Need advice with a CCJ letter

Coupon-mad

The one I linked does, so the OP should use that.

gdexr

EDIT: removed obsolete WS

Revised Witness Statment below, any feedback appreaciated!

gdexr

EDIT: removed obsolete WS

gdexr

And Draft Order updated:

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CLAIM NO: XXX

BETWEEN:

Highview Parking Limited (Claimant)

-- and --

XXX (Defendant)

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DRAFT ORDER

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IT IS ORDERED THAT:

UPON considering the application of the Defendant to set aside the Judgment by default entered on [date];

AND UPON reading the evidence in support of the application;

AND UPON the court taking note that the Claimant was not entitled to default judgment, having failed to serve on Defendant's usual residential address;

AND UPON the lack of compliant Particulars of Claim as per the recent persuasive case of CEL v Chan;

AND UPON more than 4 months having passed (CPR 7.5 refers) from issue of proceedings [date]

IT IS ORDERED:

1. The Judgment by default entered against the Defendant on [date] is hereby set aside.
2. The claim should also be struck out as for want of compliant Particulars of Claim, in view of the recent persuasive appeal case of CEL v Chan; another generic parking claim where the Particulars of Claim were equally defective.
3. The claim should be struck out as more than 4 months has passed from issue of proceedings [date].
4. Costs of the application be paid by the Claimant to the Defendant in the sum of £275.

---

Coupon-mad

You need to go through it for a sense check. You've copied stuff that makes no sense for your case, such as where you talk about the CEL v Chan case, you've copied 'this is the same Claimant'. It isn't.  Yours is Highview.

I didn't go through it all with a fine tooth comb - no time - so I suggest you do!

Also I'd remove para 8 (adds nothing IMHO) and replace it with some words to explain why CPR 13.2 applies and there was 'reason to believe' you were not at that address (copy from another case. There are half a dozen CCJ set aside cases linked in the NEWBIES thread).  

I'd also change this:

The Claimant had a duty to take reasonable steps to check for the correct address, BPA Approved Operator Scheme Code of Practice 24.1c and CPR 6.9, as more than 12 months have passed since the PCN on 22/10/2021.

to this:

The Claimant had a duty to take reasonable steps to check for the correct address.  This is a mandatory requirement of the CPRs as well as the BPA Approved Operator Scheme Code of Practice - clause 24.1c - see link to the BPA CoP 2020, which this Claimant has breached:

LINK IT


REMOVE:
"as more than 12 months have passed since the PCN on 22/10/2021." As that's irrelevant.

gdexr

EDIT: removed obsolete WS

Thanks for the feedback @Coupon-mad appreciate your help!!!

I've been very busy the past few days, but I'll try to get the application sorted this week. I proofread the entire WS again and decided to make a few changes as my previous attempt felt a bit lacking.

Some questions I have in this part:

1. Would it be better here to merge THE CLAIMANT FAILED TO SERVE THE CLAIM section into DEFAULT JUDGMENT as it just seems to extend it?
2. Shall I keep all examples inside PRELIMINARY MATTER: THE CLAIM SHOULD BE STRUCK OUT secions as they currently are?
3. Where do I get the exhibit file? I think I've seen something in the forum but cannot remember where and got lost.
4. Do I just link to this file via url or I attach it?

1505grandad

No doubt it will be sequentially numbered.

"Para  3  The claim form was not served at my current address, and I was therefore unaware of the Default County Court Judgment against me until I received a letter from Direct Collection Bailiffs Ltd dated 7th November 2023 to my current address."

Just checking if the atm para numbered 49 is still in WS  -  if so is the date in the above supposed to be the same?

"Para 49  I have responded to this matter as promptly as possible. I discovered a CCJ from a "NOTICE OF DEBT RECOVERY - Unpaid County Court Judgment" letter from Direct Collection Bailiffs Ltd. sent to my current address on the 9th of November 2023. I then contacted the County Court Business Centre to obtain relevant information relating to this default judgment. The following day on [DATE] I have submitted my case in order to set-aside this judgment and fairly present my case."

gdexr

Coupon-mad said:

You need to go through it for a sense check. You've copied stuff that makes no sense for your case, such as where you talk about the CEL v Chan case, you've copied 'this is the same Claimant'. It isn't.  Yours is Highview.

I didn't go through it all with a fine tooth comb - no time - so I suggest you do!

Yes, my bad, I should've reviewed each section on its own instead of copying stuff blindly, now fixed!

Coupon-mad said:
Also I'd remove para 8 (adds nothing IMHO) and replace it with some words to explain why CPR 13.2 applies and there was 'reason to believe' you were not at that address (copy from another case. There are half a dozen CCJ set aside cases linked in the NEWBIES thread). 

Got rid of it, I think I now have this covered in second section - THE CLAIMANT FAILED TO SERVE THE CLAIM. I'm guessing here the only "reason to believe" is the fact that I've lived at a new address for the past year and I was given no chance of defending it.

I'm not quite sure what else to copy/add, as I don't want to turn it into some nonsense.

gdexr

1505grandad said:

No doubt it will be sequentially numbered.

"Para  3  The claim form was not served at my current address, and I was therefore unaware of the Default County Court Judgment against me until I received a letter from Direct Collection Bailiffs Ltd dated 7th November 2023 to my current address."

Just checking if the atm para numbered 49 is still in WS  -  if so is the date in the above supposed to be the same?

"Para 49  I have responded to this matter as promptly as possible. I discovered a CCJ from a "NOTICE OF DEBT RECOVERY - Unpaid County Court Judgment" letter from Direct Collection Bailiffs Ltd. sent to my current address on the 9th of November 2023. I then contacted the County Court Business Centre to obtain relevant information relating to this default judgment. The following day on [DATE] I have submitted my case in order to set-aside this judgment and fairly present my case."

Ah, good catch - para 3 you refer to here must be 9th of November! I would tripple check all dates before sending! I'll reindex the document above now.

Coupon-mad

You did remove the entire irrelevant section that 'the claim is dead / 4 months has passed since the claim was filed'?  Obviously that's not the case for you just yet, as the claim was dated around late August (as the dates suggest).

I think your WS should explain what happened with a timeline of events:

1. (20/11/2021) New car ( Car B ) bought
2. Late November (unknown to me) a PCN was issued - nothing on windscreen - re the old car (Car A)
3. (30/11/2021) Moved out from Address A to B.  Changed driving licence address promptly with DVLA.
   
4. (01/12/2021) Changed Car A for Car B which was also immediately registered with DVLA (address B ).
   
5. (Summer 2022) Two letters from DCBL arrived re Car A. Appeared to be a scam. Heard nothing more.
6. (01/12/2022) Moved out from Address B to C. Updated driving licence, bank, utilities, V5C for Car B.
7. (August? 2023, unknown to me) Claimant sent a claim to my old address B.
8. (21/09/2023, unknown to me) CCJ issued to Address B
   
9. (07/11/2023) Letter from DCB Ltd - who easily traced Address C - and I first learned about CCJ.
10. (13/11/2023) Rang CNBC because the DCB letter told me nothing, not even the Claimant's name or any details.  Copy of POC obtained; learned it's a Highview Parking Claim relating to Car A in 2021.

Shall I keep all examples inside PRELIMINARY MATTER: THE CLAIM SHOULD BE STRUCK OUT sections as they currently are?

Yes.  Headings are not set in stone so merge sections as well, if it flows better.  You can also merge the transcripts of those strike out judgments or use @Fruitcake 's single version (below):
https://www.dropbox.com/scl/fo/gl0tt6pc65xnnvtq2e6g8/h?rlkey=ovz1j9xud64vzhqxx0fh2a8im&dl=0

BUT NOT AS URLs, your pieces of evidence are all to be attached as PDFs with your application.

All exhibits can be finally merged and compressed into ONE PDF.

Don't know what you mean by 'Exhibit file'?  You are creating a PDF file of exhibits as seen in recent CCJ cases. 
It's your file.