CCJ from Civil Enforcement Ltd - advice please

Emmanat

Thank you @Coupon-mad, I've amended as shown below. Does this work?

IN THE COUNTY COURT

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 (CA-2024-001179, Court of Appeal, 4 March 2025), where the court 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 The court emphasised that serving a claim at an outdated address, without reasonable diligence, renders the judgment void. A transcript of the Court of Appeal hearing is attached separately.

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 (CA-2024-001179, Court of Appeal, 4 March 2025)

3.1.1 The Court of Appeal in VCS Ltd 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.

3.1.3 A transcript of the Court of Appeal hearing is provided separately for the court’s reference.

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 £350 for loss of earnings due to attending court.

5. COSTS ASSESSMENT

5.1 The Defendant seeks reimbursement of xxx 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 (CA-2024-001179, Court of Appeal, 4 March 2025) (separate PDF copy of transcript attached)

- Civil Enforcement Ltd v Chan (Luton County Court, August 2023) (separate PDF copy of transcript attached)

- CPMS Ltd v Akande (Manchester County Court, May 2024) (separate PDF copy of transcript attached)

Coupon-mad

I'd move 2.2 down so that everything you say about Carr is in one group of paragraphs.

A transcript of the Court of Appeal hearing is attached separately.

There isn't one, not yet.  There is:

A - a transcript of the preliminary decision by the CoA to allow Mr Carr to appeal, and

B - the official CoA live video of the hearing and decision on 4th March. 

Attach A and link B as well. 

Emmanat

Thanks @Coupon-mad. I'll make the changes and send on. Wish me luck!

Coupon-mad

Don't forget the fact they didn't react or reply when in May 2024 you asked for consent to set aside. They cannot be heard to now be bleating 'if you'd contacted us we'd have consented and saved you from this hearing'!

And any Draft Order from them is a complete NO. Be heard, don't let the Judge rubber stamp their Draft Order.

Do NOT let the Judge think you were at fault for not updating your V5C because this wasn't about that.  The address changed in 2021 and the PCN was from 2021 so under the CPRs, and under the BPA Code, CEL MUST have carried out an address trace before litigation and they didn't.  Make sure the Judge watches the VCS v Carr hearing video from the Court of appeal 4th March.  Those Judges were spot on and sneered at VCS' legal chap when he tried to say that using a DVLA address was 'checking an address'!

No they said, DVLA addresses are only ever the 'starting point' and can never be checked again because that's not allowed, hence the parking operator MUST CARRY OUT A FURTHER ADDRESS CHECK.

VCS didn't.  

And in your case, CEL didn't. The conduct is the same AND they didn't even plead the breach (Chan and Akande!).

You must also have all your costs, same as in VCS v Carr.

Emmanat

Incredibly helpful! Thanks @Coupon-mad

Emmanat

So, semi-win at the hearing today. Had the judgment set aside, but the judge wouldn't strike out the claim as the N244 application didn't specifically state it and the Claimant wasn't present and unable to respond. Quite frustrating given CEL have been given ample time to respond both before and after submitting my application, but I now have 21 days to submit my defence.

The judge mentioned that my skeleton argument could form the basis of what I submit as a defence, is this true or will I need something more substantial?

Coupon-mad

Parts of it can go into your defence, but not the bits about the claim nit being served because that's been dealt with today.

Well done on killing off the CCJ!

Did the Judge award or 'reserve' your costs?

Emmanat

Costs reserved for now so hopefully I'll have a positive outcome there eventually. Better get drafting my defence. I'm assuming there are examples on the forum I can search for?

Thanks again for all your help!

Coupon-mad

Template Defence sticky thread at the top! But if the Claim Form was done by CEL in-house (not DCB Legal?) you also need the wording about claims signed by 'S Wilson' so search the forum for.

S Wilson name CPRs defence true

rachity

Only 1 employee?

(Penultimate page of link)

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