Need Urgent help Please – received a letter from DCBL dated 30/04/2024 received 07/05/2024 – CCJ

Zbubuman

Stressed_Out_VG said:

Zbubuman said:

Looks good - With regards to your queries in RED. 

1. yes , put your current address
2. Yes you can use utility bills, poll cards, etc

@Zbubuman Thanks.  Would you mind looking at  the following:

Paragraph 6 & 10 - they both say something similiar , "I am unsure of the specific dates that the claim was made."   - is this correct wording to use as in one of the emails PE said “In this instance, 4 letters were issued prior to legal action but unfortunately, ParkingEye received no response. Our original notices outlined the appeals procedure offered by ParkingEye and provided a period of 28 days from the date of our initial correspondence to send any documentation you believe would aid an appeal to us directly. ParkingEye run a dedicated appeals team who consider each appeal on a case by case basis but we note that in this instance, no such appeal was lodged. ParkingEye thereafter issued a county court claim on 19/02/2024 to recover the outstanding amount”)

Then paragraph 14 (I left this in from your template but how do I know if BPA do a soft trace?) - 

"British Parking Association (BPA) Code of Practice which requires a soft trace to be undertaken was not followed. The BPA Code of Practice 2024 - Version 9 (February 2024), Clause 24.1 b states; "

Lastly you refer to "CEL V CHAN and other judgments" as an exhibit and I refer to it in paragraph 63 .(Where do I find this?)

Para 6 is fine, just put "I am unsure of the specific dates that the claim was made - remove the middle ( which i think is you explanation) and lave the end bit "however, it has been more than four....."

Para 10 is fine - just remove the "I am unsure bit" you don't need it in there. 

Don't worry about the soft trace , it is the claimants job to prove that they followed protocol.

With regards to CEL v Chan there should be a pdf with all the rulings ( just need to search the forum). But I should have a copy of this in my files and will try to send it to you directly. 

Coupon-mad

The multiple judgments link was posted last week by @Le_Kirk. Easy to find. No link.

Stressed_Out_VG

@Zbubuman @Coupon-mad - hopefully the last few questions:

1. Do I list at the end of the letter what each Exhibit refers too like I did in the draft example? Or do I just attach them to the email I am sending with no reference to them anywhere?

2. In my Paragraph 57 there is a sentence:

" .... "); and (b) the relevant time for doing so has expired. In this case, the claim form was not validly served in [month/year] due to failure to check for a current address (CPR 6.9 (3))"

Do I need to add anything in there for the month/year? (If so what would it be)?

Coupon-mad

Just get rid of 'in month/year'.

You do not attach exhibits that you haven't referred to in your WS. Refer to them all by number and say what they are.

Stressed_Out_VG

Coupon-mad said:

Just get rid of 'in month/year'.

You do not attach exhibits that you haven't referred to in your WS. Refer to them all by number and say what they are.

@Coupon-mad

I am just referring to the Exhibits that I will be sending along with the N244 form, WS and the Draft Order.  So at the end of the WS once I have signed it, can I make a list out of all the Exhibit numbers I am using within the WS eg.:

EXHIBIT-XX-01 - Virgin Media Bill
EXHIBIT-XX-02 - Credit Report

KeithP

Stressed_Out_VG said:

Coupon-mad said:

Just get rid of 'in month/year'.

You do not attach exhibits that you haven't referred to in your WS. Refer to them all by number and say what they are.

I am just referring to the Exhibits that I will be sending along with the N244 form, WS and the Draft Order.  So at the end of the WS once I have signed it, can I make a list out of all the Exhibit numbers I am using within the WS eg.:

EXHIBIT-XX-01 - Virgin Media Bill
EXHIBIT-XX-02 - Credit Report

Traditionally exhibits are labelled with the party's initials and a sequential number.
So perhaps your exhibits should be labelled Exhibit SOV-01 and Exhibit SOV-02.
(replacing 'SOV' with something more meaningful of course)

Stressed_Out_VG

KeithP said:

Stressed_Out_VG said:

Coupon-mad said:

Just get rid of 'in month/year'.

You do not attach exhibits that you haven't referred to in your WS. Refer to them all by number and say what they are.

I am just referring to the Exhibits that I will be sending along with the N244 form, WS and the Draft Order.  So at the end of the WS once I have signed it, can I make a list out of all the Exhibit numbers I am using within the WS eg.:

EXHIBIT-XX-01 - Virgin Media Bill
EXHIBIT-XX-02 - Credit Report

Traditionally exhibits are labelled with the party's initials and a sequential number.
So perhaps your exhibits should be labelled Exhibit SOV-01 and Exhibit SOV-02.
(replacing 'SOV' with something more meaningful of course)

Thanks @KeithP

I have used my initials in the WS to label the Exhibits.  I was just using that as an example.

Stressed_Out_VG

@Johnersh @Coupon-mad @Zbubuman - can you please look at the following and let me know if I have done it correctly?


Details for N244

Name of court: Civil National Business Centre

Claim no. XXXXXXXX

Claimant's name (inc. ref:) Parkingeye Ltd - XXXXX (I put the ref number I found on the POC that CNBC sent me)

Defendant's name (inc. ref): Ms XX XXXXX (not sure what I need to put as a ref)

Date: 30/06/2024

1. Name & Surname

2. Ticked - Defendant

3. An order that the judgement in default is set aside pursuant to CPR 13.2, alternatively 13.3, and the defendant be allowed to file a defence in the case. The defendant only discovered the judgment when they received a letter from DCBL.  The Claimant served proceedings at an address not used by the Defendant since November 2023. The Claimant found the current address soon after the default judgment.  (Is this wording correct?)

4. Yes

5 - 9a - I have left blank as they said it was not necessary to fill this in

10. ticked - the attached witness statement (do I need to tick anything else?)

What is "the statement of case?"

Do I need add anything into the box?

11. Ticked - No

Statement of Truth

Ticked - I believe that the facts stated in section 10 (and any continuation sheets) are true.

Signature - I will sign this 

Ticked - Applicant

Date: 30/06/2024

Full Name: XX XXXX XXXXX

Le_Kirk

In your draft Word order, you should put the dates were they are firm and fixed, for example the date of the default CCJ and any hearings or proceedings.  It is normal to leave blank any dates in the future such as "If by xx/xx/xx the claimant does not reserve the POC ..........." or "the defendant has until xx/xx/xx to file and serve an amended defence" but you have none of those.

Stressed_Out_VG

Stressed_Out_VG said:

@Zbubuman is this correct now and also I am correct in saying 4 months have passed?

CLAIM No: XXXXXXXX
BETWEEN:
PARKINGEYE LTD (Claimant)
-- and --
XXXX XXXX (Defendant)
______________________________________________
DRAFT ORDER
______________________________________________
IT IS ORDERED THAT:

UPON considering the application of the Defendant to set aside the Judgment by default entered on [date];

AND UPON reading the evidence in support of the application;

AND UPON the court taking note that the Claimant was not entitled to a default judgment, having failed to serve on Defendant's usual residential address;

AND UPON more than 4 months having passed (CPR 7.5 refers) from issue of proceedings [date]

IT IS ORDERED:

1.     The Judgment by default entered against the Defendant on [date] is hereby set aside.

2.     The claim be struck out as more than 4 months has passed from issue of proceedings on [date].

3.     Costs of the application be paid by the Claimant to the Defendant in the sum of £303.

@Le_Kirk - sorry is this what you are refering to?  I don't quite understand what you mean.