VCS issued 3 CCJ’s against me through DCBL

B789

Dan140383 said:

Thank you all so much, I genuinely thought there was nothing I could do with it being so long ago and without sounding really dramatic, I wouldn’t even be able to watch it as I wanted to forget about the whole experience because it was genuinely traumatic.

Having never had anyone I know contact me to say that they have seen me on the programme has made me feel slightly ignorant to it in a way as for years now I have hoped that my email to them when all this happened was enough for them not air it. Surely it didn’t make it to the programme as somehow I would have known? However coupon-mad is right I need to email them so I know if this did air or if indeed it could in the future because again without sounding dramatic if it has/were to I honestly don’t know how I would cope with that level of embarrassment and humiliation.

Although I have never been in debt I know you are never to answer / open door to a bailiff and the only reason I did was because I had producers ringing the buzzer along with tenants who were blocked in by the whole production team and cameras  and wanting to go to work, on top of this a screaming baby, I let them in out of sheer embarrassment and stress.

Not only this but 6 years on I am still massively impacted by this with not being able to rent without a guarantor or paying 6 months rent up front and I have never had a loan, credit card or debt in my life. I am literally being punished for parking in a bay that I was paying for!

I can’t find my AST so will call my old estate agent first thing for a copy of this. I have found an email from the DVLA confirming the date of my change of address which was August 2018 months before the second and third CCJ were issued at my previous address.

I have read through the newbie posts all night for help with the N244 and witness statements and have been copying over to a word document.

The one i focused on in particular was between coupon-mad and 123MrsT

Does it need to be that ling with all the legal points? Can I copy this and change wording to make relevant to my case?

There are still a few things I’m confused with (think I may have read to many)

Do I fill out one form for both CCJ”s? And do I mention the original CCJ that I paid which is now settled and off my report?


Many thanks

Your WS that goes with the N244 has to highlight the reasons for the set aside order. In your case, it should order that the CCJs be set aside mandatorily us they were not served to a valid address for the defendant. CPR 13.2 applies. In the alternative, the claims have a very good prospect of being successfully defended and you will be asking the court to have them set aside under CPR 13.3.

Do have a look at a few other set aside threads and see how they formatted their WSs. It is your version of events about why the claimant failed to correctly serve the claims and how they have abused the process if they didn't perform a simple credit check to find your actual address. Have a look at the CPRs and see how you may want to word your WS:

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part13

You can consider this a very valuable life-learning experience. It's just a pity that our education system fails the majority by not introducing everyone to some very basic understanding of civil law as it affects almost everyone at some stage in their lives. You would be surprised at how many people have no idea how the process of the CCJ works. Many people think that just getting a claim is the equivalent of a CCJ and that bailiffs can come and take your goods without it ever going to court.

bbdnw1106

I appreciate every single reply. You have been beyond helpful and I only wish I had the knowledge about all of this 6 years ago!

Once I have put everything together would it be ok with you all to post on here just so you can check it for me? Is that something I am allowed to do?

Many thanks

Coupon-mad

Yes - that's what we do here every day.

The best recent example of a CCJ set aside Witness Statement was the one posted by @hallie28 which you can copy from.

Harvez63

@Dan140383 you need to give credit to yourself for living so long with a CCJ on your file. I had one for a good few months and it was absolute hell. So I know how you feel. Also filled with a rage how you've been bullied by these want to be thugs. 

You're get through this and I think this one has everyones extra attention to help you. 

You're get the CCJ set aside, then the PCN defended. Its common to see the Claimant drop the case right at the very last day. Prepare for the battle, knowing the advice on here will help you win, and the Claimant will in all likely discontinue a week before your day in court. 

Then I really hope you can make channel 5 pay. 

bbdnw1106

@Harvez63 I genuinely thought that once issued that was it for 6 years. 

I only managed to live with help from family, who know they can trust me to be guarantors and lend money up front for rent. Some people are not that lucky.

I am overwhelmed by all the help and support I have received on here so far and so grateful. I have always known this wasn’t fair or right but to hear it has given me the confidence I need to continue.

Just on hold to CCBC

Many thanks

Danielle

bbdnw1106

I have  spoken with CCBC and have all the dates the PCN and CCJ”s were issues and they are as follows;

CCJ 2

23rd Jan 2018

VCS issued PCN
CCJ issued 
31st Jan 2019

CCJ 3

09th Jan 2018

VCS issued PCN
CCJ issued 
21st Nov 2018

I moved out of that property in March 2018 and also had new car that month. 

i have also spoken with my estate agent at the time and they are looking into this for me and will hopefully send me a copy of my AST by email today.

Just finishing my witness statement now.

Many thanks 

Bookends

Did the production company who made the program ask you to sign a disclaimer form or some such allowing them to film you in your home?

1505grandad

I am sure you have enough on your plate but:-

Not forgetting of course that this gruesome saga all began because the DVLA insist that they can give private data of the public Willy-Nilly under "reasonable cause" because it is the "Law", causing untold misery to innocent people.

However, many many times those same "Willy-Nilly's" break the Code of Practice, the KADOE contract and indeed the Law  -  all of which must be complied with to allow the release of private data   -  yet no action is taken by the DVLA even though they have known for years the antics of these scammers.

As @B789 posted:-

" Have you written to your MP to complain about this. It also sounds like you could get a local paper interested in this story."

DVLA is a government agency so I would certainly let my MP know in no uncertain terms how this has caused you untold misery just because you parked lawfully on your own gated property.

bbdnw1106

@B789 I have just received an email from my previous estate agent with a copy of AST at the time. What am I looking for within this? 

Thanks in advance for your help with this ::) 

Update - Just read through and there is no mention of car parking as when I moved into the property, no permits were required. I had my own space allocated by apartment number. It was roughly 4 years into the tenancy that the management company started using VCS.

bbdnw1106

Please find my witness statement below.

Would it be possible to check this over for me please?

I feel like I am waffling in part 2, is that information needed? 

Do I attach this as a word doc to my N244 form and also if I don’t have to pay the fee then should I leave the reimbursement part out? Can I sign the N244 form online or does this need an actual signature? 

Thanks in advance for your help with this.

WITNESS STATEMENT OF DEFENDANT

1.         I am XXX  of XXX  I am the Defendant in this matter and I make this witness statement in support of my application to set aside the County Court Judgments (CCJ) entered against me on 21/11/2018 and 31/01/2019, in default due to a defective service of Claim.

2.      I was not aware of the claims made against me until I checked my credit file for the purpose of building my credit on 19th July 2023. This is when I found out the Claimant had obtained two default CCJ”s against me. I was looking forward to checking and building my credit as this year meant that 6 years had passed from a previous CCJ I had received from the same Claimant.I paid over £1,000 to DCBL for the same situation. I did not receive these letters due to staying with family after a traumatic birth. I returned home and by this point the judgment had been served, I called to offer a monthly payment plan asking for an expenditure form to no avail. DCBL bailiffs and camera crews were at my door the following day. This has been extremely detrimental to me and has had a huge impact on my life, for a situation where I was not in the wrong and was paying for my parking space within my rent. 

I wish to have the opportunity to defend the original CCJ properly as per CPR 13.3.

3.      The Claimant served the further two claims 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 12 months have passed since the PCN.

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

6.     The first PCN was given on 09th January 2018 and CCJ issued 21st November 2018 and the second PCN was given on 23rd January 2018 and CCJ raised 31st January 2019 which in both cases was 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.

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 21/11/2018 and 31/01/2019. I am aware that the Claimant is Vehicle Control Services and that the assumed claim is in respect of an unpaid Parking Charge Notice for not having a permit on display in my car parking space. A permit both myself and many other tenants did not receive.

9. CPR 6.9 stipulates that an "Individual" should be served at their "Usual or last known residence."  I had updated my new address with both my car insurance company and DVLA 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 multiple public sources, such as the, DVLA, HMRC. 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 attempted to take control and build my credit on 18th July 2023. This is a breach of CPR 13.2 (a) as the claim form was never served to my current address. Due to this, the judgment 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 XXX I moved from this address to another address at XXX in February 2018. In support of this, I have provided documentation showing my updated address on the assured tenancy agreement. I changed my car and also updated my address with the DVLA.

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 over 12 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.

15. I was parked in my own parking bay that I paid for within my rent at the timepoint of the PCN. Along with a number of other tenants I did not receive a parking permit and a note was put on the windscreen of my car to notify the attendant. Within weeks I had received three, I then spoke to my estate agent and management company who advised to ignore and shortly after we were told that they were no longer using Vehicle Control Services.

16. The vehicle that the claim refers to was sold in 2018, thus I have limited supporting documentation. The failure to send communication to me regarding the PCN has  meant that I have been unable to collect adequate evidence for the purpose of collating a defence, which has disadvantaged me in this matter. 

 

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, and I ask the Court to kindly consider the reimbursement of the fee of £275 from the claimant should this request be successful.

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."

CLAIM IS DEAD AS MORE THAN 4 MONTHS HAVE PASSED FROM THE ISSUE DATE OF PROCEEDING