2 x CCJ's that i was not aware about

1505grandad

"...couldn't find any specific clauses in their cop about ensuring they have correct address when serving, so left it blank."

Look at para 22 of IPC CoP in version 8 or 9

Coupon-mad

Zbubuman said:

Thanks Coupon. i have amended the letter as follows. 

I did not receive any pre-claim correspondence, 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 Community (the ‘IPC’) and is bound by the IPC’s Code of Practice..

 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, and I would not have been deprived of the ability to defend the claim.

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 19 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.

You are hereby warned NOT to fake a consent order with the court at a later stage.

Please respond by immediate return.

Yours faithfully,

Replaced the BPA with IPC - couldn't find any specific clauses in their cop about ensuring they have correct address when serving, so left it blank.

Gladstones are the solicitors on this one, but I have added the fake consent bit anyway. From what im reading they all use the same dodgy tactics.

With regards to the henderson estoppel, if i am understanding this correctly. I have to apply for 2 separate hearings to set aside ( 2 forms and 2x£275), but in the defense of the 2nd hearing i include the Henderson Estoppel?

Yes.

I would state that by raising two claims they have doubled the waste to court time and also doubled the costs in setting aside the two CCJs (should have been one claim).  This, plus deliberately or negligently choosing the oldest address known AND exaggerating the interest at an imaginary - clearly disallowed - level of 10.25% (in one of the claims) Is wholly unreasonable conduct, which indisputably exposes Gladstones' client to full costs in both cases.  Over £600-£700 costs exposure which they are invited to avoid.

What does the intro to your email say? Needs to state clearly that this is about setting aside two CCJs in claim xxxxxx and xxxxxx .

And the end must be time-bound.  A deadline.

Zbubuman

Thanks coupon, below is the final draft. put both claims in one and changed to plural. Placed the relevant sections of the IPC COP, and moved the time limit to be the last paragraph of the letter. 

Dear Sirs,

UK CAR PARK MANAGEMENT LIMITED (THE ‘CLAIMANT’)  V [                        ] CLAIM REFERENCE [     xx        ] & [  xx    ]

On 4 February 2024, following a recent credit check I was informed of two outstanding county court judgments issued on xx/xx/xxxx & xx/xx/xxxx . This came as a tremendous shock as no communication or correspondence was received from the Claimant or any organisation representing the Claimant in relation to these claims.   

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

1.       the claims relate to alleged parking events in XXXXXXXX on XX/XX/XXXX & XX/XX/XXXX;

2.       the claim forms were 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 claims.

I did not receive any pre-claim correspondence, nor did I receive the claim forms or any particulars of the claims and was thus deprived of the ability to defend the claims. 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 Community (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, and I would not have been deprived of the ability to defend these claims.

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 forms were never properly served and the judgments must be set aside at the Claimant’s expense and the claims dismissed because it is now too late for the particulars of the claims to be re-served.

In view of the foregoing, I invite the Claimant to join with me in an application to set aside the judgments and dismiss the claims, with the Claimant paying the court fees 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 judgments until 4 pm on 19 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 judgments aside, striking out the particulars of the claims, dismissing the claims and awarding costs against the Claimant on a full indemnity basis.

Please respond by immediate return.

P.S - You are also hereby warned to refrain from using the nefarious tactic of sending a FAKE consent order to the courts at a later stage.

Yours faithfully,

Coupon-mad

Coupon-mad said:

I would state that by raising two claims they have doubled the waste to court time and also doubled the costs in setting aside the two CCJs (should have been one claim).  This, plus deliberately or negligently choosing the oldest address known AND exaggerating the interest at an imaginary - clearly disallowed - level of 10.25% (in one of the claims) Is wholly unreasonable conduct, which indisputably exposes Gladstones' client to full costs in both cases.  Over £600-£700 costs exposure which they are invited to avoid.

What does the intro to your email say? Needs to state clearly that this is about setting aside two CCJs in claim xxxxxx and xxxxxx .

And the end must be time-bound.  A deadline.

I say again, you need the above two things.

Zbubuman

Thank coupon. How is the below. 

Subject line - UK CAR PARK MANAGEMENT LIMITED (THE ‘CLAIMANT’)  V [                        ] CLAIM REFERENCE [     xx        ] & [  xx    ]

Dear Sirs

This is an invitation to your client Uk Car Park Management Limited to jointly apply to the court to set aside two CCJ's in respect of claims XXXXX & XXXXX.

Then I added the following 

I did not receive any pre-claim correspondence, nor did I receive the claim forms or any particulars ..................

Two claims were raised on behalf of the claimant where one would have sufficed (Henderson V Henderson); which has doubled waste to court time and also doubled the costs in setting aside the two CCJs. This, plus deliberately or negligently choosing the oldest address known AND exaggerating the interest at an imaginary - clearly disallowed - level of 10.25% Is wholly unreasonable conduct, which indisputably exposes your client to full costs in both cases. Over £600-£700 costs exposure which they are invited to avoid.

This situation is explicitly dealt with in the Civil Procedure Rules ...........................

With regards to being time bound. Forgive my naivety, but I thought this was addressed in the last paragraph 

To give you a reasonable time to take instructions and for us to agree a suite of documents for the Court,...... (the only thing I could think of, was to put the time & date in BOLD, so they are more prominent)

Coupon-mad

Yes that's better and yes, put the date in bold. In fact I'd get rid of this (below) as I realise it's Gladstones, not Elms legal:

"P.S - You are also hereby warned to refrain from using the nefarious tactic of sending a FAKE consent order to the courts at a later stage."

Instead just end by saying: if their client fails to recognise the value of the above as a far cheaper resolution to put right the wrong they caused, then two applications will be made to the CNBC by the end of April, without consent, and the client will be liable for all costs.

Zbubuman

Perfect, Here is the full draft in case someone needs to refer to it in the future. Will email to them first thing tomorrow morning with a 14 day deadline. 

Subject line - UK CAR PARK MANAGEMENT LIMITED (THE ‘CLAIMANT’)  V [                        ] CLAIM REFERENCE [     xx        ] & [  xx    ]

Dear Sirs

This is an invitation to your client Uk Car Park Management Limited to jointly apply to the court to set aside two CCJ's in respect of claims XXXXX & XXXXX.

On 4 February 2024, following a recent credit check I was informed of two outstanding county court judgments issued on xx/xx/xxxx & xx/xx/xxxx . This came as a tremendous shock as no communication or correspondence was received from the Claimant or any organisation representing the Claimant in relation to these claims.   

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

1.       the claims relate to alleged parking events in XXXXXXXX on XX/XX/XXXX & XX/XX/XXXX;

2.       the claim forms were 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 claims.

I did not receive any pre-claim correspondence, nor did I receive the claim forms or any particulars of the claims and was thus deprived of the ability to defend the claims. 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.

Two claims were raised on behalf of the claimant where one would have sufficed (Henderson V Henderson); which has doubled waste to court time and also doubled the costs in setting aside the two CCJs. This, plus deliberately or negligently choosing the oldest address known AND exaggerating the interest at an imaginary - clearly disallowed - level of 10.25% Is wholly unreasonable conduct, which indisputably exposes your client to full costs in both cases. Over £600-£700 costs exposure which they are invited to avoid.

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 Community (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, and I would not have been deprived of the ability to defend these claims.

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 forms were never properly served and the judgments must be set aside at the Claimant’s expense and the claims dismissed because it is now too late for the particulars of the claims to be re-served.

In view of the foregoing, I invite the Claimant to join with me in an application to set aside the judgments and dismiss the claims, with the Claimant paying the court fees 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 judgments until 4 pm on XX 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 judgments aside, striking out the particulars of the claims, dismissing the claims and awarding costs against the Claimant on a full indemnity basis.

If your client fails to recognise the value of the above far cheaper resolution, then two applications will be made to the CNBC by the end of April, without consent, and your client will be liable for all costs.

Please respond by immediate return.

Yours Faithfully

Mr X

Zbubuman

No Surprises - Gladstones did not reply. I did get their automated email confirming receipt but nothing following that. I'm currently filling the N244 form. Just posting below to make sure I'm doing it correctly.

Name of court : Blank
Claim no: XXXXX
Fee Account no: Unsure what to put here or if to leave blank ?
Help with Fees : NA
Warrant no: Blank
Claimants name : Name of parking company
Defendants name : My full name
Date: Date of filling out form

1. My full name
2. Defendant
3: order to set aside judgement ( will elaborate in a future post)
4: I am unsure on this. I presume to tick YES, if I am attaching the order as a separate sheet. 
5: hearing 
6: 30 minutes, NO
7: blank
8: district judge
9: Parking company & Gladstones
9a: Address for Parking company & Gladstones ? 
10:witness Statement & the evidence set out in the box below.
 

Coupon-mad

You are attaching separately:

- a Draft Order (a word document) not signed and with the dates blank

- your signed witness statement & evidence of moving addresses (all PDFs).

The court only needs to serve it to Gladstones.  Not to the parking firm.

You will have to do two applications.

Zbubuman

Thanks Coupon.  Draft order below. Witness statement will follow after 

DRAFT ORDER

UPON reading the Defendant's application dated xxxx of xxxxx and the annexed witness statement of xxxxxx dated xxxxxxxx

IT IS ORDERED that:

1. The default judgment dated xxxxx xxxxxx be set aside.

2. The Claimant to pay the Defendant’s costs of this application to the sum of £275

3. Unless the Claimant serves a copy of the Claim Form on the Defendant by 4 pm on [date] paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £275 and the claim shall be struck out.

4. If the Claimant serves the claim form as directed in paragraph 3 the Defendant shall file and serve a defence by 4pm on [date].

5. Should the Claimant discontinue the Claim after the CCJ is set aside, paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £275 plus the Defendant's costs for attending the hearing in any event.

6. That all enforcement be put on hold pending the outcome of the application.

I am not being chased by any debt recovery agents, so not sure whether point 6 still needs to be there ?