Text from Empira Ltd (Gladstones) - CCJ

tunm153 · 11 January at 5:31PM

Hi, I received a text yesterday from Empira saying there's a judgment against me of £835. Having spoken to them and gladstones, it looks like letters were being sent to an old address on a v5c which I hadn't updated, this was for numerous parking charges from 'District Enforcement Limited'.

Having read a little bit into it, for peace of mind, I decided to begin an installment plan with empira and pay a small amount to stop bailiffs from turning up. A legal firm advised me that this was ok to do, while still working on setting aside the CCJ.

More than likely the CCJ will be set aside as part of the process, however typically, do parking charges also get reduced? If I decide to do this completely on my own, what are my next steps and what would my reasoning in court be?

Thanks

Coupon-mad · 11 January at 7:56PM

Oh no. Why did they tell you to pay? That has thrown away your leverage to defend the claim once CCJ set aside is achieved.

Hopefully you didn't also pay the local solicitor who advised you to do that...

Read the CCJ set aside section - 2nd post of the NEWBIES thread. Easy to do on your own and no need to PAY. No-one does. Everyone gets their CCJs set aside here. Then they defend the PCN(s) and win at that hearing, too.

Trouble is you've now agreed to a payment plan and can't stop. How on earth will you persuade the Judge to also let you defend it?

Also, the minute you get the CCJ set aside, Gladstones will discontinue within days.

And they'll walk away with your money scot free,

UNLESS you can persuade the first hearing Judge to strike out the claim and order your money to be returned plus your £275 fee, to put you back in the position you should have been in, so that you can defend the claim without fear of them discontinuing and running into the sunset with the money 'extorted' (DLUHC's word).

You realise Empira & Gladstones are owned/run by the same Director?

tunm153 · 11 January at 10:10PM

Thank you for your response. I asked the solicitor (who I haven't paid) if I could pay a small amount to Empira to stop bailiffs, I am aware that they are related to gladstones in some way. The solicitor mentioned paying Empira wouldn't cause any issues, though did say getting the parking charges back would be up to the judge regardless. What do you mean by discontinuing?

Having read the newbies section, it appears that I have to send an N244 using the gov website, with something like the below inserted into the witness bit of the form? Now that I've started paying instalments, what would I include in the below template to defend the parking charges owed? Just to confirm, although they are legitimate charges, people have been able to defend the charges and pay nothing?

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 XXX 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

1.1. I was the registered keeper of the vehicle at the time of the alleged event.

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 Civil Enforcement Ltd, 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 thus I was only made aware of a Default Judgment following a text from Empira.

The address on the claim is XXX. I moved to my current address at XXX. In support of this, I can provide a scanned copy of my bank statement showing my last rental payment at XXX and an Experian Credit report showing my updated address if required.

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 XXX.

1.4.2 On the 8th of April, I contacted the County Court Business Centre to obtain relevant information relating to this default judgment.

1.4.3 On 26th April 2022 I willingly 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 my 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) 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, despite having some 12 months to establish an address. This has led to the claim being incorrectly served to an old address and an irregular judgment.

1.7. 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.

1.8. 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:
CIVIL ENFORCEMENT LIMITED (Claimant)
-- and --
XXX (Defendant)
______________________________________________
DRAFT ORDER
______________________________________________

IT IS ORDERED THAT:
1. The default judgment dated on XXX be set aside.
2. Costs to be reserved.
3. Unless the Claimant serves a copy of the claim form on the Defendant by 4pm on XX/XX/22 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.

Coupon-mad · 12 January at 12:18AM

You don't use the gov website. The NEWBIES thread doesn't say that. The example you found has dates from 2022 that can't be right for your case. It's also too old to use.

Here's one being worked on yesterday/today where I've just linked a newer example WS and Draft Order:

https://forums.moneysavingexpert.com/discussion/6497489/please-help-to-set-aside-ccj-in-the-uk/p1

What do you mean by discontinuing?

https://www.lexisnexis.co.uk/legal/guidance/discontinuance-of-a-claim#:~:text=Discontinuance is the means by,or part of a claim

1505grandad · 12 January at 9:41AM

Obviously you put your claimant's name where relevant (District Enforcement Ltd)?

tunm153 · 14 January at 9:33PM

Just checked my credit report, and it appears that I have 2 CCJ's, one in March 2023, and another in April 2023, both at an old address. More than likely related to a similar parking charge, I'll have to find out more about the other one.

For number 8 on the sequence (a new template was copied below), Civil National Business Centre, I'm guessing I need to speak to them about the judgments? Also, should I bother doing 9 on the sequence?

Having read the CCJ section on the newbies thread, I can't 100% make out where it needs to be sent to, someone mentioned there's a specific email on a post I read. Is this correct?

"Send your signed & dated pdf as an email attachment to CCBCAQ@Justice.gov.uk but due to the CCBC's dysfunctional systems, only do this during working hours (a weekday) and you MUST get an acknowledgement straight back or it is NOT submitted."

Thanks

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 judgments dated XX March 2023 and XX April 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 District Enforcement Ltd obtained a Default Judgment against me as the Defendant on XX March 2023. I am aware that the Claimant is District Enforcement Ltd, and that the assumed claim is in respect of multiple unpaid Parking Charge Notices from (Currently finding out the dates, will add here, also after finding out about 2nd CCJ, will add similar to above here).

3. The claim form was not served at my current address, and I was therefore not aware of the Default Judgment I was only made aware of a Default Judgment following a text from Empira on the 10th January and by checking my credit report.

4. The address on the claim is XXXX. I moved out of this address on XX January 2022 and moved into XXXX on the same date. In support of this, I can provide bank statements, driving license, (currently looking to add other things here, any suggestions?)

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 a text from Empira on the 10th January. I then checked my credit report and noticed 2 CCJ's.

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

tunm153 · 16 January at 2:05PM

I phoned CCBC and they confirmed the details of the 2nd CCJ, it was from a company called UK Parking Control, again all letters sent to an old address, and I haven't set up a plan with them.

CCBC confirmed I need to send 2 separate N244's (with attached witness statements, paying £275 each time) to ccbcfees@justice.gov.uk, to pay I need to ring them.

Still not sure about whether I should remove point 9 from the sequence of events?

New draft both, still to be sent separately, will edit info where there's a slash.

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 judgments dated XX March 2023/XX April 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 District Enforcement Ltd / UK Parking Control obtained a Default Judgment against me as the Defendant on XX March 2023 / XX April 2023. I am aware that the Claimant is District Enforcement Ltd / UK Parking Control, and that the assumed claim is in respect of multiple unpaid Parking Charge Notices from (Dates confirmed, to be entered).

3. The claim form was not served at my current address, and I was therefore not aware of the Default Judgment I was only made aware of a Default Judgment following a text from Empira on the 10th January and by checking my credit file on ClearScore.

4. The address on the claim is XXXX. I moved out of this address on XX January 2022 and moved into XXXX on the same date. In support of this, I can provide bank statements, driving license, (currently looking to add other things here, any suggestions?)

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 received a text from Empira on the 10th January. I then checked my credit report and noticed 2 CCJ's.

8. On 16 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.