Default CCJ sent to the wrong address

dr_ccj

Hello,

I am aware of all the NEWBIE threads but in all honest I am getting my brain all in a tangle after reading so many different statements! 


2 weeks ago I received a letter from DCBL stating I had an unpaid CCJ of £302.82. I gave them a call as I was baffled and was informed it related to a parking fine I received at a Costa Car Park in 2019 and was issued by Civil Enforcement Ltd.

I sent an email to CEL asking for more information, but have received nothing in response. Since then I discovered this forum and have sent a formal SAR including two redacted bank statements to verify my address. Again, nothing.

More digging reveals the parking fines were issued to an old university address. This is where it gets tricky! As part of my course I had to move about frequently. I have since learnt that changing your driving license does not change your address with the DVLA and this would be why I never received a fine. I am fully accepting that I should pay the fine and that it was my own fault for not updating the V5C. 

Be that as it may, reading other forums I believe I can possibly ask for the CCJ to be set aside as per CPR 13.2.

I contacted the County Court Business Centre and they gave me all the details they could provide pertaining to the fine and so I know it was November 2019, the address they sent it to and that CEL sent the court my details 26th May 2021 with the CCJ issued in June 2021. By this point I no longer owned the car and had last updated my V5C in April 2021 to my aunt's address as my parents had moved and were living with her temporarily.

My main concern is how the court might respond to the multiple addresses that I have lived at during my time as a student. This included having to leave my hospital accommodation during the pandemic. The only real evidence I have from living at my parents address is being on the electoral roll and bank statements.

If anyone could advise whether they feel the court might consider my application I'd be incredibly grateful! 

Umkomaas

My main concern is how the court might respond to the multiple addresses that I have lived at during my time as a student.

The court shouldn't be bothered at all. 13.2 provides for a mandatory set aside if a claim was made to a former vacated address. The PPC has many more requirements placed on them to check current address before issuing proceedings, which of course they don't bother with. I think they have more to concern themselves about what the court might think about their failure to follow the PAP and CPR processes correctly. 

B789

dr_ccj said:

I am fully accepting that I should pay the fine and that it was my own fault for not updating the V5C.

Absolutely not. You do not pay the "fine". You haven't been "fined". You have received a default judgment against you in error. You have the right to a mandatory set aside under CPR 13.2. You also have a right to a set aside under CPR 13.3 as you have a robust defence (if you follow our advice) and have a good chance of defending the claim.

Why on earth do you think it is "your fault". The V5C data is only reflective of a moment in time. The PPC should have done due diligence, especially if they hadn't received any response to their communications, by paying less than 50p and doing a soft credit reference search for your current address. They did not do that and your SAR to them will reveal that.

The original PCN was never "fine". It was a speculative invoice for an alleged breach of contract from an unregulated private parking company. You were scammed. You must get this set-aside and defend the original claim. If the original claim is over 4 months old you can even order that it be dismissed.

Coupon-mad

 I am fully accepting that I should pay the fine and that it was my own fault for not updating the V5C. 

No, you really aren't...!

And it isn't a 'fine'.

The BPA requires CEL to carry out address checks before litigation.  That's a 'soft trace' using a Credit Ref Agency.  Would have cost them 28 pence...

So whose fault is it really?  This is why everyone here sets aside CCJs and usually, the £275 fee is ordered by the Judge, back against the PPC to reply you.

Just read a few CCJ set aside threads, e.g. by @Jack5656 or @parkingpains1 and the info shown in the NEWBIES thread about setting aside a CCJ.

It DOES NOT involve paying the PCN.  DO NOT pay, as that removes your leverage.

dr_ccj

You also have a right to a set aside under CPR 13.3 as you have a robust defence (if you follow our advice) and have a good chance of defending the claim.

Thank you everyone for your responses, you have no idea how much better you've made me feel! This forum has been a godsend. I wish the parking company top honchos could feel an iota of the stress they cause when pursuing these (as I've now learnt!) 'fines'.

So essentially what you are saying is that because 13.2 and 6.9 were not met, I can use 13.3 as well because I was unable to defend the claim irrespective of the original conditions that resulted in a parking ticket being issued?

I was also hoping to include evidence about additional unwarranted charges that these PCN's so love to include in their fees but unfortunately as they have not responded to by SAR request, I have no breakdown. I'm assuming I can't very well accuse them of this in my witness statement but I could possibly allude to it?

Any comments would be hugely appreciated, thanks for the help

1505grandad

" I wish the parking company top honchos could feel an iota of the stress they cause when pursuing these (as I've now learnt!) 'fines'."

No stress for them they are raking it in (and DVLA) from motorists not willing to fight the scam:-

https://www.racfoundation.org/media-centre/private-parking-on-course-to-be-billion-pound-industry
"Steve Gooding, director of the RAC Foundation, said:
“If only the rest of the economy was booming like the private parking sector, perhaps we’d all be feeling more prosperous.
“Private parking looks set to be a billion pound-a-year business, if it isn’t already, with demands for up to £100 a time being sent out to drivers at the rate of more than one every three seconds."

Coupon-mad

I dunno...I think they are all pretty darn stressed this month!  They really don't like the Government regulation about to hit them again any week now.  Haha!

I was also hoping to include evidence about additional unwarranted charges that these PCN's so love to include in their fees but unfortunately as they have not responded to by SAR request, I have no breakdown. I'm assuming I can't very well accuse them of this in my witness statement but I could possibly allude to it?

Pretty sure that doesn't appear in any examples of set aside WS. You aren't writing about that.  You are not writing a defence yet.

Of course CEL added £70 because they always do (at the moment). A claim without it would have been under £200.  But that can wait for defence stage (after CCJ set aside).

Another v good example of a CCJ set aside WS was recently posted by @hallie28 but hers was about an IPC firm, so all references to the IPC CoP in her very good WS need changing to the BPA CoP, in your case.

dr_ccj

Thought I'd post a little update given how kind everyone was with giving me their advice.

It took quite a while for the court to get back to me and was complicated by the fact I hadn't realised that email and attachments must not exceed 50 pages (and as we all know, tenancy agreements are wordy things!). 

However I've finally had confirmation that it's been sent to my local court (Bournemouth) and will hopefully be getting a date through for that soon!

CEL have actually sent me the below email:

"We refer to your application to set aside Judgment which has been forwarded to us by the Civil National Business Centre.

We note your grounds for setting aside Judgment, which state that you had moved address before the violation occurred. We were provided with your registered address by the DVLA following the date of violation.
As you may be aware, it is an offence (punishable with a fine up to £1000) to fail to promptly notify the DVLA of a change of address.

As you do not deny being the registered keeper at the time of the violation and because you have not shown any grounds in your application that you have any reasonable prospects of defending the claim, it is our position that your application to set aside judgment will be refused. Even if the application is

granted, it is our intention to proceed with the claim against you.

However, bearing in mind this process can take time and will incur unnecessary costs for both parties, we will consent to setting aside judgment (to support your application) and to discontinue the claim against you, if you agree to pay the original £60.00 parking charge plus the administration costs and fees we have incurred in trying to recover payment of the PCN, limited to £35.00, making a total of £95.00. Each party will bear its own costs of this application. Upon receiving payment, we will provide

you with a draft Order confirming the above, to file with the Court in support of your application.

Payment can be made via our website; www.ce-service.co.uk, or alternatively via our automated

payment line (0115 822 5020). Please be advised that if this offer is not accepted within 14 days of the date of this letter, we reserve the right to show this letter to the judge on the issue of who should pay the costs of your application"

Reading other posts from users, it seems best to simply ignore their letter and proceed to court - I've already paid £270 and accepted that as money likely lost. The main thing is ensuring the CCJ is definitely removed but a bitter part of me enjoys thinking this will cost them money to defend :P 

Anyhow, thank you everyone for all your help. I'm getting quite excited for my day in court!

B789

You really don't want to agree to their "offer". You have paid £275 and you requesting a mandatory set-aside under CPR 13.2. Hopefully you have requested your costs in your set aside application.

You can ignore their obvious attempt to intimidate you with their waffle about not updating your V5C. You will not be fined  up to £1,000 by the DVLA. AS far as I am aware, the only time they have ever tried to fine anyone over this is in criminal investigations over fraud.

It's good that you are getting "excited" about our day in court. It is a great learning experience and will hold you in good stead for the future.

The only fly in the ointment I can see is that as this is the intellectually malnourished DCB Legal, is that they will discontinue after the set aside which will leave you in the lurch for your set aside fee. Did you mention anything in the set aside application about recovering your costs should the claimant discontinue after the set aside?

Coupon-mad

dr_ccj said:

Thought I'd post a little update given how kind everyone was with giving me their advice.

It took quite a while for the court to get back to me and was complicated by the fact I hadn't realised that email and attachments must not exceed 50 pages (and as we all know, tenancy agreements are wordy things!). 

However I've finally had confirmation that it's been sent to my local court (Bournemouth) and will hopefully be getting a date through for that soon!

CEL have actually sent me the below email:

"We refer to your application to set aside Judgment which has been forwarded to us by the Civil National Business Centre.

We note your grounds for setting aside Judgment, which state that you had moved address before the violation occurred. We were provided with your registered address by the DVLA following the date of violation.
As you may be aware, it is an offence (punishable with a fine up to £1000) to fail to promptly notify the DVLA of a change of address.

As you do not deny being the registered keeper at the time of the violation and because you have not shown any grounds in your application that you have any reasonable prospects of defending the claim, it is our position that your application to set aside judgment will be refused. Even if the application is

granted, it is our intention to proceed with the claim against you.

However, bearing in mind this process can take time and will incur unnecessary costs for both parties, we will consent to setting aside judgment (to support your application) and to discontinue the claim against you, if you agree to pay the original £60.00 parking charge plus the administration costs and fees we have incurred in trying to recover payment of the PCN, limited to £35.00, making a total of £95.00. Each party will bear its own costs of this application. Upon receiving payment, we will provide

you with a draft Order confirming the above, to file with the Court in support of your application.

Payment can be made via our website; www.ce-service.co.uk, or alternatively via our automated

payment line (0115 822 5020). Please be advised that if this offer is not accepted within 14 days of the date of this letter, we reserve the right to show this letter to the judge on the issue of who should pay the costs of your application"

Reading other posts from users, it seems best to simply ignore their letter and proceed to court - I've already paid £270 and accepted that as money likely lost. The main thing is ensuring the CCJ is definitely removed but a bitter part of me enjoys thinking this will cost them money to defend :P 

Anyhow, thank you everyone for all your help. I'm getting quite excited for my day in court!

Your £275 isn't likely lost. The whole claim should be dismissed on the spot, with your costs awarded to you, for CEL to pay.

URGENTLY send the new (persuasive) HHJ Murch* appeal case transcript to the local court and you must copy in CEL, with a short, signed & dated supplementary WS ... and your costs listed on a separate sheet.  Don't forget your loss of leave for attending the hearing as well as the £275 fee.


* search the forum for Murch Chan which is a CEL case!  YOU MUST ADD IT NOW.

dr_ccj

B789 said:

Did you mention anything in the set aside application about recovering your costs should the claimant discontinue after the set aside?

The only thing I can find is in the draft Order in which I said "Order for the Claimant to pay the Defendant £275 as reimbursement for the set aside fee."
I'm hoping this counts 🤞