DCB Legal Ltd Claim Form delayed in mail redirection abroad

Coupon-mad

neilflah said:

This is copied and pasted and amended from there Coupon-mad.

I do not recognise it.  Which thread?

neilflah

this one:  

123MrsT Posts: 37  

 Forumite 

1 May 2020 at 12:00AM

neilflah

Hi All,

I believe I've now discovered the most recent threads relating to CCJ set-asides, yet I don't see one with an actual jurisdiction case like mine (or partially like mine).  Here is what I'm planning on sending, your feedback is greatly appreciated:

WITNESS STATEMENT

I am XXXX and I am the defendant in this matter. This is my supporting statement to my application dated 7th September 2023 requesting to:

a. Set aside the default judgment dated 29th August 2023 as the Claim Form was not properly served at my current address thus not allowing me sufficient time to respond and defend myself.  The claim should be set aside as there is a good prospect of the defendant being able to defend the claim. However, as jurisdiction is disputed, there should be no claim to defend.

b. Order for the original claim to be dismissed.

c. Order for the claimant to pay the defendant £275 as reimbursement for the set aside fee.

DEFAULT JUDGMENT

1.  I was the registered keeper of the vehicle at the time of the alleged offence.

2.  I understand that the Claimant obtained a Default Judgment against me as the Defendant on 29th August 2023. I am aware that the Claimant is Highview Parking Limited, and that the assumed claim is in respect of an unpaid Parking Charge Notice from 12th September 2019.  I contest this charge on the grounds of jurisdiction.  I emigrated to Poland on 02/08/2023 with my Polish spouse and children and did not receive the Claim Form in redirected mail until 30th August 2023.  The claim form has an issue date of 04/08/2023.

3. The claim form was not served at my current address and I thus was not aware of the Default Judgment until 30th August 2023 in a batch of received mail from Royal Mail redirection service which has been active since 27th July 2023.  With a good chance of being able to defend myself I have been unable to as the claim form was served to the wrong address and was subsequently delayed in reaching my new address in Poland.  This has unfairly resulted in a CCJ being lodged against my name.

The address on the claim is XXXX. I moved to my current address at XXXX on the 2nd August 2023.  In support of this I can provide a scanned copy of our Polish apartment rental agreement in my Polish wife’s name, alongside confirmation of Royal Mail redirection service in both of our names.

4. 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;

4.1 I discovered a CCJ was lodged onto my credit file on the 30th August 2023.

4.2 On 31st August 2023 I attempted to contact the County Court Business Centre to obtain relevant information relating to this default judgement but received an automated telephone response of very long wait times.

4.3 On 7th September 2023 I willingly submitted my case in order to set-aside this judgement and fairly present my case.

5. I believe the Claimant has behaved unreasonably in pursuing a claim against me without ensuring they held the Defendant’s correct contact details at the time of the claim.

6. On that basis, I believe the Claimant has not adhered to CPR 6.9 (3) where they had failed to show due diligence in using an address that the Defendant no longer resides. The claimant did not take reasonable steps to ascertain the address of my current residence. This has led to the claim being incorrectly served to an old address and an irregular judgment.

7. According to publicly available information my circumstances are far from being unique. The industry’s persistent failure to use correct and current addresses results is an unnecessary burden for individuals and the justice system across the country.

Furthermore, former Prime Minister May publicly pledged to investigate ‘abuse’ of the CCJ System and so called ‘Credit Clamping’ as reported in the Daily Mail article dated 12 September 2016. The Right Honourable Sir Oliver Heald on 23 December 2016 "announced a crackdown on unresolved debts which can damage people’s credit ratings without them knowing. The action comes after concerns were raised that companies were issuing claims to consumers using incorrect addresses."

The Minister added "It cannot be right that people who are unaware of debts can see their lives and finances ruined by county court judgments. That in the digital age, we must ensure companies pursuing unpaid debts make every reasonable effort to contact individuals, rather than simply relying on a letter to an old address.” Furtherance to points raised in 1.3 above.

8. 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.

 

9. Considering the above I also believe the claim lacks jurisdiction and is therefore invalid making the Default Judgment against me incorrectly issued 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.

 

10.  In summary, I ask that the CCJ be set aside, and the claim dismissed, under Court Procedure Rules 13.2 and 13.3.

 

13.2 The court must set aside(GL) a judgment entered under Part 12 if judgment was wrongly entered because–

(a) in the case of a judgment in default of an acknowledgment of service, any of the conditions in rule 12.3(1) and 12.3(3) was not satisfied;

(b) in the case of a judgment in default of a defence, any of the conditions in rule 12.3(2) and 12.3(3) was not satisfied; or

(c) the whole of the claim was satisfied before judgment was entered.

 

13.3

(1) In any other case, the court may set aside(GL) or vary a judgment entered under Part 12 if –

(a) the defendant has a real prospect of successfully defending the claim; or

(b) it appears to the court that there is some other good reason why –

(i) the judgment should be set aside or varied; or

(ii) the defendant should be allowed to defend the claim.

(2) In considering whether to set aside(GL) or vary a judgment entered under Part 12, the matters to which the court must have regard include whether the person seeking to set aside the judgment made an application to do so promptly.

 

 

Statement of Truth:
I 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.

DRAFT ORDER
CLAIM No: XXX
BETWEEN:
CIVIL ENFORCEMENT LIMITED (Claimant)
-- and --
XXX (Defendant)
______________________________________________
DRAFT ORDER
______________________________________________

IT IS ORDERED THAT:
1. The default judgment dated on XXX be set aside.
2. Costs to be reserved.
3. Unless the Claimant serves a copy of the claim form on the Defendant by 4pm on XX/XX/22 paragraph 1.2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £275 and the claim shall be struck out.
4. Should the Claimant discontinue the Claim after the CCJ is set aside, paragraph 1.2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £275

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

Umkomaas

I am aware that the Claimant is Highview Parking Limited

CIVIL ENFORCEMENT LIMITED (Claimant)

You need to sort out this conflict!

1505grandad

DRAFT ORDER
CLAIM No: XXX
BETWEEN:
CIVIL ENFORCEMENT LIMITED (Claimant)

Please make sure you adapt templates for your HIGHVIEW case.

Also still some erroneous middle "e" present where "Judgment" stated 

Coupon-mad

The address on the claim is XXXX. I moved to my current address at XXXX on the 2nd August 2023.  In support of this I can provide a scanned copy of our Polish apartment rental agreement in my Polish wife’s name, alongside confirmation of Royal Mail redirection service in both of our names.

You need to attach your address evidence with the N244 and WS.

You also need to know the basis of your defence against the PCN itself.  You need to demonstrate good prospects of success if allowed back to a stage where you can defend.

What is your defence?  Inadequate signs? Failed payment machine?

You can't just say vaguely that "Considering the above I also believe the claim lacks jurisdiction and is therefore invalid making the Default Judgment against me incorrectly issued".  A Judge might refuse to set aside if they don't see some semblance of reasonable prospects of a successful defence.

Also why not pay £108 and tick for an Order 'without a hearing' because if you live in Poland the last thing you want is an in-person hearing as well as shelling out £275.

Obviously, if you do it that way you must edit your Draft Order to say 'reimburse £108' (not £275).

neilflah

Hi Coupon-mad,

I overstayed in a retail carpark by a couple of hours, ANPR Cameras, let's say inadequate signage is the basis of the PCN defence.

Where can I find more info on the 'without a hearing' route?  Happy to do this but are there any downsides to it?  I was presuming any reasonable judge would dismiss the claim and set aside the CCJ on the basis of jurisdiction (as I was advised here previously) and/or improper service of the claim form to the wrong address (also advised here).

Coupon-mad

The Judge might. But they might not.

With or without a hearing is just a tick box on the N244.

Your choice but I am giving you the options.  Alternatively you could make it VERY clear in your N244 that you need a video or phone hearing to save on flight costs. State how much it will cost and say you are keen to mitigate costs to resolve the matter and move forward to defend the claim due to inadequate signage but attending in person would be expensive.

neilflah

What I'm confused about is why others haven't selected 'without a hearing', am I the first person here in this left-the-country situation?

Coupon-mad

Yes it's unusual.