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

Blazedsin

Ok, I am getting round to starting the skeleton argument now. I don't have much free time currently so going to work it together a bit each evening and send off at least a week before.

I just want to check...

Since we have applied the N244 form to set aside the CCJ - and the notice of hearing we got states "The hearing of the Defendant's application to SET ASIDE JUDGMENT" - does this mean the hearing is just the evidence about not being able to have received the directions questionnaire due to change of address, and therefore to set aside the CCJ? Or will it also include defending against the original parking charge?

LightFlare

Blazedsin said:

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.

The details of that are irrelevant to the case.

Its that address on the V5 document that is pertinent 

Coupon-mad

Blazedsin said:

Ok, I am getting round to starting the skeleton argument now. I don't have much free time currently so going to work it together a bit each evening and send off at least a week before.

I just want to check...

Since we have applied the N244 form to set aside the CCJ - and the notice of hearing we got states "The hearing of the Defendant's application to SET ASIDE JUDGMENT" - does this mean the hearing is just the evidence about not being able to have received the directions questionnaire due to change of address, and therefore to set aside the CCJ? Or will it also include defending against the original parking charge?

Almost certainly only to hear your application, especially if it's only 30 minutes.

But you should ask the Judge to consider striking the entire claim out (as was no doubt argued in your WS).

You should add a skeleton argument attaching the new Court of Appeal case of VCS v Carr.  Search the forum and copy what another poster is doing using that case and a skelly.

Blazedsin

We have received the following from DCBL , addressed to the court:

Dear Sirs, First Parking Llp -v- XXXXXXXXX
Claim Number: XXXXX

We write in relation to the above matter wherein we are instructed to act on behalf of the Claimant.

We have received the Defendant’s Application dated 28/03/2024 and note the content.

The Claimant submits that the Claim Form was served on the Defendant’s last known address pursuant to CPR 6.9. In accordance with CPR 6.9(3), the Claimant conducted a trace on the Defendant which located them at “XXXXXXXX”. The Claim Form was subsequently served on this address.

The Defendant filed a defence in response to the Claim Form and provided “XXXXXXXX” as their address for service. The Defendant alleges that between filing their defence and the Court issuing them with the General Sanctions Order, they had moved address and so were not in receipt of this Order.

The Claimant is unable to comment on whether the Defendant updated their address with the Court, however, it is submitted that the address was not updated with the Claimant directly. Evidence has been requested from the Defendant that shows they were residing elsewhere at the time the General Sanctions Order was served, but such evidence has not been forthcoming.

In any event, in consideration of CPR 1.1, the value of the claim, and the complexity of the issues at hand, the Claimant does not intend to oppose the Defendant’s application. The Claimant believes that the issue of whether Judgment ought to be set aside is a decision best left up to the Judge.

Should the Judge be minded to set Judgment aside, the Claimant respectfully asks that the enclosed Draft Order be considered and sealed.

We respectfully excuse our Client’s attendance at the hearing on 11th October 2024. This is meant with no disrespect to the Court, but is a decision made to save incurring any further costs

Should the Defendant also seek to recover the costs of making the Application to set Judgment aside, it is submitted that, pursuant to CPR 27.14, the Defendant is not entitled to costs incurred where the matter has been allocated to the Small Claims Track. Given the value of the debt, this matter would have been allocated to the Small Claims Track had the Defendant responded to the Claim Form.

Yours faithfully,
DCB Legal Limited 
-------------------------------------------------------------------------------------
(THEIR DRAFT ORDER):

Upon considering the Defendant’s application dated 28/03/2024 it is hereby ordered as follows:-

i. The Judgment dated 19/10/2023 is set aside;
ii. The Defendant be permitted to rely on the Defence filed on 03/01/2023;
iii. Directions Questionnaires to be issued to both parties;
iv. Standard Small Claims directions to follow; and
v. No Order as to costs.
--------------------------------------------------------------------------------------

Thoughts?

Blazedsin

Also , my partner remembers that she had other housemates who were still living at the student accommodation address when she had moved out and at the time of the general sanctions order being sent - and who she asked to let her know if there had been any mail. They did not notify her that any court letters (such as DQ) arrived but were pretty diligent about letting her know of other mail that had arrived, so don't think any chance they had binned it... is it worth mentioning this at hearing?

We really doubt that it was ever sent to the address... But in a tough spot since she did not update claimant or court of address when she moved. Kind of relying on the fact we were on holiday at the time the DQ was sent and for the 14 days you have to respond to it.

Blazedsin

Coupon-mad said:

Blazedsin said:

Ok, I am getting round to starting the skeleton argument now. I don't have much free time currently so going to work it together a bit each evening and send off at least a week before.

I just want to check...

Since we have applied the N244 form to set aside the CCJ - and the notice of hearing we got states "The hearing of the Defendant's application to SET ASIDE JUDGMENT" - does this mean the hearing is just the evidence about not being able to have received the directions questionnaire due to change of address, and therefore to set aside the CCJ? Or will it also include defending against the original parking charge?

Almost certainly only to hear your application, especially if it's only 30 minutes.

But you should ask the Judge to consider striking the entire claim out (as was no doubt argued in your WS).

You should add a skeleton argument attaching the new Court of Appeal case of VCS v Carr.  Search the forum and copy what another poster is doing using that case and a skelly.

Ok Thanks Coupon-mad 

So I should I attach the full case images from the CoA thread to my skeleton argument , citing why it is relevant to my case in it?

Is this thread [https://forums.moneysavingexpert.com/discussion/6553156/vcs-dcbl-own-space-2-claims-1-ccj/p2] the one I should be using to copy for skelly?

Coupon-mad

Actually no, because I've just seen your case is different in that the Defendant moved house in the middle of a live court claim and failed to tell the court service. Sadly the CCJ was caused by the Defendant not the Claimant so they won't get their costs (hopefully the D didn't have to pay £303 for this mistake?).

The good thing is that DCB have agreed, so the D should just agree to what they said in that draft order.  The Judge will love that. In and out in 5 minutes, especially as there is already a defence in the case.

DCB Legal will then discontinue before the second hearing and it will all be over.

Blazedsin

Ok thank you ! Yes we paid for the N244 which was £275 at the time... Didn't want to risk not having a hearing with judge as for our situation we want the CCJ cleared.

Is skeleton argument still necessary to send through to the court then, or should my partner (D) just enter the hearing and agree to DCB draft order?

Coupon-mad

Just enter the hearing and indicate they may agree to DCB draft order, except for one matter for the court to determine first:

The D can (likely*) argue for the whole claim to be struck out (no second hearing needed) using CEL v Chan and CPMS v Akande.

That could be worth a skeleton attaching those two transcripts.  I think the Judges at Worthing are good and would possibly strike the whole claim out...

*if the breach was not pleaded.

Show us:

- the claim form (redacted of data, claim no. and MCOL Password). Your first image in your OP was removed due to lack of redactions.

- the defence she put in. Not sure we ever saw it?

Blazedsin

It actually ended up being Brighton county court, in case that makes matters different.
Attached those two below:

Claim form (redacted info):


Her original Defense (redacted info):