to defend this claim properly.

            1.8.   I contacted the Claimant’s legal representative (ELMS Legal Ltd) via email on 30/06/2023, to inform them about my intention to apply for the case to be set aside but I have not received any response from them.

            1.9.   As a result of all the above, I respectfully request that the Court sets aside the judgment in this claim.

    Statement of truth: I, Bxxxxxxxxxxy, believe that the facts stated in this Witness Statement are true.

    Signature:

    Date: 03/07/2023

    ----------

  • Coupon-mad
    Coupon-mad Forumite Posts: 122,579
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    edited 3 July at 10:18PM
    That short statement of truth is 4 years out of date.  The newer one is easy to Google and is stated in the 2nd post of the NEWBIES thread too.

    Re-number it all to normal sequential numbers.

    I think you need to add more to your WS, to explain that if the Court is not minded to set aside this CCJ under CPR 13.2 for improper service (which it indisputably was, given that vehicle registered addresses are notoriously wrong in up to a third of cases and for that reason, vehicle addresses are not supplied by the DVLA as reliable or correct addresses for court document service against registered keepers) there are good reasons why the court should, in any event, set aside the CCJ under CPR 13.3.

    Then explain that you have good prospects of defending the claim because (...a line or two about crap signs/ faulty payment methods / no grace period or whatever is likely to form the facts of your defence!).  And secondly:

    The DLUHC is about to announce (before Summer Recess, so any week now...) the resurrection of the Statutory Private Parking Code of Practice, which in Feb 2022 banned the false, hugely disproportionate (and unincurred) 'DRA costs' and declared these "extorting money from motorists".  Given this is believed highly likely to be re-stated (possibly in even more damning terms this time) by the Government in their draft Impact Assessment, in accordance with the Overriding Objective this imminent announcement is certainly 'some other good reason' to set aside a CCJ which includes the exaggerated enhancement that only avoided an immediate ban in 2022 due to the industry delaying it with Judicial Reviews.


    -----------------------

    6.      How long do you think the hearing will last? 

    One hour

    8.      What level of Judge does your hearing need?

    District Judge


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  • noubee
    noubee Forumite Posts: 19
    10 Posts Second Anniversary Name Dropper
    Forumite
    Hello @Coupon-mad thanks very much for your feedback. It has now been a week since I emailed ELMS Legal, so I plan to submit my application later today. Please find below the final versions of the documents I intend to submit. As always any final touches and recommendations would be most welcome!

    ----------

    Draft N244

    Name of court: Northampton CCBC

    Claim no.: KXXXXXXX

    Fee account no.:

    Help with Fees – Ref. no.:

    Warrant no.:

    Claimant’s name: Excel Parking Services Limited

    Defendant’s name: Bxxxxxxxxxxy

    Date: 07/07/2023

    1.      What is your name or, if you are a legal representative, the name of your firm? Bxxxxxxxxxxy

    2.      Are you a: Defendant

    3.      What order are you asking the court to make and why? The Defendant seeks an order that the judgment dated xx/05/2023 be set aside pursuant to CPR 13.2 and CPR 13.3. The Defendant seeks the order to set aside because she was unaware of the proceedings as the Claimant served proceedings at an address not used by the Defendant since 2019. The Defendant only discovered the Judgment when she received a ‘Notice of Debt Recovery’ letter from Direct Collections Bailiffs Ltd at her current address and has acted promptly in making this application. The Defendant further seeks an order to be allowed to file a defence in the case.

    4.      Have you attached a draft of the order you are applying for? Yes

    5.      How do you want to have this application dealt with? at a hearing

    6.      How long do you think the hearing will last? 1 hour

    7.      Give details of any fixed trial date or period

    8.      What level of Judge does your hearing need? District Judge

    9.      Who should be served with this application? Claimant

            a.      Please give the service address, (other than details of the claimant or defendant) of any party named in question 9.

    What information will you be relying on, in support of your application? the attached witness statement.

    ----------

     

    Draft Order

    In the Northampton County Court [Is this the same as Northampton CCBC?]

    Claim no.: KXXXXXXX

    Between:

    Excel Parking Services Limited

    Claimant

    --- and ---

    Bxxxxxxxxxxy

    Defendant

     

    Draft Order

    Upon reading the Defendant’s application dated 07/07/2023

    It is ordered that:

    1.      The judgment dated xx/05/2023 be set aside.

    2.      The Claimant do pay the Defendant’s costs of this application, assessed at £275.

    3.      Unless the Claimant serves a copy of the Claim Form on the Defendant by 4pm on DD/MM/YYYY, the claim will be struck out without further order.

    4.      If the Claimant serves the claim form as directed in paragraph 3 the Defendant shall file and serve a defense by 4pm on DD/MM/YYYY.

    5.      If the Claimant discontinues it’s claim after the judgment referred to in paragraph 1 is set aside, the Claimant shall pay the Defendant’s costs of this application, assessed at £275, plus the Defendant’s costs for attending the hearing.

    6.      All enforcement be put on hold pending the outcome of the application.

    ----------

    Witness Statement

    In the Northampton County Court [Is this the same as Northampton CCBC?]

    Claim no.: KXXXXXXX

    Between:

    Excel Parking Services Limited

    Claimant

    --- and ---

    Bxxxxxxxxxxy

    Defendant

     

    Witness Statement

    I, Bxxxxxxxxxxy of [Birmingham address], am the Defendant in this matter.

    This is my witness statement in support of my application for an order to set aside the judgment dated xx/05/2023.

    1.          I learned of the existence of this claim on the 27/06/2023 when I received a ‘Notice of Debt Recovery’ letter [attached in Appendix A] from Direct Collections Bailiffs Ltd at my current address [Birmingham address].

    2.          It is my understanding that the claim was served at [Stafford address]. However, I no longer live at that address.

    3.          I have lived at my current address since December 2020. This is evidenced by my driver’s licence [attached in Appendix B], my most recent update to the electoral register [attached in Appendix C], my most recent council tax bill [attached in Appendix D], and my mortgage completion statement [attached in Appendix E].

    4.          Prior to the document stated in paragraph 1.1, I have never received any previous documentation from the Claimant regarding this matter and as such I was never able to defend the claim.

    5.          Given that this claim is related to a parking incident which occurred in October 2022, it follows that the Claimant would have had reason to believe they did not hold my current contact details having received no response from me for over 6 months.

    6.          It is therefore unreasonable for the Claimant to pursue a claim against me without ensuring that they had my correct and current contact details, especially given the multitude of avenues that could have been used to obtain my current address, vis, freedom of information requests, tracing agencies, etc.

    7.          Based on the above, I believe the Claimant did not fulfil their duty to use my current address when making their claim, meaning I did not have the opportunity to defend this claim properly.

    8.          I contacted the Claimant’s legal representative (ELMS Legal Ltd) via email [attached in Appendix F] on 30/06/2023, to inform them about my intention to apply for the case to be set aside but I have not received any response from them.

    9.          As a result of all the above, I respectfully request that the Court sets aside the judgment in this claim under CPR 13.2 for improper service of the court documents.

    10.       Alternatively, if the court is not inclined to set aside the judgment in this claim under CPR 13.2, there are good reasons why the judgment should be set aside under CPR 13.3

    10.1.  I believe that I have good prospects of defending the claim because, given the circumstances, a reasonable grace period should have been given before issuing a fine. When I parked my car, I purchased and displayed my parking ticket on my dashboard, went about my business, realised my parking ticket had expired, and returned to purchase and display another ticket in order to extend my stay at the car park.

    Statement of truth: I, Bxxxxxxxxxxy, 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 in a document verified by a statement of truth without an honest belief in its truth.

    Signature:

    Date: 07/07/2023

    ----------

  • noubee
    noubee Forumite Posts: 19
    10 Posts Second Anniversary Name Dropper
    Forumite
    The DLUHC is about to announce (before Summer Recess, so any week now...) the resurrection of the Statutory Private Parking Code of Practice, which in Feb 2022 banned the false, hugely disproportionate (and unincurred) 'DRA costs' and declared these "extorting money from motorists".  Given this is believed highly likely to be re-stated (possibly in even more damning terms this time) by the Government in their draft Impact Assessment, in accordance with the Overriding Objective this imminent announcement is certainly 'some other good reason' to set aside a CCJ which includes the exaggerated enhancement that only avoided an immediate ban in 2022 due to the industry delaying it with Judicial Reviews.

    Since the announcement has not yet been made by the DLUHC, should I still be including the above defence in my witness statement?
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