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DCB Legal Ltd Claim Form delayed in mail redirection abroad

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Comments

  • Coupon-mad
    Coupon-mad Posts: 153,175 Forumite
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    edited 8 September 2023 at 5:19PM
    I was merely adding words to your sentence.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • neilflah
    neilflah Posts: 123 Forumite
    100 Posts First Anniversary
    ok thanks B789 and Coupon-mad, here's what I hope is the final version:

    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. The grounds for defence are inadequate signage.  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 £108 as reimbursement for the set aside fee.

    DEFAULT JUDGMENT

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

    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.  The grounds for defence are inadequate signage and the decision by this Claimant (a commercial decision that continued for a decade) not to use the only 'keeper liability' law under which they might have been able to pursue me as registered keeper, in the absence of any evidence as to who was driving.  I contest this charge because Highview Parking Limited/Group Nexus did not comply with the POFA 2012 (they didn’t bother with the Schedule 4 paragraph 9 statutory wording about 'keeper liability' for a decade, until this Summer for the first time).  Yet this Claimant is trying to impose this charge on the registered keeper who knows nothing about the parking event.  Keeper liability is legally impossible outwith the requirements of Schedule 4 PoFA 2012 and nor can a keeper be presumed to have been driving.  If it was that simple there would have been no need for Schedule 4, which is not about assumption, instead it sets a statutory framework for keeper liability which Group Nexus have never used.  There is no evidence in this case as to who was driving, and being a retail park and several years ago, it is in fact far more likely that the driver was the Defendant's wife because the Defendant was likely at work and his wife often took the car for food shopping.  The Defendant’s wife resides in Poland since 27th July 2023.    

    Furthermore, I contest this charge on the grounds of jurisdiction.  I emigrated to Poland on 02/08/2023 to join 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. I further contest this charge as 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 do so 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 attach 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.  I also attach evidence from Royal Mail that our redirection service has suffered from delays.


    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 judgment but received an automated telephone response of very long wait times.

    4.3 On 8th September 2023 I submitted my case in order to set-aside this judgment 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.  Furthermore, the claimant is in breach of PoFA 2012 compliance.

    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 £108 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 £108 from the claimant should this request be successful.

     

    10.  In summary, I ask that the CCJ be set aside, and the claim dismissed, under Civil 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.

     

    11.  As I now reside in Poland, I request a video/phone-call hearing to mitigate the costs involved in defending this claim, should it still stand.  It will cost me in excess of an estimated £750 with return flights and hotel costs to attend a hearing in person in the UK.   

     

     

    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:
    HIGHVIEW PARKING 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/23 paragraph 1.2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £108 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 £108
    5. All enforcement be put on hold pending the outcome of the application.

  • Coupon-mad
    Coupon-mad Posts: 153,175 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    You didn't add what I suggested to your sentence.  It starts with your words.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • neilflah
    neilflah Posts: 123 Forumite
    100 Posts First Anniversary
    it's in here:  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.  The grounds for defence are inadequate signage and the decision by this Claimant (a commercial decision that continued for a decade) not to use the only 'keeper liability' law under which they might have been able to pursue me as registered keeper, in the absence of any evidence as to who was driving.  I contest this charge because Highview Parking Limited/Group Nexus did not comply with the POFA 2012 (they didn’t bother with the Schedule 4 paragraph 9 statutory wording about 'keeper liability' for a decade, until this Summer for the first time).  Yet this Claimant is trying to impose this charge on the registered keeper who knows nothing about the parking event.  Keeper liability is legally impossible outwith the requirements of Schedule 4 PoFA 2012 and nor can a keeper be presumed to have been driving.  If it was that simple there would have been no need for Schedule 4, which is not about assumption, instead it sets a statutory framework for keeper liability which Group Nexus have never used.  There is no evidence in this case as to who was driving, and being a retail park and several years ago, it is in fact far more likely that the driver was the Defendant's wife because the Defendant was likely at work and his wife often took the car for food shopping.  The Defendant’s wife resides in Poland since 27th July 2023.    
  • Coupon-mad
    Coupon-mad Posts: 153,175 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Ah yes, sorry I clearly wasn't concentrating! 
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Le_Kirk
    Le_Kirk Posts: 24,729 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 10 September 2023 at 9:42AM
    Check your grammar/spelling.  It is not a alleged offence maybe alleged event is a better phrase.  You have not wilfully submitted but maybe willingly submitted.  Unless you have already corrected them in later versions - I picked it up in your first version.
  • Thanks Le-Kirk,

    These have been amended in the last posted version.  Quick question to all, how do I attach files (evidence) on MCOL?
  • I've also edited the DRAFT ORDER to read:

    DRAFT ORDER
    ______________________________________________

    IT IS ORDERED THAT:
    1. The default judgment dated on 29/08/2023 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/23 the Claimant shall pay the Defendant's costs summarily assessed at £108 and the claim shall be struck out.
    4. Should the Claimant discontinue the Claim after the CCJ is set aside, the Claimant shall pay the Defendant's costs summarily assessed at £108
    5. All enforcement be put on hold pending the outcome of the application.
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 11 September 2023 at 8:52PM
    neilflah said:
    Quick question to all, how do I attach files (evidence) on MCOL?
    Has anyone suggested you should be using MCOL?

    I have not read back, but with a set aside, aren't you dealing directly with a hearing court?

    Even if you are dealing with the CNBC, then using MCOL to file stuff is not appropriate.
  • Hi KeithP,

    I'm dealing with CCBC Northampton.  I thought all of this was to be submitted digitally on money claim.gov.uk?  If not how am I contacting the court?
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