Out of the Blue: CCJ Debt letter (for an alleged pcn) – dcbl (/UK Parking Control ltd)

Char_LoT3

DRAFT ORDER

CLAIM No: XXXXXXX

BETWEEN:

UK Parking Control limited (Claimant)

-- and –

<MY NAME> (Defendant)

UPON reading the defendant’s application dated xx April 2024 

IT IS ORDERED THAT:

1. The default judgment dated XX October 2023 ( CLAIM No: XXXXXXX ) be set aside. 

2. The claim struck out due to 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.

 

Char_LoT3

To Attach.

-        Copy of Credit report file.

-        Rent bill @ new address

-        Utility bill (2023 prior to Court date)

-        Proof of posting letter

-        Copy of letter dated 4th March

-        Print out of email sent 25th March

WITNESS STATEMENT OF DEFENDANT

1.         I am <MY NAME> of <My ADDRESS>, and I am the Defendant in this matter. 

2.         This is my supporting statement to my application dated XX April 2024 requesting to:

a.         Set aside the default judgment dated XX October 2024 ( Claim No: XXXXXX ) 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

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

4.         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 UK Parking Control Limited and that the assumed claim is in respect of an unpaid Parking Charge Notice from XX March 2023.

5.         The claim form was not served at my current address, and I was therefore unaware of the Default County Court Judgment against me until I received a letter from Direct Collection Bailiffs Ltd dated XX February 2024 to my current address. 

6.         The address on the claim is <MY OLD ADDRESS>. I moved to my current address <MY CURRENT ADDRESS> in October 2020. In support of this, I have provided evidence in the form of a rent bill for my current address dated xxxx .  Additionally I also provide a Utility bill dates XX and a copy of my credit file, showing dates my address changed on the Electoral roll. 

 

7.         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

8.         I first discovered there was a default County Court Judgment against me when I received a somewhat harshly worded and worrying letter, seeking payment for a CCJ, from Direct Collection Bailiffs Ltd on XX February 2024. The letter is dated XX February 2024. 

9.         On XX February 2024, in somewhat of a panic I tried to telephone Civil National Business Centre, seeking clarification of the validity of the CCJ mentioned in dcbl’s letter. I waited over 45 minutes with no answer.

 

10.         On XX February 2024, I used TrustOnline to search my credit report and verify the validity of the CCJ, Claim No. XXXXXX, linked to my name. I had to search my former address for this as nothing showed up on my current address. I note the judgment is registered to my former address.

 

11.      XX February 2024, having done some research in the week, I again phoned Civil National Business Centre to obtain relevant information relating to this default judgment and the Particulars of the claim. I was told I would receive an email containing the Particulars of the Claim, which duly arrived via email.

 

12.       XX March 2024, I used Checkmyfile.com to check when my address was updated and would have been available to anyone searching for my current address, including UK Parking Controls Limited and Direct Collection Bailiffs Ltd.  I note that my current address would have been available, prior to, on and around the time that court papers were served.

 

13.       XX March 2024, I posted a letter to UK Parking Limited and Direct Collection Bailiffs Ltd (I provide a copy of proof of posting and copy of the letter) to inform them that they had served court papers to an old address, while they could easily have found my current address, thus not complying with the Civil Procedure Rules 6.9 and inviting them to consent to setting aside the claim, rather than wasting the courts time further.

 

14.       XX March 2024 I received another generic harshly worded and worrying letter from dcbl, dated XX March 2024 to my current address, making no reference to my latter dated 4th March 2024.

 

15.       XX March 2024, surprised I had not received any response, positive or negative, to my letter dated XX March 2024, I additionally emailed both UK Parking Limited and Direct Collection Bailiffs Ltd to ensure my letter was received and further try and avoid wasting of any more of the courts time.

 

16.      On XX April 2024 I submitted my case in order to set-aside this judgment and have the opportunity to fairly present my case.

17.      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 serving the claim. Having had no response to any letters sent in the 7 or so months between issuing the pCN and serving the claim, while my current details were readily available with a simple check as the Claimants agent (dcbl) have demonstrated soon (some 4 months) after the default CCJ was obtained.  I was therefore denied the opportunity to defend the claim. 

 18.   If the Claimant had taken the (simple and very inexpensive) actions required by the Civil Procedure Rules and the Code of Practice before litigation, my correct address would have been found easily, which is obviously what DCBL did before sending their recent letter.  If those actions had been performed at the correct time rather than after judgment, I would not have been deprived of the ability to defend the claim.

18.1. By reason of the Claimant’s breach of the Civil Procedure Rules, which amounts to an abuse of the process of the Court, the claim form was never properly served and pursuant to CPR 13.2, the judgment must be set aside (the N244 fee being ordered to be at the Claimant’s expense).  Further, the unserved claim has expired and must be dismissed because it is now too late for the particulars of claim to be re-served.

19.      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 must be set aside. In the alternative, CPR 13.3 applies due to the circumstances, which represent good reasons to set the CCJ aside, and in view of the fact that the Defendant acted promptly and has good prospects of defending the claim in the event that the court does not strike it out for want of service within 4 months.

 

20.      Under Clause 24.1 C of the BPA Approved Operator Scheme Code of Practice Version 8 (January 2020), “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 endeavours to ensure that the contact details for the person you are writing to are correct.”. Having been writing to an old address no replies would ever have been received. 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. 

 

21.       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 judgment and could have taken action to prevent it. 

22.       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: <MY ADDRESS>.

23.      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.

24.      Furthermore, former Prime Minister Mrs 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.” 

 

25.      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 £100 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 last February 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. 

26.       Further, should I have the opportunity to fairly present and defend my case I believe I would have reasonable chance of a successful defence.  While the Particulars of Claim for this case provide very little information to go on as to what contractual terms were broken, given basic knowledge of the car park I can make reasonable assumption what these would likely be.  One avenue I would pursue in my defence been the Equality’s Act 2010 with reference my having Rheumatoid Arthritis (mobility) and Autism (reading and understanding of contracts).  A second avenue been the weather on the date the pCN was issued, as I note (from photographs I have from that day) that it had snowed (which could have obstructed signage and markings etc).  A third would be the woefully inadequate signage entering and within the carpark, to constitute a formation of contract and in breach of the claimant’s trade body’s (BPA) guidelines.

27.      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.

Statement of Truth

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 __________

Edited to reflect coupon-mads post below. 

nopcns

When you "posted" the letter to DCB Legal and UKPC, did you get a free "proof of posting" certificate from the post office? You should really stop using post if at all possible. Email is the recommended method of sending correspondence. You can simply attach your correspondence as a PDF attachment and you have immediate "proof of posting". Both DCB Legal and UKPC have email addresses that you can use for service of documents.

Coupon-mad

The default CCJ isn't dated in the future.

No need to show the word 'LIMITED' in capitals in the Draft Order (but it is correct to have the first word 'UPON' in capitals, so leave that).

In the WS, I think para 18 would be better worded like this - thanks to solicitor poster @troublemaker22


18.   If the Claimant had taken the (simple and very inexpensive) actions required by the Civil Procedure Rules and the Code of Practice before litigation, my correct address would have been found easily, which is obviously what DCBL did before sending their recent letter.  If those actions had been performed at the correct time rather than after judgment, I would not have been deprived of the ability to defend the claim.

18.1. By reason of the Claimant’s breach of the Civil Procedure Rules, which amounts to an abuse of the process of the Court, the claim form was never properly served and pursuant to CPR 13.2, the judgment must be set aside (the N244 fee being ordered to be at the Claimant’s expense).  Further, the unserved claim has expired and must be dismissed because it is now too late for the particulars of claim to be re-served.

Char_LoT3

@Coupon-mad Thanks well spotted. have changed draft order, changed 18 and added 18.1 in WS, will repost after/ if no other comments.

@nopcns Yes I did get the free proof of posting and also sent an email to both to be sure. 

Le_Kirk

nopcns said:

When you "posted" the letter to DCB Legal and UKPC, did you get a free "proof of posting" certificate from the post office? You should really stop using post if at all possible. Email is the recommended method of sending correspondence. You can simply attach your correspondence as a PDF attachment and you have immediate "proof of posting". Both DCB Legal and UKPC have email addresses that you can use for service of documents.

Agree with the sentiment of this entirely but some of the PPCs and their solicitors are doing away with e-mail addresses and forcing defendants to use their so-called "better" portals.

Char_LoT3

Hi,

Thanks for everyone's comments and help so far, do you think I'm in a good position to get this all sent out now?

pre-emptive question how to I sign stuff I'm sending digitally?

thanks   

Coupon-mad

Take a photo of your signature on white paper.

nopcns

Char_LoT3 said:

pre-emptive question how to I sign stuff I'm sending digitally?

Coupon-mad said:

Take a photo of your signature on white paper.

Or you can just type your name.

Signature may be by any written or electronic authentication of the form by, or with the authority of, the signatory.

Char_LoT3

hey this is the reply I got from the email I sent which was just the copy of the letter @troublemaker22 advised I send of which I did and they did not reply so I sent it in email form and they have come back with this! 
do I reply to this? i have already pushed forward with the set aside.