Unexpected CCJ - Recovery of Debt letter from DCBL

fair2everyone

We have rewritten the N244 entries and would appreciate any comments suggesting further improvements.  The intention is to type the DRAFT ORDER in Box 10 followed by a comment saying Witness Statement attached separately.

Box 3

An order that the judgment in default is set aside pursuant to CPR 13.2, alternatively CPR13.3, and the defendant be allowed to file a defence in the case. The defendant only discovered the judgment when they received a letter from Direct Collections Bailiff Limited (DCBL) on 18/11/2023


Box 10

IN THE DONCASTER COUNTY COURT

Claim No. XXXXXXX

BETWEEN:

EXCEL PARKING SERVICES LTD

Claimant

– and –

Defendant

XXXXXXX

_________________________________

DRAFT ORDER
_________________________________


Upon reading the defendant’s application dated ………………

It is ordered that:

1. The judgment by default against the defendant on 12th October 2023 is set aside.

2. The Claimant do pay the Defendant’s costs of this application (£275)

3. Unless the Claimant serves a copy of the Claim Form on the Defendant by 4pm on [insert date] the claim will be struck out without further order.

4. If the Claimant serves the claim form as directed in paragraph 3 the Defendant shall file and serve a defence by 4pm on [insert date]

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

6. Should the court reserve costs in the case as an alternative to paragraph 2, such costs of this application will become payable if the claimant discontinues its claim.





IN THE DONCASTER COUNTY COURT

Claim No. XXXXXX

BETWEEN:

EXCEL PARKING SERVICES LTD

Claimant

– and –

Defendant

XXXXXXXX

_________________________________

WITNESS STATEMENT OF XXXXXXXXX
_________________________________

I , XXXXXXXX being the Defendant in this case will state as follows;

1. I make this Witness Statement in support of the application for an order that the judgment in this case (Claim No. XXXXXXX Default Judgment dated XXXXXXX) be set aside.

2. I first learnt of the existence of this claim on the 18/11/2023 when I received a letter regarding a NOTICE OF DEBT RECOVERY from Direct Collection Bailiffs Limited requesting payment of the judgment detailed in paragraph 1. [EXHIBIT A]

3. My address changed in November 2019 and I spent time staying at my parents’/in-laws’ address (and a redirection service was in place for 6 months) until my newly built house was ready and I moved in on 10/07/2020 [EXHIBIT B]

4. Once settled at my current address, I contacted various companies to update my address e.g. Bank, Mortgage provider, Driving Licence [EXHIBIT C]

5. On 19/11/2023, I used the TRUSTONLINE website to check for any CCJs and discovered one had been issued to my previous (permanent) address at the Civil National Business Centre on 12/10/2023. 

6. On 20/11/2023 I telephoned the Civil National Business Centre to obtained details about the case. Initially they told me it was for a parking offence on 26/04/2023 whilst parking at Berkley Centre Car Park in Sheffield.

7. I was advised to phone again and request that the Particulars of Claim be emailed to me. I had to telephone 3 times (21/11/2023; 24/11/2023; 30/11/2023) After the call on 30/11/2023 I received the relevant email. [EXHIBIT D]

8. On XX December 2023, I submitted my case in order to set-aside this default judgment.

9. I believe the Claimant has behaved unreasonably in pursuing a claim against me without ensuring they held my correct contact details at the time of the claim. I was therefore denied the opportunity to defend the claim.

10. I believe the Claimant has not adhered to CPR 13.2, or alternatively CPR 13.3. If the court decides CPR13.2 is satisfied, then I believe the Claimant is at fault and therefore the judgment must be set aside. If not, then I believe CPR 13.3 should apply, as I did not receive any paperwork, including court paperwork, to my correct address. I was there to be found, had the Claimant performed a relatively easy, inexpensive trace which would have allowed me to defend this case. I mention the fact that the debt recovery company managed to find me in a matter of days. I have acted promptly to obtain enough information to be able to submit this application.

11. I therefore respectfully request that the Court sets aside the judgment in this claim and, if required, allows a period of time for me to submit my full defence.

Statement of Truth

I, XXXXXXXXX, the Defendant, believe the facts stated within this Witness Statement to be true. I understand that proceedings for contempt of court may be brought against a person 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.

Signed: ________________________________

Dated: ________________________________

Coupon-mad

You don't need and can't fit headings in box 10.  You probably won't fit all that in box 10 anyway which is why our advice says attach it as a separate Word doc for the Judge to add the dates to, and make use of to create an actual Order.

You are attaching evidence with your WS that you were 'there to be found' after moving?  That's important. Utility bills, council tax, driving licence and bank statement showing the new address proves that a 28 pence CRA soft trace would have found you.

Typo, no such word:

'hearby'

fair2everyone

Coupon-mad said:

You don't need and can't fit headings in box 10.  You probably won't fit all that in box 10 anyway which is why our advice says attach it as a separate Word doc for the Judge to add the dates to, and make use of to create an actual Order.

You are attaching evidence with your WS that you were 'there to be found' after moving?  That's important. Utility bills, council tax, driving licence and bank statement showing the new address proves that a 28 pence CRA soft trace would have found you.

Typo, no such word:

'hearby'

Of course, that makes sense now - thank you - so in Box 10 simply say 'Please find a Draft Order and Witness Statement attached separately'?  Yes, he will attach all those things - he doesn't have a scanner so will photos taken by his phone be acceptable or is a scanner preferable?  And we'll remove 'hearby'.  Many thanks.

1505grandad

Another typo  -  "An order that the judg(e)ment in default is set aside 

fair2everyone

10. I believe the Claimant has not adhered to CPR 13.2, or alternatively CPR 13.3. If the court decides CPR13.2 is satisfied, then I believe the Claimant is at fault and therefore the judgment must be set aside. If not, then I believe CPR 13.3 should apply, as I did not receive any paperwork, including court paperwork, to my correct address. I was there to be found, had the Claimant performed a relatively easy, inexpensive trace which would have allowed me to defend this case. I mention the fact that the debt recovery company managed to find me in a matter of days. I have acted promptly to obtain enough information to be able to submit this application.

11. I therefore respectfully request that the Court sets aside the judgment in this claim and if required, allows a period of time for me to submit my full defence.

I have editted my previous post above to make the corrections suggested -  but we are thinking about re-wording the bit in bold as follows:

Had the Claimant performed a relatively easy, inexpensive soft trace before sending this ,matter to the court, then I would have been notified of the impending judgment, which would have allowed me to take action to prevent it.

Any thoughts? 

Coupon-mad

Yes that's very good. You might want to read the DLUHC's Summer draft Impact Assessment, in which it says Excel Parking Services provided them with the fact that doing a CRA bulk trace (fee as low as 28p) costs a parking firm no more than £1.50.

That's worth knowing (in case a Judge assumes as they tend to "all this costs money") and the table at the bottom of the IA shows the £1.50 info came from Excel.

fair2everyone

Thank you. We will certainly do that.  

fair2everyone

My son will need to send a covering letter to the court to request avoidance of certain dates due to work commitments - does he need to copy that to Excel along with the other attachments or can he omit that from their bundle?

Coupon-mad

Include a downloaded N180 form with the bundle. That is the place to list unavailable weeks in the first few months of 2024 (cross off whole weeks, if in doubt).

He doesn't have to copy the C into a N244 application.

And are you aware of this Justice Committee Inquiry that I think will interest anyone who has had to face the hurdles involved in a CCJ set aside case from a rogue parking firm:

https://forums.moneysavingexpert.com/discussion/comment/80417494/#Comment_80417494

Closes in just over a week.

Those with CCJ evidence are encouraged to show your paperwork and tell the Committee that parking 'charges' should never cause this level of consumer harm.

Change is happening.  PLEASE TAKE PART

fair2everyone

Once again - thank you.  We'll look at the N180 tonight.  I thought I had been advised to send everything to the Claimant that he sends to CNBC - although the N244 does state in 9. Who should be served with this application - we've only put the PPC, (i.e. not ELMS Legal) so presumably the court send all the attachments to the claimant anyway?

And absolutely - I will look at the Inquiry link tomorrow for sure.