Unpaid CCJ £400!! - Was in the right and had no communication of court hearing!

Coupon-mad

Ok - not a bad court. The first one I ever lay repped at; my first win was before a great lady Judge at Worthing!

It's up to the Defendant really whether they want to:

- pay £108 and tick 'without a hearing' and hope the evidence they attach to the WS is enough for a Judge to sign off an Order setting aside the CCJ (in which case Directions will be sent out by post), or

- pay £275 for the application to be heard with a hearing, and (again) hope the Judge agrees to set aside the CCJ.  Although this option costs more, at least in person the D can bear witness face to face that she did not get the N180.

Either way, they won't get the fee back and no application is guaranteed to be agreed.

Blazedsin

I have only since managed to get around to doing the witness statement. I will still be dating things as March but can you scan this over and let me know if I need to change anything?:

WITNESS STATEMENT

I, XXXXXXXXX, of XXXXXXXXXXX, am the defendant in this matter. This is my supporting statement to my application dated 28/03/2024 requesting to:

a. Set aside the County Court Judgement dated 19/10/23 as the N180 form was not properly served at my current address.

b. Order for the original claim to be dismissed.

c. Order for the claimant to pay me £275 as reimbursement for the set aside fee.

1. Default Judgment and Defence

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

1.2. I understand that the Claimant obtained a Default Judgment against me. I am aware that the Claimant is First Parking Llp, and that the assumed claim is in respect of unpaid Parking Charge Notices dated 24/03/2022 and 07/04/2022.

1.3. The claim form was served to my address at XXXXXXXXX on 16/12/2022. I promptly addressed the claim over the festive period and prepared a robust defence which was submitted on 31/12/2022. This defence is attached.

2. Change of Address and Pregnancy

On 28/05/2023, experiencing morning sickness due to pregnancy, I moved in with my partner at XXXXXXXX for support as I prepared for our holiday and the upcoming birth of our child. I had finished with university and left my temporary student accommodation at XXXXXXXXXX. I did not return to XXXXXXXXX after this date.

3. Non-Receipt of N180 and Additional Information

3.1 Travel and Medical Appointment

3.1.1 On 31/05/2023, my partner and I took our flight to Greece for our holiday. We returned on 13/06/2023. Flight bookings are attached.

3.1.2 I had a scheduled ultrasound scan on 14/06/2023, just a day after returning from the trip. A letter from Worthing Hospital addressed to me at my current address XXXXXXXXX regarding this scan is attached proving this.

3.2 Address Update Efforts

3.2.1 On 30/06/2023, I submitted an application with DVLA to update my address. I have attached the email confirmation of this, as well as a photo of my updated driving license displaying a date of issue of 01/07/2023.

3.3 Further Proof of Residence at New Address

On 21/09/2023, I received a bill from Virgin Media addressed to me at my current residence at XXXXXXXX

3.4 Unaware of Further Proceedings

3.4.1. On 23/03/2024, I received a letter from DCBL addressed to me at XXXXXXXXX notifying me of an unpaid County Court Judgement dated 19/10/2023 amounting to £399.47. This was the first time I had heard anything back regarding this case since I submitted my defence from my student accommodation back on 31/12/2022. This letter is attached.

3.4.2 I immediately contacted Citizens Advice for guidance. I then emailed DCB Legal on 26/03/2024 for more information on the claim and CCJ.

3.4.3. I received a reply from DCB Legal on 28/03/2024. They informed me that on 08/06/2023 the Court had issued a General Sanctions Order that gave me 7 days to file my N108 DQ with the court, failing which my Defence would be struck out.

3.9.3 However, I never received the N180 form** issued on 08/06/2023 due to having moved address during the long delay since submitting my defence and being abroad on holiday at the time.

4. Conclusion

I believe the court should set aside the CCJ due to the lack of proper service of the N180 form at my current address. I was ready to defend the original claim, as evidenced by my submitted defence.

Statement of Truth:

I believe that the facts stated in this Witness Statement are true.
Full name: XXXXXXXXXXX
Signed: ______________________

Evidence enclosed:

Coupon-mad

Yes looks good.  But you won't get this I'm afraid:

"c. Order for the claimant to pay me £275 as reimbursement for the set aside fee."

You need to decide whether to pay £275 for a hearing of this application, or trust the Worthing Judges and pay the lower fee - £108 - and tick 'without a hearing'. Your choice.

The C did nothing wrong. The court will likely agree to set aside the CCJ and resuscitate the claim to be listed for a hearing.

In your N244 state that you are seeking an Order to set aside the CCJ pursuant to CPR 13.3, there being very good reasons why this defended claim should proceed to a hearing.

Was your defence strong by the way?  What is the claim all about? No permit? Overstay?

Mikeh2001

the statement of truth needs to be updated to reflect the latest guidance: https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part22/pd_part22 (2.2)

3.4.3. has a typo

Numbering of paragraphs is off after: 3.4.3

Blazedsin

Ok, main thing is we want the CCJ removed so not necessarily a big deal. Might take the risk and try without a hearing.

In your N244 state that you are seeking an Order to set aside the CCJ pursuant to CPR 13.3, there being very good reasons why this defended claim should proceed to a hearing.

Put in 3. (order I am asking court to make):  "Set aside CCJ pursuant to CPR 13.3 and for court to issue a N180 directions questionnaire to the D's current address. Should be set aside in view of the prompt action of the D, there being a defence in the case and the D did not receive the subsequent N180, having been a student in temporary short-term University accommodation who had moved away during the long delay period between defence and N180." 

Was your defence strong by the way?  What is the claim all about? No permit? Overstay?

Essentially, she paid £200 for a permit from Sussex University to be able to park on campus. They only give these in special circumstances... Hers being that she was a carer for her little brother and would need her car to be able to get back to him if required. She parked by her accommodation on the campus with the permit clearly displayed in the vehicle. She was parked in this parking position as shown here (you can see the double yellows break and this was tarmac when she parked there):

This was the sign nearby:


She has multiple photos of her car parked there with the valid permit displayed in the car.

Came back to her car to find the man giving her the ticket in 2022 and showed him her permit. He said sign says no parking. She argued the sign says not clearly displaying a valid permit, which she was. He agreed but said you need to take it up with the parking company. Sussex university were useless in helping and said the same. 8 months later, she had the claim come through. She submitted her defence:

"I wish to dispute the claim made against myself by First Parking LLP for the following reasons. Before starting at the University of Sussex I requested a parking permit due to personal family reasons, the University agreed to my request and as such I was issued with a parking permit which allowed me to park on site. The parking permit number was XXXXXXXX and expired on 31 August 2022. I can provide evidence of this if requested. I note the date of the Penalty Notices in question we issued on 24th March 2022, reference XXXXXXX and 7 April 2022, reference XXXXXX.

Charge Notice (PCN) of £60 will be issued in the following circumstances. “Not Clearly Displaying a Valid Permit.” I can provide a photograph of this sign along with images of my car parking location as well as an image showing the permit on display in my vehicle if requested. I’d like to make the court aware that I have attempted to discuss this matter directly with First Parking when the notices were issued, however they have refused to discuss this matter or accept that a valid parking permit is displayed. I am concerned that it has taken First Parking 8 months to file this claim in the County Court and that the timing of the claim coincides with the festive period where most students leave campus or rented accommodation during the first week of December and do not return until the middle of January. By issuing the claim at such time when students are not at their rented accommodation prevents defences being submitted which appears to be an underhanded tactic to claim for monies relating to PCN’s where a student has followed the rules purchasing and displaying a parking permit allowing them to park on campus. Based on the information provided I would like to dispute the whole of the claim issued against me and I’ll be more than happy to send further images and or information if requested. I look forward to hearing from you"

Blazedsin

And the photos of the car are here:

Coupon-mad

Put in 3. (order I am asking court to make):  "Set aside CCJ pursuant to CPR 13.3 and for court to issue a N180 directions questionnaire to the D's current address. Should be set aside in view of the prompt action of the D, there being a defence in the case and the D did not receive the subsequent N180, having been a student in temporary short-term University accommodation who had moved away during the long delay period between defence and N180." 

Very good.

And even better that she has a very strong defence.  There's no signs/lines at that parking area and (even looking at the sign elsewhere) no contractual term was breached.

Blazedsin

How is this draft order? Am I right to put worthing county court ? If all is well my partner will email this and ring up to pay this morning.

DRAFT ORDER
IN THE COUNTY COURT AT

Worthing County Court and Family Court

______________________________________________

CLAIM No: XXXXXXXX

BETWEEN:

First Parking Llp (Claimant)

-- and --

XXXXXXXX (Defendant)
______________________________________________
DRAFT ORDER
UPON reading the Defendant’s application dated 28th March 2024 and the annexed witness statement of XXXXXXXX dated 28th March 2024
______________________________________________

IT IS ORDERED THAT:
1. The County Court Judgement dated on 19/10/23 be set aside
2. The original claim be dismissed.

Harvez63

I might be reading this wrong, but £167 between hearing or not, isn't the sort of 'risk' I'd like to take when dealing with a CCJ on the line. It'll cost you that on your first any kind of insurance renewal if the CCJ sticks 

Blazedsin

Thanks, good point.

@Coupon-mad - does this draft order look okay? Going to get it submitted today and call up to pay.