CCJ help please - Moved house but had notified them

Coupon-mad

Don't know what those questions are.

Did you miss @Johnersh's suggested words? I'd be looking up the CPRs if i were you (your job to understand them!).

He's a solicitor and his concise words would be great to introduce your WS.

Ryman21

thanks for the prompt reply, these are the questions:
6. How long do you think the hearing will last? Is this time estimate agreed by all parties? Hours Minutes Yes No 
7. Give details of any fixed trial date or period
8. What level of Judge does your hearing need?
9. Who should be served with this application?
9a.Please give the service address, (other than details of the claimant or defendant) of any party named in question 9

i did miss @Johnersh suggested words, they are brilliant and ill jump straight on brushings up the CPRs

thanks so much guys

Ryman21

THE CIVIL NATIONAL BUSINESS CENTRE COUNTY COURT

Claim No. xxxxx

BETWEEN:

Uk Parking Control Limited

Claimant

– and –

Defendant

Mr xxxxx

_________________________________

WITNESS STATEMENT OF xxxx
_________________________________

I , xxxx of xxxx , 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 Claimant 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. I 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. Since the claimant was on notice that I had moved house to xxx 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.

 

6. 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 6.6). Having provided the claimant of proof of my address, they also had notice that this was my usual residential address (CPR 6.8)

 

7. 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 21 Monnow Gardens 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.

8.Since the claim has not been served, it has expired (CPR 13.2). 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 March 2024. The claimant therefore has the option of issuing fresh proceedings, adopting the correct procedures within the CPR.

9. 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

10. The Claimant did not respond to my request.

11. 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.

Statement of Truth

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

Signed: _______________________xxxx_________

Dated: _____18 November 2024___________________________

DRAFT ORDER

 

 

xxxx

 

UPON considering the application of the Defendant to set aside the Judgment by default entered on 28 August 2024;

 

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 the Defendant's usual residential address;

 

AND UPON the court finding that the Particulars of Claim fail to comply with CPR 6.8 by totally ignoring my change of address. And CPR 13.2(a) where The court must set aside a judgment entered under Part 12 if judgment was wrongly entered because

(a) in the case of a judgment in default of an acknowledgment of service, any of the conditions in rule 12.3(1) and 12.3(3) was not satisfied;

 

IT IS ORDERED THAT:

 

1. The default judgment dated 23RD September 2024 ( CLAIM No: xxxx) be set aside.

 

2. The claim is struck out on the grounds that the Particulars of Claim fail to comply with CPR 6.8 and do not provide a concise statement of facts necessary to establish a cause of action.

 

3. The Claimant shall pay the Defendant’s costs of this application in the sum of £303 & Attendance costs.

how do these look guys?

Coupon-mad

Looks good.

I haven't checked your CPRs at all in the WS -you may wish to double check those with a friend to be sure - but in the Draft Order para 2., the claim should be struck out for failure to plead the case properly, per Part 16.

No such English word as 'license'.

I would include in the WS the citations of Denton and VCS v Carr (seen in the CCJ set aside WS by @icy_fox )

And I'd suggest that it is the Claimant who should be seeking relief from sanctions (not the Defendant) instead of unreasonably ignoring the Defendant's email that was sent over ten days ago, given that they know or should have known that their claim was improperly served due to their negligence.

Ryman21

Thanks so much @Coupon-mad
how do these look now?

THE CIVIL NATIONAL BUSINESS CENTRE COUNTY COURT

Claim No   xxxx

BETWEEN:

Uk Parking Control Limited

Claimant

– and –

Defendant

xxxx

_________________________________

WITNESS STATEMENT OF xxxx

_________________________________

I xxx of xxxx , 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 Claimant 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 licence. EXHIBIT A

4. I 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. Since the claimant was on notice that I had moved house to xxxxx 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.

 

6. 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 6.8). Having provided the claimant of proof of my address, they also had notice that this was my usual residential address (CPR 6.8)

 

7. 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 21 Monnow Gardens 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.

8.Since the claim has not been served, it has expired (CPR 13.2). 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 March 2024. The claimant therefore has the option of issuing fresh proceedings, adopting the correct procedures within the CPR.

9. 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

10. The Claimant did not respond to my request.

11. I would suggest that it is the Claimant who should be seeking relief from sanctions (not the Defendant) instead of unreasonably ignoring the Defendant's email that was sent over ten days ago, given that they know or should have known that their claim was improperly served due to their negligence.

12. I would like to reference the Denton tests; In instances of a default judgment being issued, a 3-stage Denton test was established in Denton v TH White Limited [2014]. which requires the court to: 

(i) identify and assess the seriousness and significance of the non-compliance

(ii) consider why the breach occurred

(iii) evaluate all circumstances of the case so the application is dealt with fairly

To confirm NO breach at all has occurred in this instance as the CCJ was serviced to the incorrect address due to negligence on the claimants side

13. In an excerpt taken from the VCS V Carr case, it highlights that the defendant "has never had an opportunity to advance his valid defence", while further stating "he cannot be blamed for failure to respond to the claim form because he never received;

There also appears to have been no specific consideration at the third stage of the fact that in practical terms this defendant has never had an opportunity to advance his valid defence irrespective of whether service was property effected at his former address. That is related to but different from the point that he cannot be blamed for failure to respond to the claim form because he never received it.

14. 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.

Statement of Truth

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

Signed: _______________________xxxx_________

Dated: _____19 November 2024___________________________

DRAFT ORDER

 

 

Mr xxxx

 

UPON considering the application of the Defendant to set aside the Judgment by default entered on 28 August 2024;

 

AND UPON reading the evidence in support of the application; the claim should be struck out for failure to plead the case properly, per CPR 16.4(A)

 

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

 

AND UPON the court finding that the Particulars of Claim fail to comply with CPR 6.8 by totally ignoring my change of address. And CPR 13.2(a) where The court must set aside a judgment entered under Part 12 if judgment was wrongly entered because

(a) in the case of a judgment in default of an acknowledgment of service, any of the conditions in rule 12.3(1) and 12.3(3) was not satisfied;

 

 

IT IS ORDERED THAT:

 

1. The default judgment dated 23RD September 2024 ( CLAIM xxxxxx) be set aside.

 

2. The claim is struck out on the grounds that the Particulars of Claim fail to comply with CPR 6.8 and do not provide a concise statement of facts necessary to establish a cause of action.

 

3. The Claimant shall pay the Defendant’s costs of this application in the sum of £303 & Attendance costs.

Grizebeck

Remove your name...

Ryman21

Also does this look right on the form? 

Coupon-mad

Triple check your CPRs.  I think what you say in para 8 is wrong because it should reference CPR 7.5 I think:

https://littletonchambers.com/disapplying-the-cprs-deemed-service-rules/#:~:text=According%20to%20Flaux%20J's%20analysis,would%20not%20have%20expired%20invalid.

Your Statement of Truth is years out of date.

Johnersh

The WS doesn't marry up with the draft order.

If the claim has never been properly served, the particulars are irrelevant. That may be right, but it's not addressed in the statement and, for what it's worth, the o/p hasn't said here that they don't know what the case is about.

I'd have a preamble to explain matters a bit further, but adopting a slightly different point.

Upon the application of D

And Upon hearing from C and D

And Upon the Court finding that the Claim form was not served to an appropriate service address for the defendant.

It is ordered that:

1. Judgment dated X is set aside.

2. The claim issued on X having not been served within 4 months of issue in accordance with CPR 6.8 and 7.5 is struck out.

3. The claimant do pay the defendants costs of the application.

Castle

Ryman21 said:

Thanks so much @Coupon-mad
how do these look now?

THE CIVIL NATIONAL BUSINESS CENTRE COUNTY COURT

Claim No   xxxx

BETWEEN:

Uk Parking Control Limited

Claimant

– and –

Defendant

xxxx

_________________________________

DRAFT ORDER

 

 

Mr xxxx

 

UPON considering the application of the Defendant to set aside the Judgment by default entered on 28 August 2024;

 

1. The default judgment dated 23RD September 2024 ( CLAIM xxxxxx) be set aside.

 

Where does 28th August 2024 come into this?

Is that the claim issue date; if so, then the 4 months period to serve has not yet expired.