Please help to set aside CCJ in the UK

danojs7

Hello everyone. I would like to request some assistance in setting aside my first CCJ. This is something I have only discovered recently by chance during a credit check. I received the original PCN whilst living at my first address as well as some reminders but never the court claim or judgement as I have moved address twice. If I had known that things had escalated to a court claim I would have settled things immediately as it is the effect to my credit rating which is most damaging.

The last week has been filled with anxiety and after much frantic researching I have decided write to the claimant for a consent to set aside and prepare for submitting my N244.

I have read the NEWBIES thread at length and many other posts but I feel I need further clarity from the people on this forum. All help is much appreciated.

Here are the sequence of events:

1. June 2020 - parked at Euro Car Parks and overstayed by perhaps 5-10 minutes.

2. Received original PCN whilst living at my first address (property I own). Can't remember the exact dates. Was then sent a few reminders but did not respond.

3.October 2020 - sold my vehicle by part exchange to purchase a new vehicle

4. 2021 - received more reminders about my PCN and some letters from the debt collectors. Did not respond. I can't seem to find any old copies so unaware of exact dates.

5. March 2023 - relocated to different city to live with my partner and started renting out my property via an estate agent. Immediately changed my address on various correspondence including banks and driving license. However I did NOT change my V5C (was unaware I needed to do this!). 

6.October 2023 - moved again with my partner into my now current address that I have recently purchased via mortgage. I still have access to the previous address (belonging to my partner) however the first address (where I had PCN sent to) is managed by my estate agent and the tenant has not informed me of any post addressed to me. I have made enquiries into this but still not heard a response. I also did not set up any mail redirection service (stupid!).

7. End of December 2023 - Decided to do a credit check with Experian as my application to buy something on finance was rejected. Found out I had a CCJ on my file. Great way to end the year! 

8. Early January 2023 - Contacted the Courts promptly after the holidays to obtain further information about my claim. Discovered my CCJ was issued over 2 months ago (dated after I had moved house the 2nd time). Apparently I was sent notices in July and August. Things have been a bit of a roller coaster since and I have trying to gather as much information as possible.

9. A few days later realised that it was worth writing to Euro Car Parks for a consent to set aside my CCJ . I wanted to ask advice from this thread but it took time to join. So I decided be prompt and send this as soon as possible.

I can post a copy if needed but essentially I stated:
-I have not resided in the first address for some time and therefore did not receive any letters they may have sent, and thus had no knowledge about the claim. I therefore was unable to mount a defence.
-stating the dates I had changed address
-a simple credit check clearly shows connections with various banks, and mortgage applications, all of which were updated when I changed address. (I applied for a mortgage in May 2023)
-stating they have failed to take reasonable steps to ascertain the address of my current residence
-on that basis Euro Car Parks have not adhered to CPR 6.9 (3). Given that CPR 6.9 (3) was not met, CPR 13.3 applies and the CCJ should be set aside. (Is this correct!?)
-asking for a response within 7 days.

I did not state anything about updating my driving license because I did not update my V5C but feel I should have done!

10. They have now responded to my consent to set aside and did not accept it.

"The Parking Charge Notice (PCN) has been sent to the address of the registered keeper of the vehicle at the time that the PCN was issued. This address has been provided by the DVLA and it is your responsibility to keep the DVLA updated with your current address so that you can be contacted there. It is also your responsibility to make arrangements to receive your post if you do not have access to your registered address.

Please be advised that we are unable to accept your correspondence as this parking charge notice has now been passed to Legal-ZZPS.

Please contact ZZPS with regards to payment on - see below

XXXXX
All/any communication must now be with ZZPS"

Should I respond stating I changed my driving license details and therefore the DVLA?

11. From what I understand I now need to file a N244 including a witness statement and a draft order. I know we should keep this simple and to the point. Is this correct?

I am following what @he@henrik777 has laid out here. 
https://forums.moneysavingexpert.com/discussion/comment/76473858#Comment_76473858

I understand that I will then need draft a defence in the form of a written/skeleton submission if it gets accepted. This is going to take a lot of work and is quite a daunting idea for me at the moment.

Do I have hope here guys? Even without putting a mail redirecting service in place and not changing my V5C. Please tell me I have a leg to stand on.

What happens if this whole thing is a success once the judgment is put aside. Will the claimant still ask for the original PCN/debt to be paid?

Desperate for people's advice. Please guide me through this difficult time!

Johnersh

The v5C is likely irrelevant here. The drivers details were looked up in 2020. They cannot resubmit requests to the DVLA, so their failure is to hunt you down is by means of credit references (they'd not be able to reapply even if the v5C had been updated). I wouldn't volunteer that the v5C was ever out of date, unless directly asked.

Be bolder. Noone made them wait 3 years to bring proceedings. They could have done that within weeks if they wanted. You wouldn't have moved by then.

It takes seconds from the comfort of your PC to do a credit search. The o/p would've been easily traceable because of mortgages, landlord deposit schemes etc etc. And they could have applied and served you by Facebook, insta or X if you were locateable there. All of those are preferable to simply sending docs to an old address.

In fact, For less than the £70 debt recovery fee they now charge, they could've got an enquiry agent to search for you (and claimed that as a disbursement). They can't have their cake and eat it, charging debt chase fees when taking no steps to locate the o/p.

The fact is, that it suits them to rely on a solitary address and if you've moved to get a default judgment. The rules provide for default judgment but don't absolve the claimant from first taking reasonable searches. Read them.

The address of the vehicle is not confirmation of a service address for legal proceedings some 3 years later. That's just gaslighting. Indeed with unanswered post, the claimant might be thought to have reason to believe the address had ceased to be current. That imposes an obligation to look.

Coupon-mad

What happens if this whole thing is a success once the judgment is put aside. Will the claimant still ask for the original PCN/debt to be paid?

Possibly, but you don't pay it!  Worst case is a second hearing re the PCN.  You'd likely win that too.

More likely, they will pragmatically discontinue the PCN after you succeed.  As you will see from the half a dozen successful CCJ set aside examples linked in the NEWBIES thread.

danojs7

Johnersh said:

The v5C is likely irrelevant here. The drivers details were looked up in 2020. They cannot resubmit requests to the DVLA, so their failure is to hunt you down is by means of credit references (they'd not be able to reapply even if the v5C had been updated). I wouldn't volunteer that the v5C was ever out of date, unless directly asked.

Be bolder. Noone made them wait 3 years to bring proceedings. They could have done that within weeks if they wanted. You wouldn't have moved by then.

It takes seconds from the comfort of your PC to do a credit search. The o/p would've been easily traceable because of mortgages, landlord deposit schemes etc etc. And they could have applied and served you by Facebook, insta or X if you were locateable there. All of those are preferable to simply sending docs to an old address.

In fact, For less than the £70 debt recovery fee they now charge, they could've got an enquiry agent to search for you (and claimed that as a disbursement). They can't have their cake and eat it, charging debt chase fees when taking no steps to locate the o/p.

The fact is, that it suits them to rely on a solitary address and if you've moved to get a default judgment. The rules provide for default judgment but don't absolve the claimant from first taking reasonable searches. Read them.

The address of the vehicle is not confirmation of a service address for legal proceedings some 3 years later. That's just gaslighting. Indeed with unanswered post, the claimant might be thought to have reason to believe the address had ceased to be current. That imposes an obligation to look.

Thank you so much. This is reassuring.

I am currently filling in my N244 and drafting my witness statement. Do I also need to send a draft order and a draft defence with this? Do I include evidence? (Experian check, bank statements/bills etc)

Using your advice from this thread:
https://forums.moneysavingexpert.com/discussion/comment/77715639/#Comment_77715639
You state for completeness, there needs to a be a section which at least flags that the claim is defensible and why. Can I ask what you mean by this?
I don't know whether this actually refers to the PCN being served to me as I'm not sure how I can defend this. I also received the original PCN at my first address and chose to ignore this! What bearing does this have on my case?

I've looked at so many templates but I believe this here from @henrik777 would work:
https://forums.moneysavingexpert.com/discussion/comment/76473858#Comment_76473858

For clarity am I setting aside the judgement with CPR 13.2 or is it CPR 13.3? It's all very confusing.

danojs7

Coupon-mad said:

What happens if this whole thing is a success once the judgment is put aside. Will the claimant still ask for the original PCN/debt to be paid?

Possibly, but you don't pay it!  Worst case is a second hearing re the PCN.  You'd likely win that too.

More likely, they will pragmatically discontinue the PCN after you succeed.  As you will see from the half a dozen successful CCJ set aside examples linked in the NEWBIES thread.

Thank you for your response. Forgive me but why wouldn't I pay it? I don't feel I can defend the PCN that was served to me as it was given to me due to overstaying in the car park. It was so long ago I can't remember how legible the signs were. I live nowhere near the area anymore to go and check.

Why would they discontinue and why would I likely win in the case of a second hearing?

I understand that after submitting the N244 with my witness statement and draft order I will then need to wait for my hearing date.

If the courts agree to set aside the CCJ then any record will be removed but this won't be the end of the claim and I may have to file a proper defence. What does this process actually involve?
To be honest I would be happy to pay the PCN and just get it done once the CCJ is removed.

danojs7

Also, as it has been longer than 4 months from the date of event to service (is this when claim form was issued) can I ask for case to be dismissed?

Coupon-mad

Oh you can definitely defend a PCN alleging a small overstay and we'd tell you NOT to pay this even if you'd overstayed for four hours and parked sideways across the bay!

The reason is threefold:

1.  By stating that you intend to robustly defend the PCN (on grounds such as unclear signs and lack of a fair grace period, plus inflated sums added) you make your chances of setting aside the CCJ far stronger;

2.  We know that they will likely discontinue once stung by your £275 costs by a canny Judge (damage limitation for them);

3.  Even if they don't discontinue, you'd very likely win at the PCN hearing, and EVEN IF YOU DIDN'T win, you'd pay LESS than the claim!  No CCJ & you would just pay £200.  Almost no-one here loses - and it's risk free.

I am unsure why you are reading old CCJ threads? There are username links to six recent worked examples in the NEWBIES thread.

danojs7

Coupon-mad said:

Oh you can definitely defend a PCN alleging a small overstay and we'd tell you NOT to pay this even if you'd overstayed for four hours and parked sideways across the bay!

The reason is threefold:

1.  By stating that you intend to robustly defend the PCN (on grounds such as unclear signs and lack of a fair grace period, plus inflated sums added) you make your chances of setting aside the CCJ far stronger;

2.  We know that they will likely discontinue once stung by your £275 costs by a canny Judge (damage limitation for them);

3.  Even if they don't discontinue, you'd very likely win at the PCN hearing, and EVEN IF YOU DIDN'T win, you'd pay LESS than the claim!  No CCJ & you would just pay £200.  Almost no-one here loses - and it's risk free.

I am unsure why you are reading old CCJ threads? There are username links to six recent worked examples in the NEWBIES thread.

Ok. I think I'm managing to wrap my head round this. Really appreciate it.

Would I mention the reasons you've stated in 1 in my witness statement or skeleton statement? Would I also need evidence of this?

What if the judge asks me why I didn't respond to the original PCN or reminders?

I don't quite understand the '4 month dead' rule. Would this apply in my case?
My PCN was in 2020. Changed address twice. Court claim September 2023. Judgement October 2023. Found out December 2023.

I am now reading all the threads!

Coupon-mad

You don't need a skelly (at all) or a defence yet.

What if the judge asks me why I didn't respond to the original PCN or reminders?

Because it bore all the hallmarks of the 'outrageous scam' that MPs unanimously agreed back in 2018, which brought forth the Act which will EVENTUALLY see the new statutory regime sweeping aside the failed 'self regulation' this year:

https://hansard.parliament.uk/commons/2018-02-02/debates/CC84AF5E-AC6E-4E14-81B1-066E6A892807/Parking(CodeOfPractice)Bill

danojs7

Ok. I've drafted it. Aiming to send my N244 in the next 24 hours. Let me know your advice.

____________________________________________________________________________________________

WITNESS STATEMENT

I am XXX and I am the defendant in this matter. This is my supporting statement to my application dated XXX requesting to:

 

a. Set aside the default judgment dated XX October 2023 as it was not properly served at my current address.

b. Order for the original claim to be dismissed. (Still not sure how to defend this claim 

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

DEFAULT JUDGMENT

1.1. I was the registered keeper of the vehicle at the time of the alleged event. (Do I need to say this?)

1.2. I understand that the Claimant obtained a Default Judgment against me as the Defendant on XXX. I am aware that the Claimant is Euro Car Parks Limited, and that the assumed claim is in respect of unpaid Parking Charge Notices.

1.3. The claim form was not served at my current address, and I was therefore not aware of the Default Judgment until carrying out a credit check with Experian on the XX December 2023.

1.3.1 The address on the claim is XX. I moved address on the XX March 2023 then moved again to my current address on the XX October 2023. In support of this, I can provide a scanned copy of my bank statements, utility bills, council tax, mortgage agreements/statements, driving license and an Experian Credit Report. (I have this evidence split over the 2 properties I moved into. My driving license still shows my 2nd address not the one I’m living in now! Also I am not on electoral role but my Experian Credit Report still clearly show various credit account information and searches done at both my new addresses)

1.4. 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;

1.4.1 I discovered a CCJ was lodged onto my credit file on the XX December 2023.

1.4.2 On the XX January 2023, I contacted the Civil National Business Centre to obtain relevant information relating to this default judgment.

1.4.3 On the XX January 2023 I contacted the claimant for a consent to set aside. This was declined by the claimant on the XX January 2023.

1.4.4 On XX January 2023 I have willfully submitted my case in order to set-aside this judgment and fairly present my case.

1.5. 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.

1.6. On that basis, I believe the Claimant has not adhered to CPR 6.9 (3) as they failed to show due diligence by using an address in which the Defendant no longer resides. The claimant did not take reasonable steps to ascertain the address of my current residence, despite not having lived at the address the alleged claim was sent to for over 10 months. This has led to the claim being incorrectly served to an old address and an irregular judgment.

 

1.6.2 Under CPR 13.2 The court must set aside a judgment entered under part 12 if judgment was wrongly entered. Given that CPR 6.9 (3) was not met, CPR 13.2 applies and the CCJ should be set aside. (Is CPR 13.2 correct? Not 13.3)

1.7 Given that more than 4 months has passed from issue of proceedings and service of the claim was defective (i.e. it was never served) the Defendant submits that this particular claim is dead and the period for service cannot be extended by this application process.  The Defendant has no details of this claim, therefore, if the Claimant believes there is a cause of action, then the correct procedure would be to file a claim afresh and to the right address, after furnishing the Defendant with the information required under the pre-action protocol for debt claims, issued this time to the correct address for service for this Defendant, which is XXXXX. (Please can someone just clarify this for me. I’ve searched for the Boxwood thread but nothing is appearing. Is the issue of proceedings the date I received the PCN? So in my case it is over 3 years!?)

 

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

Furthermore, 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. (Is 1.8 necessary?)

1.9. 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.

DRAFT ORDER
CLAIM No: XXX
BETWEEN:
EURO CAR PARKS LIMITS (Claimant)
-- and --
XXX (Defendant)
______________________________________________
DRAFT ORDER
______________________________________________

IT IS ORDERED THAT:
1. The default judgment dated on XXXX be set aside.
2. 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 £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.

 

(I’m guessing I will leave out the 2nd point if the claim is struck out due over the '4 month dead' rule.

A few more questions.

1. Should I mention anything about the BPA Code of Practice. Does this apply to Euro Car Parks

2. Should I attach all my evidence (stated in 1.3) with the N244

3. Should I quote CPR 13.2 and CPR 13.3

danojs7

4. Should I file a SAR?