Claim Form received at non-residential address for parking ticket from 2019

an1bc

Coupon-mad said:

Follow it up by email tomorrow and give then until Thursday to reply to your first email because you will otherwise prepare and file a N244 on Friday 17th May which will expose them to facing refunding your £303 in court fees plus hearing attendance costs.  Replying by Thursday, admitting their claim service and POC failure, providing a consent order (and agreeing that their client pays the £119 fee to resolve the CCJ they caused) has value to their client and a response by return is now expected, given the time first stated has expired.

Quick update on the case: I have received an email response from DCB Legal (2 days after the set deadline for response) - asking me to provide evidence that I do not reside at the address where my business is registered / where they served the notice for CCJ. They have requested a response 7 days from the date of the email, even though they have failed to act to my deadlines.

I am thinking of sending a photocopy of my driving licence, which shows my residential address - proving that it isn't the one where they have issued the CCJ.

Can you please advise whether this is the best course of action?

I am a bit wary of disclosing any personal information (ie. residential address) with them, incase they try to use it against me & send further threatening letters directly to my address.

Look forward to your response.

Many thanks.

Coupon-mad

Yes you should send proof of address but I'd choose a utility bill, not your driving licence (far too much personal data).

an1bc

Coupon-mad said:

Yes you should send proof of address but I'd choose a utility bill, not your driving licence (far too much personal data).

I sent the proof of my residential address, however they have replied that they are in fact looking for a proof that my business address is not my primary address.

Not sure how one can prove that they done live at a particular address.

At this point I am inclined to just submit an application directly with the court, as I feel like the solicitors are just making silly requests.

Can you please advise?

Coupon-mad

Yes.  Crack on. They are being obtuse and delaying you. As you've known about this CCJ since late April, now do the N244 this week. The latest exemplar accompanying witness statement is in the CCJ thread by @Zbubuman

an1bc

Coupon-mad said:

Yes.  Crack on. They are being obtuse snd delaying you. As you've known about this CCJ since late April, now do the N244 this week. The latest exemplar accompanying witness statement is in the CCJ thread by @Zbubuman

quick update on my case: I have had further correspondence from DCB legal - basically they were looking for a proof of address during the time when the CCJ was served i.e. feb-24. After providing evidence, they have agreed to set the judgement aside on the basis that I pay the fee of £119 for filing the consent order with the court.

I am tempted to just pay this off & close this matter, but just wanted your thoughts on whether this is the right approach?

Coupon-mad

Only if:

1.  You are not also required to pay the claim (obviously not!).

2.  They are the ones who will send in the Consent Order

3.  The Consent Order is properly drafted, such that the CNBC Judge agrees to allow it. These Consent Orders aren't automatic.

an1bc

Coupon-mad said:

Only if:

1.  You are not also required to pay the claim (obviously not!).

2.  They are the ones who will send in the Consent Order

3.  The Consent Order is properly drafted, such that the CNBC Judge agrees to allow it. These Consent Orders aren't automatic.

They have drafted the consent order & will file it with court upon receipt of payment & my signature. The main body text of the consent order is as below:

"Before an Officer of the Court

UPON the Claimant and the Defendant having agreed to the terms of this Order; 

AND UPON the Claimant accepting that, although the claim was correctly served at the Defendant’s last known address pursuant to CPR 6.9, the Defendant did not receive the claim form and therefore did not have opportunity to defend the claim; 

AND UPON the Defendant now providing evidence that they did not reside at the address where the claim form was served; 

AND UPON the Defendant potentially having grounds to defend the claim; AND UPON the parties agreeing that, in view of the above, there is some other good reason for Judgment to be set aside pursuant to CPR 13.3; 

IT IS ORDERED BY CONSENT THAT:- 

1. The Judgment entered on XX/XX/XXXX is set aside; 

2. The Defendant is to file and serve their Defence within 14 days from the date of the sealed Order; 

3. Standard Small Claims directions issued thereafter; 

4. No Order as to costs."

From legal point of view, do you see any concerns with the wording above?

Also, can you please advise on what would be the best way to dispute not paying the fee?

As always, thank you everything - wouldn't have progressed this far without your help & support.

Coupon-mad

IANAL but the wording might be OK.  I hate this bit, because they haven't:

"UPON the Claimant accepting that, although the claim was correctly served at the Defendant’s last known address pursuant to CPR 6.9, "

Not sure why this idea is any better than you applying without consent and asking for the whole claim to ve dismissed, though. 

All this Consent Order idea does is:

- costs you £119 (that you can't get back) to hopefully see the CCJ set aside - under the discretionary CPR 13.3 set aside rule 'some other good reason' - and IF the Judge accepts it, that you then be allowed to defend the claim at a hearing.  This lets them off all costs completely and lets them continue with the claim. Or wind you up until they discontinue it.  Leaving you £119 down and faced with defending the claim you knew nothing about.


Our recommendation is:

- to pay £303 direct to the CNBC - which you want ordered back against the Claimant - for an N244 application (without consent) to get the CCJ set aside at a hearing, this time under the mandatory set aside rule in CPR 13.2 (court cannot refuse).  AND ask the Judge to strike out the whole claim either 'for want of service within 4 months,' or due to the Particulars failing to meet CPR 16.  No need to defend it (if the Judge agrees to strike the claim out it is all over) and you aren't out of pocket. AND you've cost them £303 plus your hearing attendance costs if awarded.

an1bc

Coupon-mad said:

IANAL but the wording might be OK.  I hate this bit, because they haven't:

"UPON the Claimant accepting that, although the claim was correctly served at the Defendant’s last known address pursuant to CPR 6.9, "

Not sure why this idea is any better than you applying without consent and asking for the whole claim to ve dismissed, though. 

All this Consent Order idea does is:

- costs you £119 (that you can't get back) to hopefully see the CCJ set aside - under the discretionary CPR 13.3 set aside rule 'some other good reason' - and IF the Judge accepts it, that you then be allowed to defend the claim at a hearing.  This lets them off all costs completely and lets them continue with the claim. Or wind you up until they discontinue it.  Leaving you £119 down and faced with defending the claim you knew nothing about.


Our recommendation is:

- to pay £303 direct to the CNBC - which you want ordered back against the Claimant - for an N244 application (without consent) to get the CCJ set aside at a hearing, this time under the mandatory set aside rule in CPR 13.2 (court cannot refuse).  AND ask the Judge to strike out the whole claim either 'for want of service within 4 months,' or due to the Particulars failing to meet CPR 16.  No need to defend it (if the Judge agrees to strike the claim out it is all over) and you aren't out of pocket. AND you've cost them £303 plus your hearing attendance costs if awarded.

Thank you! I didn't realise DCB proposal meant that I would still have to defend the claim.

I will go with your recommendation & go down the N244 route - do I just fill in the form or will I need to provide a witness statement / other documents?

Also how would I go about claiming the £303 afterwards from DCB Legal / their client?

Coupon-mad

Of course you'll need more: you need a detailed WS, draft Order and attached evidence of the wrong address to accompany your n244.

Copy the CCJ set aside documents in the CCJ thread by @Zbubuman