Please help to set aside CCJ in the UK

Grizebeck

No you dont need to dress like its a job interview, I have only ever worn jeans, trainers and a tidy shirt for court claims and i get paid to do this!
Feel so uncomfortable in suits it just doesn't work it nor does it affect the out come

Coupon-mad

• where it refers the CPR 12.3 (conditions to be satisfied). I never filed an acknowledgement of service or a defence. So aren’t the conditions stated in 12.3 all satisfied??

No because the service of the claim was not satisfied, so case law says the clock to defend has never started.

You could send a skeleton argument in before the hearing (along with your signed/dated costs assessment) attaching the case law. And link to the relevant Code of Practice about the BPA of IPC mandatory requirement to do a soft trace (POCs cannot just run with an old DVLA address for litigation. They MUST do checks).

The case law about 'improper service' is linked in the CCJ set aside WS by @Zbubuman

Read those cases and the penny will drop.

QDR didn't tell you they "asked the DVLA again" in 2023. Impossible. Read their letter again 

danojs7

Thanks for clarifying @Coupon-mad.

This is what QDR stated: 'As previously stated, we are provided your details pertaining to the vehicle that was present at the time of the contravention by DVLA, not through credit file checks. Further address checks were made with the DVLA on XX March 2023 and the records were confirmed to be the same as they were at the time of the contravention' - again, I don't see how this is possible as I sold my vehicle for part exchange in 2020. Unfortunately I have not included this in my Witness Statement but will mention in my skeleton argument and bring evidence.

Regarding the skeleton argument, are there templates available on the forum? Forgive me but I can't seem to find it on the Newbies thread... And how do I send in the skeleton argument, do I ring/e-mail the courts?

I have had a good look at the thread by @Zbubuman and his final Witness Statement on page 7. May I just confirm the case laws to include:

Claimant failed to serve the claim (wrong address):

• Collier v Williams [2006]
• HHJ Hacon in MB Garden Buildings Ltd v Mark Burton Construction Ltd & Anor [2014] 
  
• HHJ Behrens in Broadside Colours And Chemicals Ltd, Re (No 2) [2012]
  
• Dubai Financial Group Llc v National Private Air Transport Services Company (National Air Services) Ltd [2016]
  

Claim has expired (over 4 months has passed):

• Good Law Project v (1) Secretary of State for Health and Social Care and (2) Pharmaceuticals Direct Limited [2021]
• Pitalia & Anor v NHS England [2023]
• IDEAL SHOPPING DIRECT LTD & ORS V MASTERCARD INCORPORATED & ORS [2022]
• Piepenbrock v Associated Newspapers Ltd [2020]
  
• Boxwood [2021]
  
• Deputy Master Marsh in Croke & Anor v National Westminster Bank Plc & Ors [2022]
• Vinos v Marks & Spencer plc [2001]
  

How about Civil Enforcement Limits v Chan? You previously told me to include this in my Witness Statement but then another user said it did not apply to me because the 'contravention of terms' had been stated in the PoC. Therefore I took this out.

Apart from Boxwood [2021] I have not mentioned any of the above case laws in my Witness Statement which has already been submitted.

I want to become familiar with all of these case laws when I present them during the hearing. However, I am having a lot of difficulty wrapping my head round them! Obviously I want to make sure that I only talk about the relevant ones so any guidance on this would be much appreciated!

When you say 'attach case laws and relevant Code of Practice from the BPA'. Do you mean include a summary of the case law in my skeleton argument or attach and print out ALL the case manuscripts and bring this with me to the hearing? 

Thanks

Coupon-mad

 Further address checks were made with the DVLA on XX March 2023 and the records were confirmed to be the same as they were at the time of the contravention' - again, I don't see how this is possible as I sold my vehicle for part exchange in 2020.

Wow. Just Wow!  That is IMPOSSIBLE even if you hadn't sold your car. The above is untrue.  Show that lie to the Judge!

The parking industry are not allowed to ask the DVLA twice.  They CANNOT have done. The KADOE rules allow ONE inquiry per event and it has to be within 6 months. One time only.

For proof, email the DVLA email address shown in post 5 of the NEWBIES thread, show them the QDR letter and ask:

- please show me the occasions & dates when QDR and/or ZZPS and/or NAME OF PPC obtained my data for vehicle xxxxxxxx which I sold in 2020.

- please also confirm that DVLA has me noted as no longer the keeper since 2020 and that QDR are lying when they said "Further address checks were made with the DVLA on XX March 2023"

- finally please confirm that your KADOE rules allow only one keeper data enquiry per parking event/breach (within 6 months of the event), not multiple further enquiries years later.

When you say 'attach case laws and relevant Code of Practice from the BPA'. Do you mean include a summary of the case law in my skeleton argument or attach and print out ALL the case manuscripts and bring this with me to the hearing? 
Footnotes as URL links to the judgments

Footnote URL links at the bottom of the short skeleton legal argument.

Then bring original printed versions x 2 to the hearing for the Judge if they prefer to look at a paper copy on the day.

danojs7

Thanks @coupon-mad. Will email the DVLA and report back. 

Sorry, but could you confirm whether the case laws stated above apply to my case? How about CEL V Chan?

Is there a template we can use for the skeleton argument? I want to get started on this right away. 

Le_Kirk

A skeleton argument is personal to your case and is based on the defence and witness statement as already provided.  Because it is applicable to your case only there cannot be any templates.  However, search the forum for skeleton argument and see what others have written.  Your skeleton should be a precis of your arguments from your defence with pointers to where the judge will find evidence in your witness statement.  It should NOT be longer than your defence or witness statement.

Coupon-mad

danojs7 said:

Thanks @coupon-mad. Will email the DVLA and report back. 

Sorry, but could you confirm whether the case laws stated above apply to my case? How about CEL V Chan?

Is there a template we can use for the skeleton argument? I want to get started on this right away. 

You can obviously use the words in Zbubuman's WS that relate to those cases. It's already written. But keep it concise.

We don't know if the two appeal cases of Chan and Akande also apply. That depends on what the POC said (that you didn't receive but might have later got emailed to you by the CNBC). Search the forum for thr Akande link too. Not just Chan.

danojs7

Thank you @Le_Kirk and @Coupon-mad.

I will have a search for skeleton arguments and perhaps post a copy on here for the community to look at.

I have written and complained to the DVLA, inquiring into the dates of checks done on my vehicle. Just to confirm the e-mails stated in the Newbies thread were: 
CCRT@dvla.gov.uk
KADOEservice.support@dvla.gov.uk
complaintsTeam@dvla.gov.uk

I also rang the DVLA but they advised me to file a SAR. Is this worth doing as well?

The PoC which was e-mailed to me by the CNBC has been posted earlier in the thread. I am still uncertain whether this is 'detailed' enough. When referring to CPR 16.4, it seems contravention has been clearly stated, but perhaps not how the interest has been calculated?

Coupon-mad

No SAR is needed of the DVLA (if you asked the right questions by email that is effectively a SAR).

I don't know what the PoC says as I rarely have time to trawl back looking through multiple page threads like this one!

LDast

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.ON XX 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.

There is a vague cause of action so Chan and Akande don’t apply… However, those PoC still fail CPR 16.4 and a simple Draft Order requiring them to fully comply with the CPRs and PDs would have gotten this quashed.

Sample draft order: https://www.dropbox.com/scl/fi/z8zcqfdncdoajgj4ag6a4/short-defence-orderP1.pages.pdf?rlkey=at98xmfwj0ehi3w9d0ia15ogp&dl=0

An adaptation to the order included in the set aside order would do the job.