CCJ from PCN - No Notification or Correspondence

Coupon-mad

There are just 5 CCJ set aside examples linked in the NEWBIES thread.  It's easier than you think.  Just copy the most recent one.

HelpUs2024

Debszzzz2 said:

HelpUs2024 said:

B. We don't know when it was issued, hopefully this will be on the PoC which is being posted to us by the Court

Possibly not unless they send you a copy of the whole clam form. You may want to call the CNBC again and ask them for the date of issue of the claim. If (A) and (B) are different then you will be seeking a set aside under CPR 13.3.

We called yesterday, original claim form was sent to our current address. We have also had particulars of claim finally emailed to us.

It states: THE DRIVER AGREED TO PAY WITHIN 28 DAYS BUT DID NOT - this is an absolute lie! So infuriating how they get away with this criminal behaviour.

Nellymoser

Your rage is understandable. As you didn't receive PPC's correspondence please consider supporting this.

So many people don't receive 1st and/or 2nd pcn but the £170 payment due letter often manages to drop through letter boxes.
PPCs always claim discounted rate/full rate pcns/court claim letters were sent though they offer no evidence to prove this. Since they CHOOSE NOT to provide evidence of their posting we must continue to press gov to ensure they do and see it included in the new Parking CoP.

Please sign/share @jmccabe petition closes 22nd june 2024.
https://petition.parliament.uk/petitions/652355
Require communications from Private Parking companies to be traceable/trackable
Thanx. Hope to read about your court win.

HelpUs2024

Coupon-mad said:

There are just 5 CCJ set aside examples linked in the NEWBIES thread.  It's easier than you think.  Just copy the most recent one.

Thank you - I have gone back over and looked at this thread as believes it applies best and is more up to date: https://forums.moneysavingexpert.com/discussion/6348199/help-please-ccj-debt-recovery-from-unknown-parking-fine/p4

On that basis I have redrafted as follows - is this any better?

DRAFT ORDER

UPON reading the defendant’s application dated 13 February 2024

IT IS ORDERED that:

 
1. The default judgment dated xx August 2021 be set aside.

2. The claim struck out as the claim form having not been served within 4 months of issue.

3. The Claimant do pay the Defendants costs of this application of £275 on an indemnity basis.

4. The Claimant do reimburse the Defendant of the Court Judgment of £287 which was extorted with menace.

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 xx August 2021. I am aware that the Claimant is Parking Awareness Serviced Limited, and that the assumed claim is in respect of an unpaid Parking Charge Notice from the xx May 2018.

1.3. The claim form was never received at either the previous address or current address and I thus was not aware of the Default Judgment until 2 February 2024 following a declined Mortgage in Principal application.

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;

1.4.2 I discovered a CCJ was lodged onto my credit file on 2 February 2024.

1.4.3 On xx February 2024 I contacted the County Court Business Centre to obtain relevant information relating to this default judgment.

1.4.4 On xx February 2024 I contacted the Claimant’s solicitor and the Court Judgement of £287 was extorted with menace despite requests for them to agree to consent to set aside the Judgment due to a failure to be served.

1.4.5 On 13 February 2024 I 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 the Defendant was properly served after no response was made by the Defendant at the time of the claim.

1.6. Under CPR 13.2 The court must set aside a judgment entered under part 12 if judgment was wrongly entered and the CCJ should be set aside.

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.

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 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.

1.9 In the alternative, CPR 13.3 applies and there are very good reasons to set aside this exaggerated claim, which includes a disproportionate and indeed, false 'debt recovery' sum.  In fact, no debt recovery occurred nor cost the claimant any money whatsoever, in addition to £160 parking charge.  The Government has described the false fixed 'fee' of £70 as 'designed to extort money from motorists' in the new statutory Code of Practice February 2022, and has banned it.  The Defendant has good prospects of defending a claim, if served with one, but has seen no evidence, basis nor particulars of claim and the Claimant should be required to file afresh, if they believe they have a cause of action. 

1.10 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 and the Court Judgment of £287 from the claimant should this request be successful.

I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone 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 ________

Date __________

WITNESS STATEMENT

I am xxxx and I am the defendant in this matter. This is my supporting statement to my application dated 13 February 2024 requesting to:

a. Set aside the default judgment dated xx August 2021 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.

d. Order for the claimant to pay the defendant £287 as reimbursement for the Court Judgment.

Coupon-mad

HelpUs2024 said:

Debszzzz2 said:

HelpUs2024 said:

B. We don't know when it was issued, hopefully this will be on the PoC which is being posted to us by the Court

Possibly not unless they send you a copy of the whole clam form. You may want to call the CNBC again and ask them for the date of issue of the claim. If (A) and (B) are different then you will be seeking a set aside under CPR 13.3.

We called yesterday, original claim form was sent to our current address. We have also had particulars of claim finally emailed to us.

It states: THE DRIVER AGREED TO PAY WITHIN 28 DAYS BUT DID NOT - this is an absolute lie! So infuriating how they get away with this criminal behaviour.

It isn't a lie. Drop that idea and search the forum for that phrase (please).  We don't need to explain this again.

HelpUs2024

Coupon-mad said:

HelpUs2024 said:

Debszzzz2 said:

HelpUs2024 said:

B. We don't know when it was issued, hopefully this will be on the PoC which is being posted to us by the Court

Possibly not unless they send you a copy of the whole clam form. You may want to call the CNBC again and ask them for the date of issue of the claim. If (A) and (B) are different then you will be seeking a set aside under CPR 13.3.

We called yesterday, original claim form was sent to our current address. We have also had particulars of claim finally emailed to us.

It states: THE DRIVER AGREED TO PAY WITHIN 28 DAYS BUT DID NOT - this is an absolute lie! So infuriating how they get away with this criminal behaviour.

It isn't a lie. Drop that idea and search the forum for that phrase (please).  We don't need to explain this again.

I've searched - yes I can see where you are coming from in that by parking somewhere you agree to the terms of parking, however for the original PCN there was no fault committed as food was bought and consumed at the hospitality premises which was part of the conditions of parking. Anyway, it matters not as we can't even begin to contest that now as we are just battling with the CCJ set aside on the grounds no correspondence was received in relation to the claim.

KeithP

HelpUs2024 said
We have also had particulars of claim finally emailed to us.

It states: THE DRIVER AGREED TO PAY WITHIN 28 DAYS BUT DID NOT - this is an absolute lie! So infuriating how they get away with this criminal behaviour.

The allegation is that by parking the driver agreed to the terms of the contract.

Those contract terms are the terms on the signs.

Almost certainly there is a term on the signs stating something like "if the driver doesn't park in accordance with the rules then he agrees to pay £nn within 28 days...".

HelpUs2024

I have drafted the Draft Order, Default Judgment Set Aside, Witness Statement(s) - do I need to draft a Draft Defence?

I have also contacted the Claimant's solicitors regarding a consent to set aside and given them 14 days to respond.

After this 14 days I shall submit to CCBC all the above including the N244 form and fee.

Coupon-mad

No defence yet.

Show us your WS & draft Order.

HelpUs2024

WITNESS STATEMENT

1.         I am xxxx of xxxxx, and I am the Defendant against whom this claim is made. The facts are true to the best of my belief and my account has been prepared based upon my own knowledge.

2.         This is my supporting statement to my application dated xx February 2024:

a. Set aside the default judgment dated xx August 2021 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.

d. Order for the claimant to pay the defendant £287 as reimbursement for the Court Judgment.

I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement of trust without an honest in its truth.

Signed

Dated

DEFAULT JUDGMENT SET ASIDE

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 xx August 2021. I am aware that the Claimant is Parking Awareness Serviced Limited, and that the assumed claim is in respect of an unpaid Parking Charge Notice from the xx May 2018.

1.3. The claim form was never received at either the previous address or current address and I thus was not aware of the Default Judgment until xx February 2024 following a declined Mortgage in Principal application.

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;

Sequence of Recent Events

1.4.1 I discovered a CCJ was lodged onto my credit file on xx February 2024.
1.4.2 On xx February 2024 I contacted the County Court Business Centre to obtain relevant information relating to this default judgment.

1.4.3 On xx February 2024 I contacted the Claimant’s solicitor and the Court Judgment of £287 was extorted with menace despite requests for them to agree to consent to set aside the Judgment due to a failure to be served.

1.4.4 On xx February 2024 I contacted the Claimant’s solicitor through their online Defendant Response Form on their website to request their consent to set aside the CCJ and gave the Claimant’s solicitor 14 days to respond with their Draft Consent Order however no response was received.

1.4.5 On xx February 2024 I 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 the Defendant was properly served after no response was made by the Defendant at the time of the claim.

1.6. Under CPR 13.2 The court must set aside a judgment entered under part 12 if judgment was wrongly entered and the CCJ should be set aside.

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.

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 results is an unnecessary burden for individuals and the justice system across the country.

1.9 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.

1.10 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.

1.11 In the alternative, CPR 13.3 applies and there are very good reasons to set aside this exaggerated claim, which includes a disproportionate and indeed, false 'debt recovery' sum.  In fact, no debt recovery occurred nor cost the claimant any money whatsoever, in addition to £160 parking charge.  The Government has described the false fixed 'fee' of £70 as 'designed to extort money from motorists' in the new statutory Code of Practice February 2022, and has banned it.  The Defendant has good prospects of defending a claim, if served with one, but has seen no evidence, basis nor particulars of claim and the Claimant should be required to file afresh, if they believe they have a cause of action.

1.12 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 and the Court Judgment of £287 from the claimant should this request be successful.

I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone 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 ________

Date __________

DRAFT ORDER

UPON reading the defendant’s application dated xx February 2024

IT IS ORDERED that:

1. The default judgment dated xx August 2021 be set aside.

2. The claim struck out as the claim form having not been served within 4 months of issue.

3. The Claimant do pay the Defendants costs of this application of £275 on an indemnity basis.

4. The Claimant do pay the Defendant for reimbursement of the Court Judgment of £287 which was extorted with menace.