CCJ help please - Moved house but had notified them

Ryman21

Castle said:

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.

Good morning, the date of issue was the 28th August, 
the date of Judgement was 23rd of September, 
am I not right it thinking that the 4 month period has expired as the paperwork was never correctly served therefore the time couldn’t of started? 

Sorry if I’m not right I’m feeling very overwhelmed and out of depth as there’s so much information to try and absorb 
thanks 

Ryman21

Coupon-mad said:

Triple check your CPRs.  I think what you say in para 8 is wrong because if is 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Your Statement of Truth is years out of date.

Thanks I will go over all the cpr’s again today, I beleive you are right though.
ill get the statement brought up to date, thanks 

Ryman21

Johnersh said:

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.

Thanks mate that is excellent I’ll try and implement your points in. 

I do see what you mean I just assumed that the reference to the POC  couldn’t plead the case properly as the address on it was totally wrong?  Perhaps it’d be best to remove that section 

Johnersh

This is why only an o/p can decide what goes in their documents - forum users don’t have all the detail.

so the claim form remains current. if C has any sense, they’ll consent to the set aside and re-serve a duplicate claim form to the correct period whilst it remains within the period of validity. That’s up to them. They’ve got till December.

the o/p may prefer to omit para 2 for now, but to ask for it T any hearing (which is now unlikely to be before Christmas).

Ryman21

I’ll have another crack at it tonight when I get home, thank you so much for all the help, how does my N244 look? 

Ryman21

i think im ready, what do all you guys think?
my updated WS and draft order, i beleive all my cprs are correct im seeing a friend tonight and will see if he agrees, does it all look good? if so ill be sending off tomorrow.
i really cant thank you all enough for taking your time to help!

THE CIVIL NATIONAL BUSINESS CENTRE COUNTY COURT

Claim No. xxxxx
BETWEEN:

Uk Parking Control Limited

Claimant

– and –

Defendant

Mr xxxxx
_________________________________

WITNESS STATEMENT OF RYAN HURST

_________________________________

I , xxxxx 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 B]

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 48 Gatcombe Gardens 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 7.5). 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 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: _______________________xxxxx_________

Dated: _____19 November 2024___________________________

DRAFT ORDER

 

 

Mr xxxxx

 

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

 

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;

 

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. The default judgment dated 23RD September 2024 ( CLAIM No: xxxxx) 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 claim issued on Ryan Hurst 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 application

Ryman21

This might be a daft question but does it have to be the the CNBC or can it be to a court local to me? Also what would I put in the subject field? 

Thanks 

Coupon-mad

You can see if a local court will take it.  Some will refer you to the CNBC.

This claim isn't expired. 4 months hasn't passed.

I'd go with Johnersh's version of draft Order as he is a solicitor.

Grizebeck

It depends If your local court offers a counter service 

Ryman21

I’ll just apply to the CNBC, what should I put in the subject field? I assume the claim number?