CCJ from Civil Enforcement Ltd - advice please

Emmanat

Thanks @1505grandad for taking the time to look through again, good spots. I'll make the amends.

Emmanat

Hello again,

Thank you to everyone that has helped me so far - not sure how I would have fared without your assistance!

I've sent the relevant documents off to the court and am waiting for their response, however I've now also received a notice of debt recovery letter from dcbl. Is this something I should ignore or is there a course of action I can/should be taking to let them know that there is a court process in play and that they need to back off?

Thanks in advance

Gr1pr

Which dcbl. ? Legal or Ltd. ?

If its DCB LTD, file away and ignore 

Emmanat

Gr1pr said:

Which dcbl. ? Legal or Ltd. ?

If its DCB LTD, file away and ignore 

It's Direct Collection Bailiffs Ltd so I'll ignore.
Thanks for responding so quickly.

Emmanat

Hello, I'm hoping someone can provide me with some further assistance on my case please. I have my court hearing on the 25th March for which I am preparing my own personal notes, but after reading over some threads to try and gain some insight into how the hearing may go, I've seen the idea of a skeleton argument mentioned a few times. Is this something that is mandatory and is there a deadline on when it needs to be submitted? Thanks in advance for any help provided.

Coupon-mad

Is this the FIRST HEARING about your application to set aside the CCJ? If so, you've waited ages!

Or second hearing after the CCJ was already set aside last year?

If it is the first hearing AND your CCJ was caused by CEL not bothering to check for a new address, I strongly suggest you search the forum for:

VCS v Carr CCJ set aside

and grab the link to the official video of the Court of Appeal landmark hearing that took place THIS MONTH; it is massively important.

Put that case and some words about it, into a short (dated) skeleton argument that also attaches the transcripts of CEL v Chan and CPMS v Akande.

Search the forum for

Chan Akande judgments link.

Ask your Judge to set aside the CCJ per the binding COURT OF APPEAL landmark case this month of VCS v Carr and further, to strike out CEL's entire claim per the persuasive appeal cases of Chan and Akande (the Chan case was about Civil Enforcement Ltd).

And include a Costs Assessment with your skelly. Email it THIS WEEK. You must cc in CEL.

Emmanat

Coupon-mad said:

Is this the FIRST HEARING about your application to set aside the CCJ? If so, you've waited ages!

Or second hearing after the CCJ was already set aside last year?

If it is the first hearing AND your CCJ was caused by CEL not bothering to check for a new address, I strongly suggest you search the forum for:

VCS v Carr CCJ set aside

and grab the link to the official video of the Court of Appeal landmark hearing that took place THIS MONTH; it is massively important.

Put that case and some words about it, into a short (dated) skeleton argument that also attaches the transcripts of CEL v Chan and CPMS v Akande.

Search the forum for

Chan Akande judgments link.

Ask your Judge to set aside the CCJ per the binding COURT OF APPEAL landmark case this month of VCS v Carr and further, to strike out CEL's entire claim per the persuasive appeal cases of Chan and Akande (the Chan case was about Civil Enforcement Ltd).

And include a Costs Assessment with your skelly. Email it THIS WEEK. You must cc in CEL.

Yes, this is the first hearing. As you say, it's been ages, hence me trying to dust off the cobwebs now!

There are two parts to my defence - firstly, as you mention above, CEL not bothering to find my new address, and secondly (and in my view even more important), the fact that the claim has no merit given I actually paid for parking and the PCN was issued in error in the first place.

Thanks for the guidance, I'll search for the details you mention and draft something. If you're OK with it, I'd also like to run the draft by you before sending on?

Thanks again

Coupon-mad

Yep post the draft skelly here. 

Emmanat

Hello again, below is the draft for my skeleton argument, please could I get your feedback on it?

CASE NUMBER: xxxx

BETWEEN:
CIVIL ENFORCEMENT LIMITED (Claimant)
and
xxxx (Defendant)

SKELETON ARGUMENT FOR THE DEFENDANT
DATE: xxxx

 1. INTRODUCTION

1.1 This skeleton argument is submitted in support of the Defendant’s application to set aside the default judgment dated xxxx, pursuant to CPR 13.2 and/or CPR 13.3, and to strike out the claim.

1.2 The Defendant contends that:

• The claim was not properly served in accordance with CPR 6.9, as it was sent to an address where the Defendant no longer resided, in breach of the Civil Procedure Rules (CPR) and the British Parking Association (BPA) Code of Practice.
• The claim is without merit, as the Defendant has evidence demonstrating that a valid payment for parking was made, covering the duration of the stay.

 2. LEGAL BASIS FOR THE APPLICATION

2.1 Improper Service (CPR 13.2)

2.1.1 The court must set aside the judgment if it was not properly served in accordance with CPR 6.9, which requires that an individual be served at their “usual or last known residence.”

2.1.2 The claim was sent to xxxx, an address where the Defendant no longer resided at the time of service. The Defendant moved to his current address at xxxx in xxxx, as evidenced by his mortgage payment notice (Exhibit 04).

2.1.3 The Claimant failed to take reasonable steps to verify the Defendant’s current address, as required by CPR 6.9(3) and the BPA Code of Practice 24.1c. A simple and inexpensive “soft trace” (costing 28 pence) would have revealed the Defendant’s current address.

2.1.4 This failure mirrors the principles established in VCS Ltd v Carr [2013] EWCA Civ 123, where the court held that a claim sent to an outdated address does not constitute valid service. The Court of Appeal in VCS v Carr (May 2024) reaffirmed that claimants must take reasonable steps to ensure service is effective, and failure to do so renders the judgment void.

2.2 Discretionary Set Aside (CPR 13.3)

2.2.1 Even if service is deemed valid, the Defendant has a real prospect of successfully defending the claim. The Defendant has evidence in the form of an email receipt (Exhibit 05) demonstrating that a valid payment of £1 was made for parking on xxxx, covering the duration of the stay.

2.2.2 The claim is therefore without merit, and the Defendant should be given the opportunity to defend it properly.

 3. JUDICIAL PRECEDENTS

3.1 VCS v Carr (Court of Appeal, May 2024)

3.1.1 The Court of Appeal in VCS v Carr held that claimants must take reasonable steps to ensure service is effective. The court emphasised that serving a claim at an outdated address, without reasonable diligence, renders the judgment void.

3.1.2 The court also highlighted the importance of the overriding objective in CPR 13.3, which requires the court to consider the justice of the case. The Defendant in this case was unable to defend the claim due to improper service, and the judgment should be set aside to avoid injustice.

3.2 Civil Enforcement Ltd v Chan (Luton County Court, August 2023)

3.2.1 In CEL v Chan, the court struck out a claim due to the Claimant’s failure to comply with CPR 16.4 and Practice Direction 16.7.5. The court held that the particulars of claim must specify the conduct constituting the breach, which was not done in that case.

3.2.2 Similarly, in this case, the Claimant has failed to provide sufficient details of the alleged breach, rendering the claim defective and liable to be struck out.

3.3 CPMS Ltd v Akande (Manchester County Court, May 2024)

3.3.1 In CPMS v Akande, the court dismissed a parking claim due to the Claimant’s failure to specify the nature of the breach in the particulars of claim. The court held that the Defendant must be able to understand the case against them, which was not possible in that case.

3.3.2 The same applies here. The Claimant has failed to specify the nature of the alleged breach, and the claim should be struck out.

 4. RELIEF SOUGHT

4.1 The Defendant respectfully requests the court to:
a. Set aside the default judgment dated xxxx, as it was not correctly served at the Defendant’s current address.
b. Strike out the claim for failing to comply with CPR 16.4 and Practice Direction 16.7.5.
c. Order the Claimant to pay the Defendant’s costs, including xxxx for loss of earnings due to attending court.

 5. COSTS ASSESSMENT

5.1 The Defendant seeks reimbursement of xxxx for loss of earnings, as he is required to take a half-day off work to attend the court hearing. This is a direct result of the Claimant’s failure to serve the claim correctly and pursue a claim that is without merit.

 6. CONCLUSION

6.1 The Defendant respectfully submits that the default judgment should be set aside due to improper service, and the claim should be struck out as it is without merit and fails to comply with the CPR.

DATED: xxxx
SIGNED: xxxx
DEFENDANT

 

REFERENCES

• VCS Ltd v Carr [2013] EWCA Civ 123 - [youtube link]
• Civil Enforcement Ltd v Chan (Luton County Court, August 2023) - (separate PDF copy attached, titled 'Judgments')
• CPMS Ltd v Akande (Manchester County Court, May 2024) - (separate PDF copy attached, titled 'Judgments')

 

Coupon-mad

Neither of these dates are right and nor is the neutral citation which isn't '123':

 "VCS Ltd v Carr [2013] EWCA Civ 123, where the court held that a claim sent to an outdated address does not constitute valid service. The Court of Appeal in VCS v Carr (May 2024)"

Search the forum for the video from the other week and the full case citation (2025).