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

Le_Kirk

You have no order as to costs; don't you want your fee back?

Blazedsin

Le_Kirk said:

You have no order as to costs; don't you want your fee back?

I don't think that we will get it back as she submitted her defence in Dec 2022, missed the N180 in June due to moving. DCB Legal argued that she should have updated her address with the court and themselves. To be fair to them, the N180 was sent to the address she sent her defence from... Only she was pregnant and dealing with a lot of other things such as moving 6 months later when they sent the N180... It wasn't in her mind anymore.

So unlike a lot of cases where the claim was sent to the wrong address - they had the correct address, she submitted her defence against the claim, and the N180 was sent 6months later.

Coupon-mad

They won't get the fee back. This has been discussed already.

Up to the D if they pay £108 and tick 'no hearing' and trust Worthing Court Judges (who are good) OR pay £275 for what looks like a possibly unnecessary hearing of a straightforward application that has evidence included to show that there is a defence in the case, and the D could not have received the DQ, she acted very promptly and there are compelling reasons why the CCJ should be set aside under the circumstances.

The Draft Order should say 'No Order As to Costs' as a third point.

BY THE WAY, IF PAYING £108 (TICKING 'NO HEARING') DO NOT BE TOLD BY CLUELESS COURT CLERKS THAT THE FEE IS £275 IN ALL CASES.  THEY ARE WRONG. PEOPLE HAVE BEEN TOLD THAT BEFORE.  NOT CORRECT.  PUSH BACK.

BE READY FOR BAD ADMIN AND CLERKS TELLING HER THE WRONG THING.

Le_Kirk

Blazedsin said:

Le_Kirk said:

You have no order as to costs; don't you want your fee back?

I don't think that we will get it back as she submitted her defence in Dec 2022, missed the N180 in June due to moving. DCB Legal argued that she should have updated her address with the court and themselves. To be fair to them, the N180 was sent to the address she sent her defence from... Only she was pregnant and dealing with a lot of other things such as moving 6 months later when they sent the N180... It wasn't in her mind anymore.

So unlike a lot of cases where the claim was sent to the wrong address - they had the correct address, she submitted her defence against the claim, and the N180 was sent 6 months later.

Coupon-mad said:

They won't get the fee back. This has been discussed already.

The Draft Order should say 'No Order As to Costs' as a third point.

OK, didn't read back through thread.

Blazedsin

Good evening,

We submitted the N180 form to the court, rang up and paid back in April. They finally processed it through the court at the end of May.

My partner (the defendant) has received the following email from DCBL since then:

Dear XXXXXXX,
 
We act for the Claimant in the above matter.
 
We are in receipt of your application to set Judgment aside and note that you allege to have moved out of "X XXXXXX" on 28/05/2023. You also suggest that you were on holiday between 31/05/2023 and 13/06/2023.
 
So that we may review this matter further, please provide us with evidence of your move of address or evidence that you were on holiday at the time the General Sanctions Order was issued to you.
 
We look forward to hearing from you within the next 14 days.
 
Kind Regards,  
 
XXXXXXXXXXXXXX
 
DCB Legal Ltd  

This was sent on the 19th. What are the next steps for us now? Do we send the evidence to DCBL via email as they have requested? Or do we ignore them and wait for court to make contact?

Thanks for any help.

Coupon-mad

Coupon-mad said:

They won't get the fee back. This has been discussed already.

Up to the D if they pay £108 and tick 'no hearing' and trust Worthing Court Judges (who are good) OR pay £275 for what looks like a possibly unnecessary hearing of a straightforward application that has evidence included to show that there is a defence in the case, and the D could not have received the DQ, she acted very promptly and there are compelling reasons why the CCJ should be set aside under the circumstances.

The Draft Order should say 'No Order As to Costs' as a third point.

BY THE WAY, IF PAYING £108 (TICKING 'NO HEARING') DO NOT BE TOLD BY CLUELESS COURT CLERKS THAT THE FEE IS £275 IN ALL CASES.  THEY ARE WRONG. PEOPLE HAVE BEEN TOLD THAT BEFORE.  NOT CORRECT.  PUSH BACK.

BE READY FOR BAD ADMIN AND CLERKS TELLING HER THE WRONG THING.

Which route did you choose out of the above?  Hearing or no hearing?

I don't think you showed us the WS and evidence of being away/moved that you sent with the N244?

Blazedsin

Hi @Coupon-mad
We picked the hearing option and paid the £275 as couldn't risk the CCJ in our position.

WS and evidence attached was as follows:

WITNESS STATEMENT – 28 March 2024

I, XXXXXXXXX, of XXXXXX 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.

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 (original address) 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 with relevant photos.

2. Change of Address and Pregnancy

On 28/05/2023, experiencing morning sickness due to pregnancy, I moved in with my partner at XXXXXXXXXXX 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 XXXXXXXXXXXX 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 XXXXXXXXXX

3.4 Unaware of Further Proceedings

3.4.1. On 23/03/2024, I received a letter from DCBL addressed to me at XXXXXXXXXX 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.

3.4.4 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. All the while being abroad on holiday at the time, whilst preparing for the birth of my child.

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. I at all times had a real prospect of successfully defending the claim but was unable to do so as I did not receive the N180 form.

 

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.

Full name: XXXXXXX
Signed:XXXXXXXXX

Evidence enclosed:

·         Original Defence with relevant photos (1.3)

·         Flight bookings (3.1.1)

·         Hospital Letter regarding ultrasound performed on 14 June 2023, addressed to XXXXXXXX at XXXXXXXXX. (3.1.2)

·         Email from DVLA confirming application to update address dated 30 June 2023. (3.2.1)

·         Photo of updated driving license displaying date of issue as 01/07/2023 (3.2.1)

·         Bill sent by virgin media, addressed to XXXXXXX at XXXXXXXXX. Dated 21/08/2023. (3.3)

·         Letter received from DCBL addressed to XXXXXXXX at XXXXXXXX, notifying of unpaid CCJ. (3.4.1)

Blazedsin

So we do have the evidence of holiday (flight bookings, plane tickets etc) 31/05-13/06
14/06 we had hospital appointment at Worthing hospital (near new address)

Evidence of new address is from updating driving license on 30/06.

They sent their N180 on 08/06 with 7 days to complete, and as it was sent to old address in Brighton, my partner had not received it and couldn't have completed it.

Coupon-mad

You should really have mentioned that your application was made under CPR 13.3 "some other good reason" that the case should continue and be heard, pointing out that you defended the PCNs and acted promptly when you heard about the CCJ in 2024.

You will be asked by the Judge why you (it seems?) failed to tell the court & Solicitor for the Claimant about the house move and not to use your old address.

You were in the middle of a live court claim.  This CCJ was bound to happen and the Judge will bear all conduct in mind.

Did you say you have a court date?

You need to add a skeleton argument to support the request to strike the claim out (due to CEL v Chan).  And to clarify that the application relies on the rule and discretion of the court in CPR 13.3 "some other good reason" given the extenuating circumstances and the prompt action in 2024 (as soon as CCJ was revealed) by a Defendant with real prospects of successfully defending if the claim is not struck out pursuant to the appeal judgment in CEL v Chan.

Blazedsin

In the N244 Form under section 3 we did put in CPR 13.3:

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 accomodation who had moved away during the long delay period between defence and N180.

Then under section 3:

After receiving the case by the claimant, I had promptly addressed (not ignored) the claim over the festive period of December 2022 by submitting a very strong, robust defense on 31/12/2022 (attached). I was ready to follow up with the pictures I have of the signage and my car parked from multiple angles with the valid permit displayed in the window. At all times I had very good prospects of success and I knew nothing at all about any Directions Questionnaire the following Summer. I had heard nothing more after submitting my defence.
The CCJ was for not responding to a DQ letter six months after I had defended, by which time, I was on holiday and had moved on from the property (XXXXXXXX).
I was on holiday from 31 May 2023 - 13 June 2023 in Greece. I was pregnant at this time and suffering with heavy morning sickness. Thus on 28 May 2023 in preparation for the mentioned holiday and for support from my partner, I decided to move in with my partner at his house (XXXXXXXXXX). This was also due to finishing as a student at Sussex University before going on holiday and XXXXXXXXX being temporary, short-term University accomodation. I did not return to XXXXXXXXXXXX.
On the 14 June 2023 I had an ultrasound scan at Worthing Hospital a day after returning from holiday.
On 23 March 2024, I received a letter in the post from DCBL, notifying me of an unpaid CCJ amounting to £399.47. The County Court Judgement was on 19/10/2023 and I was not notified about this at all until this letter on 23/03/2024. This came as a tremendous shock after hearing nothing in the long time since I had submitted my defence.  I immediately spoke to Citizens Advice and then contacted DCB Legal for more information on the claim and CCJ.
I have today been informed by the claimant that on 08/06/2023, the Court had issued a General Sanctions Order that gave me 7 days to file my DQ with the Court, failing which my Defence would be struck out. As represented in the above dates, I was unable to receive the N180 form after moving away from the property during the long delay period between defence and N180, and was in any case away on holiday at the material time whilst preparing for the birth of my child. The N180 was not received by myself at all.

Is that sufficient? 

We have not been given a court date and haven't been contacted by anyone other than DCBL via that email yet.