CCJ set aside. Next steps?

sfkm15

So, step-son has moved house several times in the last few years. Discovered a CCJ (UK Car Park Management) on his credit record about which he knew nothing (well, Debt Recovery Plus letters had arrived while at one address but nothing about court action). Successfully had this set aside on that basis, but this was all done without a hearing, and the next steps are confusing us.

The court letter re set aside basically just said 'now submit your defence', but since he had seen neither PCNs (there are two) nor Letter Before Action there was nothing really to defend (except perhaps failure of proper service). To be honest, I was expecting something more along the lines of being set back to the point of Letter Before Action, because how are we supposed to defend against a claim without knowing any of the details?

Up against a deadline we wrote to the court along those lines pointing out lack of any correspondence from the claimant, no PCN, no notice to keeper, etc (making no addmission as to whoe was driving) and asking for the requisite information:  'The Defendant therefore asks that the Claimant is required either to cancel the PCN or to file particulars which include at least the following information:' etc. etc.

Solicitors have now returned with evidence pack and response which contains useful admissions. They are relying on POFA 2012 for keeper liability, but now we have seen PCNs the timescales (38 days and 33 days) are well outside of the requirement for keeper liability [so blatantly outside that I wonder - can they blame DVLA slow response? - lot of noise about that in lockdown and aftermath]. They also devote several paragraphs to 'proper service', claiming not to have been able to find alternative address (Experian gets a mention). Seems to me fatally undermined by the fact that Debt Recovery Plus had managed to find an up to date address, two months before the solicitors served everything to an old address.

Question is, what next? Was planning to write to solicitors pointing out deficiencies in their case, hoping they might back off. But can we make further representations to the court in the light of finally having all the information? Our first letter doesn't really stand as a defence as we knew none of this at the time. There is now a January court date and step son doesn't really want to get that far.

Le_Kirk

Was there no instruction to the claimant to "file and serve proper particulars of claim" (POC) as well as your s/s filing a defence?  If you/your s/s does not know what the POC are, search the forum for similar cases using search terms "sparse particulars" without the quote marks, change "Best Match" to "Newest" when searching.  After reading some other cases, compile the defence using those examples and the standard defence template.  What is the deadline for submitting the defence?  Don't miss it!

B789

As the hearing date is not until January, you probably have plenty of time to gather the information you need. You can call the CNBC and ask them to email you a copy of the PoC. You can SAR UKCPM for all other correspondence.

The defence template is standard and there are plenty of WS you adapt.

Show us the order from the court when they set aside the CCJ. Which solicitors are they using?

Coupon-mad

Question is, what next? Was planning to write to solicitors pointing out deficiencies in their case, hoping they might back off. 

Nononono!

You are in a court process with the ball in the Defendant's court right now, if the Defendant STILL hasn't filed & served a defence.

Unless I've misunderstood, the Defendant is already in breach of the court Order by failing to submit a defence as ordered.

My goodness - the Defendant must do it now!

Easy peasy.

That's what the Template Defence thread is for but obviously he (assuming the D is your step-son, not you the registered keeper?) doesn't send it to the CCBC in Northampton.

 I was expecting something more along the lines of being set back to the point of Letter Before Action, 

That is never going to happen. This is already in a strict court process.  Your step-son can almost certainly win his case and has no need to feel scared by the hearing but he MUST fiile & serve a defence right now.

sfkm15

Thanks for the various replies. For avoidance of doubt, yes step-son has responded to court with required timescale, Whether that stands as an adequate defence is another question.

To recap. CCJ issued without his knowledge (having moved house) and therefore not knowing any details of claim against him.

CCJ set aside (form N244) on that basis.

Court response:

1) The judgment in this matter is set aside under CPR 13.2, upon the court deciding the application on paper for reasons of proportionality

2) The defendent shall send to the Court and the Claimant a typed defence to the claim by [18 days after receipt]

But defence to what? Still no details of actual claim against him. We have now got details out of Gladstones, but not within 18 days, so had to make some submission to the court. [Let's not go into that. Possibly a bad mistake. Question is, is there anything we can do now?]

Gladstones have now provided evidence pack and responded to 'defence'. As I say, useful admissions re POFA 2012 and date of 'service' which do make good grounds for defence but not known to us wihin the specified timescale.

Specific question is, can we make further submission to the court on the basis of new evidence?

KeithP

sfkm15 said:

Specific question is, can we make further submission to the court on the basis of new evidence?

Yes. You will need to file and serve a Witness Statement and evidence.
Now that you have seen the Claimant's submission, it should be easy to rebut their claim.

Do you have a date for a hearing?
Do you have a deadline for filing a Witness Statement?

Coupon-mad

Thanks for the various replies. For avoidance of doubt, yes step-son has responded to court with required timescale, Whether that stands as an adequate defence is another question.

No it doesn't because he has submitted nothing signed & dated under a statement of truth. HE REMAINS IN BREACH.

Just email a defence against the PCN THIS WEEK. Now.  He states in the covering email to the local court & Gladstones that it could inly be done after seeing the detailed particulars from Gladstones.

Pretty much half the defences here talk about a day the person knows nothing about.  Perfectly normal and VERY EASY - search the forum for:
 
 unremarkable day defence

...and change the results to NEWEST.

We had two only yesterday.