Please help to set aside CCJ in the UK

danojs7

Thanks. Do the inadequate particulars of the claim apply to the one they sent me above?! Still confused about this

Le_Kirk

It is not the driving licence that PPCs use to find your address but the one on your V5C that is registered with the DVLA. 

danojs7

I am just going over CPR 16.4 which refer to particulars of the claim. I just want to be 100% sure this applies to me so I can use Civil Enforcement Limited v Chan reference in my case. Please can someone reassure me this is correct when look at the particulars of the claim I sent in my earlier post.

Contents of the particulars of claim

16.4

(1) Particulars of claim must include—

(a)a concise statement of the facts on which the claimant relies;

(b)if the claimant is seeking interest, a statement to that effect and the details set out in paragraph (2);

(c)if the claimant is seeking aggravated damages(GL) or exemplary damages(GL), a statement to that effect and the grounds for claiming them;

(d)if the claimant is seeking provisional damages, a statement to that effect and the grounds for claiming them; and

(e)such other matters as may be set out in a practice direction.

(2) If the claimant is seeking interest they must—

(a)state whether they are doing so—

(i)under the terms of a contract;

(ii)under an enactment and, if so, which; or

(iii)on some other basis and, if so, what that basis is; and

(b)if the claim is for a specified amount of money, state—

(i)the percentage rate at which interest is claimed;

(ii)the date from which it is claimed;

(iii)the date to which it is calculated, which must not be later than the date on which the claim form is issued;

(iv)the total amount of interest claimed to the date of calculation; and

(v)the daily rate at which interest accrues after that date.

(Part 22 requires particulars of claim to be verified by a statement of truth).

Castle

danojs7 said:

Rang and obtained my particulars of claim:

THE CLAIMANTS CLAIM IS FOR AN OUTSTANDING PARKING CHARGE ISSUED TO VEHICLE XXXXXXX WHENPARKED AT XX XX XX. THE SITE IS MANAGED BY THE CLAIMANT. THE DEFENDANT IS THE KEEPER OF OR THE DRIVER NAMED IN ACCORDANCE WITH SCHEDULE 4 OF PROTECTION OF FREEDOM ACT 2012 OF THE VEHICLE. VEHICLES PARKING AT THE SITE ARE SUBJECT TO THE PARKING RESTRICTIONS AND TERMSAND CONDITIONS WHICH ARE SET OUT ON SIGNS AT THE SITE AND FORM PART OF A CONTRACT BETWEEN THE DRIVER OF THE VEHICLE AND THE CLAIMANT.ON07 05 2020, THE VEHICLE WAS PARKED AT THE SITE IN BREACH OF THE CONTRACT, THE CONTRAVENTION BEING THE PD PERMIT PURCHASED DID NOT COVER THE DATE AND TIME OF PARKING. BY ENTERING THIS CONTRACT THE DEFENDANT AGREED THAT THEY WOULD BE LIABLE FOR £100.00 PARKING CHARGES, PLUS ADDITIONAL CONTRACTUAL CHARGES INCURED BY THE CLAIMANT FOR THE COLLECTION OF THE DEBT PURSUANT TO THE TERMS AND CONDITIONS.

That's the "breach" they are claiming for but in your first post you said it was June 2020.

danojs7

Castle said:

danojs7 said:

Rang and obtained my particulars of claim:

THE CLAIMANTS CLAIM IS FOR AN OUTSTANDING PARKING CHARGE ISSUED TO VEHICLE XXXXXXX WHENPARKED AT XX XX XX. THE SITE IS MANAGED BY THE CLAIMANT. THE DEFENDANT IS THE KEEPER OF OR THE DRIVER NAMED IN ACCORDANCE WITH SCHEDULE 4 OF PROTECTION OF FREEDOM ACT 2012 OF THE VEHICLE. VEHICLES PARKING AT THE SITE ARE SUBJECT TO THE PARKING RESTRICTIONS AND TERMSAND CONDITIONS WHICH ARE SET OUT ON SIGNS AT THE SITE AND FORM PART OF A CONTRACT BETWEEN THE DRIVER OF THE VEHICLE AND THE CLAIMANT.ON07 05 2020, THE VEHICLE WAS PARKED AT THE SITE IN BREACH OF THE CONTRACT, THE CONTRAVENTION BEING THE PD PERMIT PURCHASED DID NOT COVER THE DATE AND TIME OF PARKING. BY ENTERING THIS CONTRACT THE DEFENDANT AGREED THAT THEY WOULD BE LIABLE FOR £100.00 PARKING CHARGES, PLUS ADDITIONAL CONTRACTUAL CHARGES INCURED BY THE CLAIMANT FOR THE COLLECTION OF THE DEBT PURSUANT TO THE TERMS AND CONDITIONS.

That's the "breach" they are claiming for but in your first post you said it was June 2020.

My error. It was actually May 2020

yetneveragain

As the contravention of the terms has been stated in the PoC, you can't use CEL v Chan.

danojs7

Ok so can’t include this in my witness statement then which is unfortunate. 

I suppose I can’t put 19. or 20. In my witness statement either!?

danojs7

Do I have good prospects of defending the claim? I am genuinely not sure

danojs7

Ok here is my final draft for Witness Statement. Taken out CEL v Chan. 

Please could someone clarify whether 20. or 21. relating to CPR 13.3 is appropriate? 

WITNESS STATEMENT

I am XXXX 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.

c. Order for the claimant to pay the defendant £275 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 XX October 2023. I am aware that the Claimant is Euro Car Parks Limited, and that the assumed claim is in respect of unpaid Parking Charge Notice from XX May 2020

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 XX December 2023.

4. The address on the claim is XXXX. I moved out of this address on XX March 2023 and moved into XXXX on the same date. In support of this I can provide bank statements, driving license, a paid invoice from the moving van I hired and an e-mail from my car insurance company showing my address amendment. I also have letters showing my change of address on the NHS England Medical Performers List and Medical Defence Union (MDU) so that I was able to start working as a General Practitioner in XX.

 

5. I subsequently moved address again to XXXX on XX October 2023. I can provide utility bills, council tax bills, bank statements and mortgage offer. I also can provide my Experian Credit Report which was carried out on the XX December 2023 which clearly shows credit account information and searched done at my recent addresses.

6. In addition to the above, it should be highlighted that the integrity and law-abiding intention of the Defendant should be taken into consideration based on the below:

 

 

SEQUENCE OF RECENT EVENTS

7. I first discovered there was a default County Court Judgement against me when I checked my credit file on XX December 2023.

8. On XX January 2024, after the holidays, I contacted the Civil National Business Centre to obtain relevant information relating to this default judgment.

 

9. On XX January 2024, I wrote to the Claimant requesting a consent to set aside this default judgment which was not accepted.

10. On XX XX 2024 I submitted my case in order to set-aside this judgment and fairly present my case. I acted promptly to resolve this matter once it came to my attention

11. 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. I was therefore denied the opportunity to defend the claim.

12. 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 at which 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.

13. At no time did the Claimant receive any response from me at the old address and therefore the Claimant had reason to believe that it is an address at which I no longer reside. It was improper for the Claimant to rely upon it for service.

 

14. 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.

 

15. The Claimant is an approved operator of the British Parking Association (BPA). The BPA has anticipated that issues will arise where operators do not take reasonable steps to ascertain the correct address.

 

16. The Claimant failed to take reasonable endeavours to ascertain my correct current address prior to issuing proceedings and is therefore in breach of the Code of Practice.

 

17. Clase 24.1c of the BPA Approved Operator Scheme Code of Practice (version 8 – January 2020) states “Before serving a Letter Before Claim and prior to the issue of proceedings, Operators must, if no responses have been received to the NTD/NTK/reminder letters, take reasonable endeavors to ensure that the contact details of the person you are writing to are correct.

 

18. The system used by the Claimant is called KADOE (Keeper On Date of Event) and provides a brief ‘snapshot in time’ address to enable a parking firm to send Notice. Operators are only allowed to ask the DVLA once, hence the code of practice requires reasonable steps are taken to check address details are current before litigation. Even if a motorist later updated a V5C logbook with a new address (or if the DVLA failed to note a change in a timely manner, which is reportedly common) a parking operator will not know, nor be able to find out.

 

19. I, the Defendant, was ‘there to be found’ for the sake of a 29 pence bulk Experian trace or similar very inexpensive and immediate credit reference agency address check. I would then have been notified of this judgement and could have taken action to prevent it.

 

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

 

21.1 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."

 

21.2 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 2. above.

 

CIVIL PROCEDURE RULES 13.3

 

20. In the alternative, I submit that CPR 13.3 applies and there are very good reasons to set aside this claim. I have good prospects of defending a claim, if served with one, however I have seen no evidence, basis, nor detailed particulars of claim, and the Claimant should be required to fil afresh if they believe they have a cause of action.

 

21.  If filed afresh I would anticipate a defence including submission on:

 

a.    The Claimant failed to meet the Notice to Keeper obligations of Schedule 4 of the ­Protection of Freedoms Act 2012

 

b.    Lack of adequate notice of the parking charge on clear signage, as acknowledged by the Supreme Court in ParkingEye Limited v Beavis [2015] UKSC 67

 

c.    Putting Claimant to strict proof on evidence of landowner authority or a legal contract, as required by the BPA Code of Practice

 

NO SERVICE WITHIN 4 MONTHS OF ISSUE

 

22. Given that more than 4 months has passed from issue of proceeding and service of claim was defective (as it was never served), I submit that this claim is dead and the period for service cannot be extended by this application process. I have no details of this claim beyond very brief particular, 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 me with the information required under the pre-action protocol for debt claims­­­­­. This should be issued to my correct address for service which is XXXXX

 

23. There are several authorities for this, including the judgment in Boxwood [2021] EWHC 947 (TCC), which is a reminder of the strictness of the requirements of CPR 7.6 and how difficult it is to use other parts of the Civil Procedure Rules to rectify a failure to serve the claim form within the requisite period. ‘A claimant is not entitled to rely on the wide, general powers under CPR 3.10 or CPR 3.9 to circumvent the specific conditions set out in CPR 7.6(3) for extending the period of for service of a claim form.

 

COSTS

1.    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.

 

2.    I ask the Court:

 

a.    to order the reimbursement of the fee of £275 from the Claimant should this application successfully see the claim struck out, or in the alternative

 

b.  if the claim is not struck out, to Order that the Claimant serve full particulars and evidence of the term, photographs of the signage and to specify the alleged breach and basis for alleged liability, with the application and hearing attendance costs being reserved, and that in the event of discontinuance after the judgment is set aside, the Claimant must reimburse (within 7 days of the date of discontinuance) the Defendant's costs as they stand after the first hearing

Coupon-mad

That's very good.

I would just remove this subheading (not needed; your main request is under CPR 13.2 anyway):

"CIVIL PROCEDURE RULES 13.3"

...but leave in all those paragraphs underneath it because yes, you are saying that primarily CPR 13.2 applies (mandatory set aside) but in the alternative - as a safety net if the court Judge is minded to wish to widen the considerations before deciding - the circumstances certainly meet CPR 13.3 (discretionary set aside).