Starting the process of trying to get CCJ set aside

Mega_Maniac

Hi,
So I discovered a CCJ for a parking fine on my credit file 5 days ago - 21st March.

The CCJ was issued on 18th March 2022.

I have since rung the court and they have forwarded me the POC.

Claimant: SIP PARKING LIMITED
THE DRIVER AND/OR REGISTERED KEEPER OF VEHICLE REGISTRATION RX14XDK INCURRED THE PARKING CHARGE (‘CHARGE’) ON THE RELEVANT LAND AT TARIFF STREET, MANCHESTER FOR ‘INVALID SESSION PURCHASED’. THE CHARGE WAS INCURRED AS THE TERMS OF THE CONTRACT (THE ‘SIGN’) WERE BREACHED AND IT IS STATED ON THE CONTRACT THAT SHOULD THERE BE A BREACH, A PARKING CHARGE WILL BE INCURRED TO THE SUM OF £100.00, SUBJECT TO DISCOUNT FOR PROMPT PAYMENT. THE CLAIMANT SEEKS RECOVERY OF THE SUMS DUE UNDER THE PROTECTION OF FREEDOMS ACT 2012 S56 SCHEDULE 4. THE PARKINGCHARGE WAS ISSUED AT 13:34:45 ON 02/12/2019 UNDER THE NOTICE REFERENCE OF XXXXXXXX THE AMOUNT CLAIMED IS FOR THE CONTRACTUALLY AGREED TO SUM OF £100.00, DEBT DAMAGE COSTS OF £60, PLUS COURT FEES.

I was oblivious to this parking fine until 5 days ago. I have moved house 2 times since the original date this was issued (02/12/2019), I updated my address on the electoral roll both times, but not on the open register.

I am aware there is a wealth of information and example cases to rely on for my initial correspondence and I plan to do so.

My initial question is: should I first contact SiP Car Parking and request any information they hold on this case? Or is the POC adequate information with which to file the N244 and accompanying witness statement?

Nellymoser

Did you update address on your V5C when you moved?

Coupon-mad

No, don't ask for further info.

This week, before Easter, send SIP the email suggested by @troublemaker22 which is in the CCJ set aside section and which says they breached the IPC Code of Practice & CPRs by using an old unchecked 2019 address for a claim in 2022.  As such the CCJ is their fault and they should pay the £108 fee and consent to set the CCJ aside without quibble nor cost to the Defendant.

Mega_Maniac

Nellymoser said:

Did you update address on your V5C when you moved?

I updated the V5C on 6th August 2020. I am not sure about the period between the apparent issuing of the fine and this date. It is possible it was registered at the old address at this point. 

No, don't ask for further info.

This week, before Easter, send SIP the email suggested by @troublemaker22 which is in the CCJ set aside section and which says they breached the IPC Code of Practice & CPRs by using an old unchecked 2019 address for a claim in 2022.  As such the CCJ is their fault and they should pay the £108 fee and consent to set the CCJ aside without quibble nor cost to the Defendant.

Thanks, I'll look into this now. 

Mega_Maniac

Coupon-mad said:

No, don't ask for further info.

This week, before Easter, send SIP the email suggested by @troublemaker22 which is in the CCJ set aside section and which says they breached the IPC Code of Practice & CPRs by using an old unchecked 2019 address for a claim in 2022.  As such the CCJ is their fault and they should pay the £108 fee and consent to set the CCJ aside without quibble nor cost to the Defendant.

Sorry - are you referring to this post: https://forums.moneysavingexpert.com/discussion/comment/80636476/#Comment_80636476 ?

It is under the statement ""If they used an old address then miraculously found you after CCJ..." (this did not happen, I had no idea bout the CCJ until I looked at my credit file) and is written to a solicitor - should I still use this and reword it but directly to SIP. I'm looking for other posts by toublemaker22 at the moment incase I have the wrong one. 

Coupon-mad

Obviously you remove the odd bit....

Mega_Maniac

Coupon-mad said:

Obviously you remove the odd bit....

No problem, I just wanted to check I had the right email template and that it applied in my circumstance. 

Mega_Maniac

So I have modified the email for sending to SIP, if anyone would mind casting an eye over it I would be most grateful:

I would note: I had to remove the part about the court contacting me easily as they had not done so. They in fact also had an incorrect address for me when I phoned up for the information about the case. I did not ask what previous address they had, but they did update it. What records should the CNBC be using to find my address? Can they use the Electoral Register to do so (not the Open Register)? I realised the bank that my some credit websites have as my 'primary' is for a bank account I do not use much - and the address for this bank was an old address until today. However I have only just put this house on the market and had not received correspondence there either. 

I am also unsure on point 2 below - I did not ask the court what address the claim was issued to - should I ring back and ask for this information? It was not included in the information they sent be via email when I requested they send me "any and all info they hold on the case".

URGENT

Dear Sirs,

SIP PARKING LIMITED (THE ‘CLAIMANT’)  V Dylan Evans CLAIM REFERENCE ------

On 21st March 2024, I discovered a CCJ had been issued against me dated 18th March 2022, this was discovered after checking my credit file and was the first time I became aware of any judgment or fine issued against me. This came as a tremendous shock as I have had no communication from the Claimant or any organisation representing the Claimant in relation to this claim.   

I made immediate enquiries of the CNBC from which I was able to establish that:

1.   the claim relates to an alleged parking event in February 2019;

2.   the claim form was sent to an old address at which I no longer reside; and

3.   if I had been given the opportunity to do so, I would have successfully defended the claim.

I did not receive any pre-claim correspondence, not even a letter of claim as required by the PAP. Nor did I receive the claim form or any particulars of claim and was thus deprived of the ability to defend the claim. The Claimant is well aware that people move home from time to time. They also know that I did not respond to any communications sent to me at my old address.

This situation is explicitly dealt with in the Civil Procedure Rules which provide at CPR 6.9(3):

 (3) Where a claimant has reason to believe that the address of the defendant … is an address at which the defendant no longer resides or carries on business, the claimant must take reasonable steps to ascertain the address of the defendant’s current residence or place of business (‘current address’).

The Claimant is a member of the British Parking Association (the ‘BPA’) and is bound by the BPA’s Code of Practice which gives voice to CPR 6.9(3) in the following terms:

 24.1c 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.

 If the Claimant had taken the actions required by the Civil Procedure Rules and the Code of Practice, my current address would have been found easily.

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 the judgment must be set aside at the Claimant’s expense and the claim dismissed because it is now too late for the particulars of claim to be re-served.

In view of the foregoing, I invite the Claimant to join with me in an application to set aside the judgment and dismiss the claim, with the Claimant paying the court fee and no order as to costs.

Please respond to the above offer as soon as possible so that, if the offer is acceptable to the Claimant, we can work together to right the wrong that the Claimant has done to me.

To give you a reasonable time to take instructions and for us to agree a suite of documents for the Court, I am willing to defer making a unilateral application to set aside the judgment until 4 pm on 10 April 2024. If a joint application has not been made by that time, I intend to instruct a solicitor to apply to the Court unilaterally for an order setting the judgment aside, striking out the particulars of claim, dismissing the claim and awarding costs against the Claimant on a full indemnity basis.

Pease respond by immediate return.

Yours faithfully,

Mr Dylan Evans

Mega_Maniac

Just a bump before I send this off to them.

Coupon-mad

SIP are not a BPA member so that's the wrong Trade Body.

What records should the CNBC be using to find my address?

The CNBC have no duty to check addresses. SIP had that duty.

Mega_Maniac

Coupon-mad said:

SIP are not a BPA member so that's the wrong Trade Body.

What records should the CNBC be using to find my address?

The CNBC have no duty to check addresses. SIP had that duty.

Thanks for pointing that out, I believe I have found the relevant part in the IPC code of conduct and amended my letter: 

URGENT

Dear Sirs,

SIP PARKING LIMITED (THE ‘CLAIMANT’)  V Dylan Evans CLAIM REFERENCE J0QZ199J

On 21st March 2024, I discovered a CCJ had been issued against me dated 18th March 2022, this was discovered after checking my credit file and was the first time I became aware of any judgment or fine issued against me. This came as a tremendous shock as I have had no communication from the Claimant or any organisation representing the Claimant in relation to this claim.   

I made immediate enquiries of the CNBC from which I was able to establish that:

1.   the claim relates to an alleged parking event in February 2019;

2.   the claim form was sent to an old address at which I no longer reside; and

3.   if I had been given the opportunity to do so, I would have successfully defended the claim.

I did not receive any pre-claim correspondence, not even a letter of claim as required by the PAP. Nor did I receive the claim form or any particulars of claim and was thus deprived of the ability to defend the claim. The Claimant is well aware that people move home from time to time. They also know that I did not respond to any communications sent to me at my old address.

This situation is explicitly dealt with in the Civil Procedure Rules which provide at CPR 6.9(3):

 (3) Where a claimant has reason to believe that the address of the defendant … is an address at which the defendant no longer resides or carries on business, the claimant must take reasonable steps to ascertain the address of the defendant’s current residence or place of business (‘current address’).

The Claimant is a member of the International Parking Association (the ‘IPC’) and is bound by the IPC’s Code of Practice which gives voice to CPR 6.9(3) in the following terms:

22.1 Operators must take reasonable steps to ensure that the Motorist’s details are still correct if 12 months have passed from the Parking Event before issuing court proceedings.

 If the Claimant had taken the actions required by the Civil Procedure Rules and the Code of Practice, my current address would have been found easily.

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 the judgment must be set aside at the Claimant’s expense and the claim dismissed because it is now too late for the particulars of claim to be re-served.

In view of the foregoing, I invite the Claimant to join with me in an application to set aside the judgment and dismiss the claim, with the Claimant paying the court fee and no order as to costs.

Please respond to the above offer as soon as possible so that, if the offer is acceptable to the Claimant, we can work together to right the wrong that the Claimant has done to me.

To give you a reasonable time to take instructions and for us to agree a suite of documents for the Court, I am willing to defer making a unilateral application to set aside the judgment until 4 pm on 10 April 2024. If a joint application has not been made by that time, I intend to instruct a solicitor to apply to the Court unilaterally for an order setting the judgment aside, striking out the particulars of claim, dismissing the claim and awarding costs against the Claimant on a full indemnity basis.

Pease respond by immediate return.

Yours faithfully,

Mr Dylan Evans