Parking fine resulting in CCJ letters sent to old address

IzabelaSmith1999

I didn’t attach my proof of address but everything else is on there, and can take my proof of address to court with me 

Coupon-mad

IzabelaSmith1999 said:

I didn’t attach my proof of address but everything else is on there, and can take my proof of address to court with me 

No you can't. That was the crux of your application, the fact you didn't get served with the claim form.  You had to prove that.

You'll have to attach it to your skeleton argument and costs schedule then.

I explained that in my last reply.

IzabelaSmith1999

Thank you for help.
my court hearing is next week on Friday, do you know long before I have to send the skeleton argument? 

Sorry I am just really stressed out by and don’t feel like they have given me enough time to prepare for this. 

IzabelaSmith1999

I have made a skeleton statement.
Please could I be advised if this is enough and is a strong statement. 

I will also attach relevant evidence and letters of proof.
Do I need to send this to the claimant and court? 

IN THE [NAME OF COURT]

Claim Number: [Insert Claim Number]

Between: [Claimant]

And: [Defendant: Your Name]

SKELETON ARGUMENT

1. Introduction

1.1. This is the Defendant’s skeleton argument in support of their application to set aside the judgment/order dated [insert date], on the grounds of improper service of the claim and exceptional circumstances that prevented the Defendant from responding.

1.2. The Defendant contends that:

The Claimant’s agent, DCBL (Direct Collection Bailiffs Ltd), served the claim to an outdated address, depriving the Defendant of the opportunity to defend the claim.

The Defendant only became aware of the proceedings after receiving a letter from DCBL notifying them of the County Court Judgment (CCJ).

The Defendant has a valid defense to the underlying claim.

1.3. The Defendant seeks:

An order setting aside the judgment dated [insert date]; and

The removal of the fine and any associated charges, as the Defendant disputes the validity of the claim.

2. Relevant Facts

2.1. On [insert date], the Defendant attempted to park at Feethams Car Park in Darlington while checking into the Premier Inn due to a flood in their home, which rendered it unsafe for their child because of mould.

2.2. The Defendant was unable to pay for parking as the car park meter and online payment service were not working. The Defendant briefly entered the car park to check into the hotel before leaving to use another car park.

2.3. The Defendant received one letter from Excel Parking at their correct address, [insert correct address], regarding the alleged parking violation. However, due to challenging personal circumstances, including fleeing an abusive relationship and managing the flood damage to their home, the Defendant was unable to act on the letter at the time.

2.4. No further correspondence or court claim documents were received by the Defendant until DCBL sent a letter notifying them of the CCJ, which had already been issued. This letter was sent to the Defendant’s correct address but only after the court hearing had taken place.

2.5. The Defendant has had no opportunity to defend the claim or present their case due to the failure to serve the claim to their current address.

3. Legal Framework

3.1. Under Rule 6.9 of the Civil Procedure Rules (CPR), service of court documents must be made to the Defendant’s last known address or an address where they can reasonably be expected to receive them.

3.2. Under CPR 13.2, the court must set aside a default judgment if it was entered without proper service of the claim.

3.3. Alternatively, under CPR 13.3, the court has discretion to set aside a judgment if the Defendant has a real prospect of successfully defending the claim or there is another good reason for doing so.

4. Argument

4.1. Improper Service:

4.1.1. The Claimant’s agent, DCBL, served the claim to an outdated address despite having access to the Defendant’s correct address, as evidenced by Excel Parking’s initial correspondence.

4.1.2. Service to an outdated address deprived the Defendant of the opportunity to respond to the claim or attend the court hearing.

4.2. Lack of Opportunity to Defend:

4.2.1. The Defendant only became aware of the proceedings after receiving a letter from DCBL notifying them of the CCJ, sent to their correct address but only after the judgment had already been issued.

4.2.2. The failure to properly serve the claim documents meant the Defendant had no ability to defend their case or make representations to the court.

4.3. Exceptional Circumstances:

4.3.1. At the time of the alleged parking violation, the Defendant was dealing with a flood in their property, which rendered their home uninhabitable and unsafe for their child due to mould.

4.3.2. The Defendant was also fleeing a domestic abuse situation with a baby, further compounding their challenges during this period.

4.3.3. These exceptional circumstances significantly impacted the Defendant’s ability to respond to the initial letter from Excel Parking or monitor correspondence effectively.

4.4. Valid Defense:

4.4.1. The Defendant briefly entered Feethams Car Park only to check into the Premier Inn and left shortly after because the parking meter and online payment system were not working.

4.4.2. The Defendant did not park or use the car park for its intended purpose and disputes the validity of the parking charge notice issued by Excel Parking.

4.5. Prejudice to the Defendant:

4.5.1. The improper service of the claim and the Defendant’s personal circumstances have significantly prejudiced the Defendant by denying them the opportunity to defend the claim on its merits.

4.6. Justice Requires Setting Aside the Judgment:

4.6.1. The Defendant has a real prospect of successfully defending the claim on its merits, as outlined above.

4.6.2. There is a good reason to set aside the judgment to ensure fairness and justice, given the exceptional circumstances and procedural failings in this case.

4.6.3. The Defendant also seeks the removal of the fine and any associated charges, as the underlying claim is disputed and lacks merit.

5. Relief Sought

5.1. The Defendant respectfully requests the court:

5.1.1. To set aside the judgment/order dated [insert date];

5.1.2. To direct that any future correspondence or proceedings be served to the Defendant at their correct address: [insert correct address];

5.1.3. To remove the fine and any associated charges.

6. Conclusion

6.1. The Defendant submits that the judgment/order was obtained improperly due to ineffective service of the claim and exceptional circumstances that justify relief.

6.2. Setting aside the judgment and removing the fine are necessary to ensure fairness and justice and to allow the Defendant an opportunity to present their case.

Dated: [Insert Date]

Signed: _______________________

[Your Name]

Coupon-mad

Skelly can go in on Friday. A week before a hearing is good.  And your costs schedule.

Remove all this, none of which goes in a skelly:

The Defendant has a valid defense to the underlying claim.

1.3. The Defendant seeks:

An order setting aside the judgment dated [insert date]; and

The removal of the fine and any associated charges, as the Defendant disputes the validity of the claim.

2. Relevant Facts

2.1. On [insert date], the Defendant attempted to park at Feethams Car Park in Darlington while checking into the Premier Inn due to a flood in their home, which rendered it unsafe for their child because of mould.

2.2. The Defendant was unable to pay for parking as the car park meter and online payment service were not working. The Defendant briefly entered the car park to check into the hotel before leaving to use another car park.

2.3. The Defendant received one letter from Excel Parking at their correct address, [insert correct address], regarding the alleged parking violation. However, due to challenging personal circumstances, including fleeing an abusive relationship and managing the flood damage to their home, the Defendant was unable to act on the letter at the time.

2.4. No further correspondence or court claim documents were received by the Defendant until DCBL sent a letter notifying them of the CCJ, which had already been issued. This letter was sent to the Defendant’s correct address but only after the court hearing had taken place.

Defence doesn't have an 's' in it;

There wasn't a court hearing. It was automatic;

It wasn't a fine.  Don't put stuff like this:

"4.6.3. The Defendant also seeks the removal of the fine"

You are meant to be putting the legal arguments and case authorities, plus the missing evidence of moving (which should have accompanied your WS but anything goes in small claims).

Look at what was in the CCJ set aside WS by:

@icy_fox

@Brightonrock123

That case law is what you want.

You've seen Feethams & Excel in the news?

IzabelaSmith1999

Thank you, I have read them both and will input some of the points in my skeleton argument.
I have also just received an email from dcbl; I have attached this below. 

Coupon-mad

Say no.  They want to avoid being clobbered with your costs!

IzabelaSmith1999

So do I just reply declining the offer? 

IzabelaSmith1999

Also please can you  advice, me do I send the skeleton arguments to the court email that is listed online and the solicitor representing the claimant that has already emailed me? 

Thank you for your help again

Coupon-mad

Yes.