CCJ after not receiving Parking Fine Documents

Xamxamxam

Ok thanks everyone, I'm learning a lot. Have used one linked from the NEWBIES thread. How does this look?:

WITNESS STATEMENT OF DEFENDANT

1.         I am xxxx of xxxxx, and I am the Defendant in this matter. 

2.         This is my supporting statement to my application dated xx September 2024 requesting to:

a.         Set aside the default judgment dated xx September 2024 as it was not properly served at my current address.

b.         Order for the original claim to be dismissed.

c.         Order for the Claimant to pay the Defendant £303 as reimbursement for the set aside fee.

DEFAULT JUDGMENT

3.         I was the registered keeper of the vehicle at the time of the alleged event.

4.         I understand that the Claimant obtained a Default Judgment against me as the Defendant on xx September 2024. I am aware that the Claimant is [xxx] and that the assumed claim is in respect of an unpaid Parking Charge Notice from 27th July 2023.

 

5.         The claim form was not served at my current address, and I was therefore unaware of the Default County Court Judgment against me until I became aware of the CCJ on my credit report on 19th September 2024.  

6.         I understand that the address on the claim is [xxx]. I moved to my current address xxxxx on 20th July 2023. In support of this, I have provided evidence that I registered my current address with the electoral register on [xx]. I also provide a utility bill registered to my current address dated [xx].  

 

7.         I understand that there was a delay of 7 months between the alleged event (on 27th July 2023), and the issue of the claim (on 26th February 2024). At the time the Claimant issued the claim, the vehicle was registered at the Defendant’s current, correct address, but that this address was not used by the Claimant.

 

8.         In addition to the above, it should be highlighted that the integrity and law-abiding intention of the Defendant should be taken into consideration on the basis that;

  

SEQUENCE OF RECENT EVENTS

9.         I first discovered there was a default County Court Judgment against me when the associated County Court Judgement appeared on my credit report on 19th September 2024.

10.       On 19th September 2024, upon discovering the County Court Judgment, I contacted the County Court Business Centre with the case refence noted on my credit report, to obtain relevant information relating to this default judgment. The representative transferred me to the Traffic Enforcement Centre, who I was told could provide more information. However, the TEC stated they were unable to provide any information as they did not recognise the required PCN.

 

11.       On 27th September I contacted Citizen’s Advice for further support. They said that they were unable to advise and suggested that I instead contact the debt charity Step Change.

 

12.       On 27th September I contacted debt charity Step Change, who advised that I submit a TE9 form, but also check on a reputable internet forum.

 

13.       On 27th September I was advised on an internet forum of the correct process to request a set-aside judgment.

14.      On XX September 2024 I submitted my case in order to set-aside this judgment and fairly present my case.

15.      I believe the Claimant has behaved unreasonably in pursuing a claim against me without ensuring they held my correct contact details at the time of the claim. I was therefore denied the opportunity to defend the claim. 

 

16.      On that basis, I believe the Claimant has not adhered to Civil Procedure Rules (CPR) 6.9 (3) where they had failed to show due diligence in using an address that the Defendant no longer resides. The Claimant did not take reasonable steps to ascertain the address of my current residence despite having over 7 months to establish an address. This has led to the claim being incorrectly served to an old address and an irregular judgment.

 

17.      Under CPR 13.2 The court must set aside a judgment entered under part 12 if judgment was wrongly entered.  Given that CPR 6.9 (3) was not met, CPR 13.2 applies and the CCJ should be set aside.

 

18.      Under Clause 24.1 C of the BPA Approved Operator Scheme Code of Practice Version 8 (January 2020), “Before serving a Letter Before Claim and prior to the issue of proceedings, Operators must, if no responses have been received to the NTD/NTK/reminder letters, take reasonable endeavours to ensure that the contact details for the person you are writing to are correct.” The Claimant failed to take reasonable endeavours to ascertain my correct current address prior to issuing proceedings and is therefore in breach of the Code of Practice. 

 

19.       The Defendant was 'there to be found' for the sake of a 29 pence bulk Experian trace or similar very inexpensive and immediate credit reference agency address check. I would then have been notified of this judgment and could have taken action to prevent it. 

 

20.       Given that more than 7 months has passed from issue of proceedings and service of the claim was defective (i.e. it was never served) the Defendant submits that this particular claim is dead and the period for service cannot be extended by this application process. The Defendant has no details of this claim, therefore, if the Claimant believes there is a cause of action then the correct procedure would be to file a claim afresh and to the right address, after furnishing the Defendant with the information required under the pre-action protocol for debt claims, issued this time to the correct address for service for this Defendant, which is xxxxxx

21.      According to publicly available information my circumstances are far from being unique. The industry’s persistent failure to use correct and current addresses results is an unnecessary burden for individuals and the justice system across the country.

22.      Furthermore, former Prime Minister May publicly pledged to investigate ‘abuse’ of the CCJ System and so called ‘Credit Clamping’ as reported in the Daily Mail article dated 12 September 2016. 

The Right Honourable Sir Oliver Heald on 23 December 2016 "announced a crackdown on unresolved debts which can damage people’s credit ratings without them knowing. The action comes after concerns were raised that companies were issuing claims to consumers using incorrect addresses." The Minister added, "It cannot be right that people who are unaware of debts can see their lives and finances ruined by county court judgments. That in the digital age, we must ensure companies pursuing unpaid debts make every reasonable effort to contact individuals, rather than simply relying on a letter to an old address.” 

23.      Considering the above, I was unable to defend this claim. I believe that the Default Judgment against me was issued incorrectly and thus should be set aside, and I ask the Court to kindly consider the reimbursement of the fee of £303 from the claimant should this request be successful.

 

Statement of Truth

I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth. 

 

Signed ________

 

Date __________

 

Coupon-mad

Remove 22. Really old stuff.

Replace it with the case law seen in the CCJ set aside thread by

@icy_fox

Xamxamxam

Ok great thanks. 

Xamxamxam

I've been reading through the examples on @icy-fox and @Zbubuman and I can't work out which is the most recent and relevant in this case. Is it possible for you to link me to the correct part that I should be using? 

Also, I saw you say in a previous thread that it is possible to have the hearing at a local court of the Defendant's choosing - is this correct, and if so, where/how is it possible to assert this preference?

Thanks so much for your help

Coupon-mad

Xamxamxam said:

I've been reading through the examples on @icy-fox and @Zbubuman and I can't work out which is the most recent and relevant in this case. Is it possible for you to link me to the correct part that I should be using? 

No link.  You just use their WS & case law.

Xamxamxam

This process is such a nightmare. How can they make it so perplexing...!?

So I have the documents ready to send. But where do I send it (Civil National Business Centre), and how do I pay??!

Coupon-mad

Either to the CNBC (or to your local court if they will take it; some will).

Attach your application, signed WS and exhibits (evidence of moving house) as PDFs by email, and also your Draft order as a Word document.

Then phone the fees number to pay (all the CNBC phone numbers are in the Template Defence thread announcement).

Xamxamxam

Ok thank you for your fast response. I hadn't got a Draft Order. How does this look: 

CLAIM No: XXX

BETWEEN:
[xxx] (Claimant)
-- and --
XXX (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 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 should be struck out as more than 4 months has passed from issue of proceedings [date].
3. Costs of the application be paid by the Claimant to the Defendant in the sum of £303.

 

Two more questions from me: 

1.     To check: is the issue of proceedings the date that the claim was issued – not the date of the court hearing?

2.     I haven’t cited CPR 7.5 in my WS. Should I still cite it here?

 

Thank you

Coupon-mad

 is the issue of proceedings the date that the claim was issued?

Yes. Was that over 4 months ago?

Your draft order must match the N244 "what Order are you asking for and why?"

Xamxamxam

Ok so I'm reading CPR 7.5 and I'm not sure if this does apply here. Events were:
- end July 2023: alleged event
- end Feb 2024: Claim issued 
- March 2024: Claim form served (I believe this is what they said when I called the CNBC).
- Sept 2024. 

Is there a specific section of CPR I should be citing to have the original claim dismissed? 


Currently the WS states: 

2.         This is my supporting statement to my application dated 7th October 2024 requesting to:

a.         Set aside the default judgment dated 13th September 2024 as it was not properly served at my current address.

b.         Order for the original claim to be dismissed.

c.         Order for the Claimant to pay the Defendant £303 as reimbursement for the set aside fee.

Thank you