CCJ help please - Moved house but had notified them

Coupon-mad

No solicitor. We do these will the time and know more about it than any solicitor, save for a couple of notable exceptions - e.g. Johnersh.

District Judge.

Ryman21

is it essential that i contact the ccbc to request my POC

KeithP

Ryman21 said:

is it essential that i contact the ccbc to request my POC

How else are you going to find out what you have been accused of doing wrong?

Coupon-mad

Ryman21 said:

is it essential that i contact the ccbc to request my POC

Yes. Phone call tomorrow at 8.30am. Don't ask for the Claim form by mistake.  POC.

Ryman21

thanks very much will get straight on it in the morning.

Ryman21

How is this for my Witness statement?

THE CIVIL NATIONAL BUSINESS CENTRE COUNTY COURT

Claim No. xxxxxx

BETWEEN:

Uk Parking Control Limited

Claimant

– and –

Defendant

xxxxx

_________________________________

WITNESS STATEMENT OF YOUR NAME
_________________________________

I , xxxxx of xxxxx , being the Defendant in this case will state as follows;

1. I make this Witness Statement in support of the application for an order that the judgment in this case (Claim No. xxxx Judgment dated 23/09/2024) be set aside.

2. I learnt of the existence of this claim on the 4/11/2024 when I received a letter from the Claimant requesting payment of the judgment detailed in paragraph 1. [EXHIBIT A]

3. My address changed in 20/6/2024. I informed the DPO via email on 14/7/2024 and received an email response back on the 19/7/2024 asking for proof of address. Proof of address was sent back via email on the 27/7/2024 by way of photograph of Driving license. EXHIBIT A

4. received no other correspondence at all from UK Parking Control or DCB Legal until I received a Letter from Direct Collection Bailiffs LTD to my current address on the 4/11/2024 in the form of a notice of debt recovery – unpaid county court judgment. This was a great shock to me as I had emailed the claimant to notify of address change. EXHIBIT B

5: On 8/11/2024 I made a written request via email to the Claimant/Solicitors inviting them to consent to set aside the judgment due to the reasons in paragraph 3 & 4. EXHIBIT C

6. The Claimant did not respond to my request.

7. I therefore respectfully request that the Court sets aside the judgment in this claim as the claimant has arguably misled the court since their files will show that service has not been effective to a correct address.

Statement of Truth

I, xxxx, the Defendant, believe the facts stated within this Witness Statement to be true.

Signed: _________

Dated: _____

As again thanks so much for any and all help!

Ryman21

I’ve been on to the CNBC And these are my POC

Particulars of claim

Xxxxxxxxxx

CIVIL NATIONAL BUSINESS CENTRE

Case Details

Page 1 of 1

   UK PARKING CONTROL LIMITED UNION HOUSE

111 NEW UNION STREET COVENTRY

CV1 2NT

1. The Defendant (D) is indebted to the Claim

ant (C) for a Parking Charge(s) issued to veh

icle xxxxxxx at Hedge End Trade Park, Hedge E nd Trade Park, Tollbar WAY, Southampton, Hamp shire, SO30 2UH. 2. The PCN(s) were issued on

28/03/2024 3. The defendant is pursued as th e driver of the vehicle for breach of the ter

ms on the signs (the contract). Reason:NO Par king Out Of Hours 4. In the alternative the d efendant is pursued as the keeper pursuant to

POFA 2012, Schedule 4. AND THE CLAIMANT CLAI MS 1. £170 being the total of the PCN(s) and damages. 2. Interest at a rate of 8% per annu

m pursuant to s.69 of the County Courts Act 1

984 from the date hereof at a daily rate of £ .02 until judgment or sooner payment. 3. Cost s and court fees

How would I draft a skeleton defence for this? 

The vehicle entered a no parking out of hours area which never used to have restrictions. The vehicle was in the zone for 12minutes 50 seconds
this was circa 11pm so was dark 

many thanks guys 

Coupon-mad

"How would I draft a skeleton defence for this"

You don't do a skeleton defence.

Your WS should be longer. Copy from recent CCJ set asides. Recent ones were by

@confusedparking

@Lia_F

You need to put 'the Claimant' here not DPO, which the Judge won't know who you mean:

 " 3. My address changed in 20/6/2024. I informed the DPO via email".

Johnersh

That sort of works, but I'd go all in. I'd be saying something like the below. If the o/p wants to adopt similar points they can look up the rules to replace the XYZ as they'll need to know them...

Also, just to make sure, was the proof of address supplied prior to the date of issue (I don't think this point actually matters, but if so, it makes their default arguably worse).

Since the claimant was on notice that I had moved house to X which was both my nominated address for service of proceedings and usual residential address, I am at a loss to understand how or why my former address was set out on the claim form.

Having now reviewed the civil procedure rules, I see that where an address is nominated for service of proceedings the claimant must use that address (CPR xx). Having provided the claimant of proof of my address, they also had notice that this was my usual residential address (CPR yy)

It follows that the claimant via the court purported to serve proceedings, but failed to do so, being on notice that (A) I was not resident at Y and that this was no longer an address for me, and (B) that this was not a last known address as new details had been provided.

Having failed to effect valid service, the claimant was not in a position to seek judgment. On the basis of the evidence appended to this statement I respectfully request that the court sets aside the judgment.

Since the claim has not been served, it has expired (CPR Zzz). Nevertheless, even if the judgment is set aside there is no permanent prejudice to the claimant. The events which are the subject of these proceedings took place in zzzz. The claimant therefore has the option of issuing fresh proceedings, adopting the correct procedures within the CPR.

 

Ryman21

good evening, on the N244 form do I leave Q 5,6,7 blank? 

Also on Q 9 do I put UK parking control Ltd or DCB Legal? 

And I take it I put DCB legal address in 9a? 

Thanks