CCJ set aside of CEL claim

Sumsum12

Hello Everyone,  

I’ve received another letter from DCBL regarding their intention to request a warrant of execution, and I’m unsure how to proceed. Here are the details:  

On October 2, 2024, I received a letter from DCBL regarding an unpaid CCJ £297(date of judgment 04/07/2024). This was the first time I was made aware of it. After checking my credit report, I discovered that a claim had been issued on June 24, 2024 (not 04/07 as it stated in their letter) . I contacted DCBL via email to request more information (couldn't find the email address for the Claimant - Civil enforcement ltd), but they refused to provide details. I then called the County Court Business Centre (CCBC), which emailed me information about the fine and the date the claim was issued.  

It turns out the correspondence was sent to a temporary address where I briefly lived after moving from my old home. The PCN was issued on January 4, 2023, while I was at this temporary address. However, I’m confident I didn’t receive any fines there, as I had moved to my current address by the end of February 2023. Since May 2022, my driving license, council tax, and bills were registered at my current address, but my vehicle’s V5C wasn’t updated until May 2023.  

The PCN was issued for staying in a private parking lot for one hour without paying (my child had a dentist appointment that day). However, I have a screenshot from that time showing the payment machine was out of order. I also remember the parking app rejecting my bank card multiple times. Since I needed to drop my child at school promptly, I couldn’t delay further.  

On October 18, I submitted an application to set aside the judgment, later amending it on October 21 to request a pause on all enforcement actions until the court made a decision. In my haste to file the application, I didn’t fully review the forum threads or seek advice to improve my statement. Now, I see that newer threads, like those by *Zbubuman* and *stressed - our_VG*, present stronger arguments regarding the DVLA providing outdated addresses to claimants, which I didn’t include in my statement.  

Additionally, I forgot to attach a copy of my email correspondences with DCBL, the claimant (Civil Enforcement Ltd), or the court. After filing, I sent formal letters to both the claimant and DCBL notifying them of my intent to set aside the judgment but neglected to include the court confirmation letter.  

Despite this, DCBL and the claimant continue to insist that I pay the debt. When I contacted the court by phone, they confirmed no warrant had been issued against me yet, meaning enforcement isn’t currently possible. I informed DCBL of this via email.  

However, on November 13, I received another letter from DCBL, warning of a “Notice of Intent Warrant of Execution” if I didn’t pay within 14 days. When I contacted the court again on November 21, they informed me that my application hasn’t been processed due to a backlog and could take another 3–4 weeks. They advised me to email DCBL proof of the court confirmation email and to seek legal advice.  

I’m now torn between paying the £297 debt to prevent enforcement action while waiting for my application to be reviewed or following the court’s advice(which is not legal advice) to provide DCBL with the confirmation proof.  

I also wonder if I can amend my statement to include the rules referenced in *Zbubuman’s* thread to strengthen my case, or if this would cause further delays.  

I’ve read that debts under £600 aren’t usually enforceable, but I’m worried the claimant might still pursue a warrant before my application is reviewed. I’m also anxious about the possibility of enforcement agents visiting my home and my request to set aside the judgment failing, especially since I submitted it without a hearing, believing it would move the application forward.

Any advice on how to proceed would be greatly appreciated. Apologies for not attaching my statement, as I’m new here and unable to do so at the moment.  

Thank you for your help!

Grizebeck

Please post up this letter
Parking firms dont enforce CCJS for debts under £600.  I cant see that changing since it isnt cost effective

Coupon-mad

Indeed. They won't seek a warrant.  And anyway you've applied to set it aside so tell them that.  Not on the phone, obviously!  Just email to put them back in their box.

DO NOT PAY IT.  That doesn't wipe the CCJ.

I also wonder if I can amend my statement to include the rules referenced in *Zbubuman’s* thread to strengthen my case, or if this would cause further delays.

It won't delay it if you wait for a hearing date then put the case law and legal arguments you missed (and VCS v CARR as well) into a Skeleton Argument, and add that.

See the threads by  @icy_fox and @Brightonrock123 which I think both use the VCS v Carr new transcript that Zbubuman didn't have.

Sumsum12

Thank you for your response, and I apologize for the delayed reply. Grizebeck as you suggested, I sent an email to DCBL yesterday, attaching the CNBC confirmation receipt of my application, and I am now waiting for their response. Coupon-mad, I always correspond with DCBL via email to maintain proof of our communication. Initially, I called them to inquire about the PCN they were referring to, but they were unwilling to provide details about the case. As a result, I contacted the court, which gave me some basic information about the claim.

Sumsum12

POC

Please see your case details below as requested.

Claimant: CIVIL ENFORCEMENT LIMITED 

Claimant solicitor: CIVIL ENFORCEMENT LIMITED 

Judgment amount: 297.23

Particulars of claim: CLAIM FOR MONEY RELATING TO A PARKING CHARGE FOR BREACH OF CONTRACT TERMS/CONDITIONS(TCS) FOR PARKING IN PRIVATE CAR PARK (CP) MANAGED BY CLAIMANT. DRIVERS MAY ONLY PARK PURSUANT TO TCS OF USE DISPLAYED IN CP AND AGREED UPONENTRY/PARKING. ANPR CAMERAS OR MANUAL PATROLSMONITOR VEHICLES ENTERING/EXITING THE CP AND TC BREACHES. CHARGES OF GBP170.00 CLAIMED. VIOLATION DATE: 04/01/2023 PAYMENT DUE DATE: 02/02/2023 TIME IN: 09:59 TIME OUT: 11:04 PCN: xxxVEHICLE REG MARK: xxxx CAR PARK:- BELLEVUE TOTAL DUE- GBP170.00 (PAY:WWW.CE-SERVICE.CO.UK OR xxx) THE CLAIMANT CLAIMS THE SUM OF GBP188.03 FOR THE UNPAID PARKING CHARGE INC GBP18.03 INTEREST UNDER S.69 OF THE CCA 1984 RATE: 8.00% PA FROM DUE DATE TO- 02/05/24 SAME RATE TO JUDGMENT OR SOONER PAYMENT AT DAILY RATE OF- GBP0.04 TOTAL DEBT AND INTEREST DUE- GBP188.03

***********'

WITNESS STATEMENT

I am xxx and I am the defendant in this matter. This is my supporting statement to my application dated  October 2024 requesting to:

a. Set aside the default judgment dated July 4, 2024, as it was not correctly served at my current address, and because, according to CPR 13.2(a), in the case of a judgment entered due to a failure to defend, none of the conditions in rules 12.3(2) and 12.3(3) were met.

b. Order for the original claim to be dismissed

C. Order for enforcement action to be stopped until my application is heard

DEFAULT JUDGMENT

1 Claim served incorrectly 

1.1. I was the registered keeper of the vehicle at the time of the alleged offence.

1.2. I understand that the Claimant obtained a Default Judgement against me as the Defendant on 04th/July/ 2024. I am aware that the Claimant is Civil Enforcement It'd, and that the assumed claim is in respect of unpaid Parking Charge Notice on 4th of January 2023, at my then temporary residence xxxxx. I contest this charge for the reasons outlined below .

1.3. The initial event leading to the judgment and the steps taken to challenge and overturn it can be outlined as follows:

• 25/02/2022 - Moved into temporary address  xxxx

• 04/2022 - Registered my current address xxxx with

• O5/2022 - Registered my current address With DVLA and Utilities 

• 04/01/2023  -    Parking Charging Fine

• 02/02/2023  -    Payment due

• 04/07/2024  -    Judgment

No correspondence regarding this matter was received from any party during the above - mentioned dates.

• 25/09/2024 -  DCBL letter issued 

• 02/10/2024 -  DCBL received 

• 02 & 03/10/2024 - Emails sent to DCBL and Court (CNBC) seeking information 

• 08/10/2024 - I made calls to DCBL and the Court to obtain information about the Claimant and the claim, as well  my decision to request the judgment be set aside.

• 09/10/2024 - DCBL confirms that their claimant, even after being notified that the PCN was sent to the wrong address, still insists that I pay the outstanding balance.

• 10/10/2024 - Informed DCBL and the Claimant that I am applying to set aside the judgment 

• 17/10/2024 - DCBL confirms that it will keep pursuing the outstanding balance unless an official set-aside judgment is issued. 

• 18/10/2024 - set aside sought 

1.4. I deny that I was properly informed about any parking charge by a PCN. 

1.5. The Court claim form was not served at my current address and I thus was not aware of the Default Judgement until 2nd of October 2024 following a letter from DCBL notifying me about an outstanding CCJ  that they instructed to collect on behalf of their Client. 

My current address at xxxxx has been correctly registered with xxx since April/2022 and my Driving Licence, Utilities since May,2022. In support of this I can provide a copy of my Driving licence, alongside a scanned copy of my council tax and utility bills. All Court documents should have been sent to my current address as the claim was issued after I moved into current address 

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

1.6.1 Upon receiving the DCBL letter on October 2, 2024, I contacted them that same day, as well as on October 8, 2024, to request relevant information regarding the default judgment. However, the request was denied, and no information about the Claimant or the Claim was provided.

1.6.2 I discovered that a CCJ had been recorded on my credit file on October 3, 2024.

 

1.6.3 On October 3rd and 8th, 2024, I contacted the County Court Business Centre to request information about the default judgment and to notify them of my intention to have it set aside. The court confirmed that the judgment was filed by the Claimant, Civil Enforcement Ltd, concerning a parking charge notice issued on January 4, 2023, for staying at Bellevue Park. They also acknowledged my decision to apply to set the judgment aside.

1.6.4 On October 10, 2024, I submitted forms TE9 and TE7 to the Traffic Enforcement Centre to formally request the cancellation of Penalty Charge No. Xxx, linked to Claim No. Xxxx.

1.6.5 On October 18, 2024 I wilfully submitted their case in order to set-aside this judgement and fairly present it.

1.7. 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.

1.8. On that basis, I believe the Claimant has not adhered to CPR 6.9 (3) where they had failed to show due diligence in using an address that I no longer reside. The claimant did not take reasonable steps to ascertain the address of my current residence despite having some 12 months to establish an address. This has led to the claim being incorrectly served to an old address and an irregular judgement.

1.9. 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.

Furthermore, 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.” Furtherance to points raised in 1.3 above.

1.10. Considering the above I was unable to defend this claim. I believe that the Default Judgement against me was issued incorrectly and thus should be set aside. 

In addition the CCJ on my credit report will negatively impact my credit score and could hinder my ability to secure a new mortgage when my current contract expires in two years. It may result in lenders not offering me a mortgage at all, preventing me from renewing it.

2. Pay and Display machine was out of order

2.1. I deny that the Claimant is entitled to relief in the sum claimed, or at all.

2.2. The Particulars of Claim on the N1 Claim Form mention 'Parking Charge(s)' incurred on January 4, 2023, but fail to specify the grounds for any alleged liability. They do not outline the parking terms that are allegedly violated when the machine is not functioning.

2.3. I deny liability that any contravention or breach of clearly signed/lined terms occurred. 

2.4. I wish to highlight that the only Pay & Display machine located in the area mentioned in the Particulars was none operational. No clear instruction was affixed to the machine with direction to me. 

" On January 4, 2023, the payment machine was not functioning properly. I made several attempts to complete the payment, but each time the same error message appeared on the screen. I took a photograph of the screen, which clearly displayed the date and time, as evidence that I was unable to process the payment.

Although I did not feel the alternative payment method was secure, I made numerous attempts to pay via phone. Unfortunately, the system continuously rejected my card details, and the payment was unsuccessful. 

When I first entered the car park, I was unaware that the payment machine was malfunctioning; had I known, I would have moved my car. However, my child had a dentist appointment that had been scheduled two months in advance, with a specialist only available at that specific time. Missing the appointment was not an option. After the appointment, I hoped the machine issue had been resolved, but it remained out of order, and I had to return my child to school promptly.

Despite my efforts to resolve the issue and pay the parking fees, I was now facing a fine, which I had hoped to avoid by paying before leaving.

2.5. I deny a breach of contract as the primary source of payment was none operational. The Claimant failed to ensure their terms of the service agreement to which they are claiming a contravention of, has occurred. The Pay & Display machine, the on-site available source of payment, to the knowledge of the Defendant, was owned and operated by the Claimant.

2.6 Even though I did not consider the alternative payment method to be secure, I made numerous attempts to pay by phone, which took a long time. However, the system kept rejecting my card details, and the payment was unsuccessful .

2.7 I was unaware there was an issue with the payment machine; otherwise, I would have moved my car and not parked there. However, my child had a dentist appointment that had been scheduled for two months, requiring a specialist available only on that specific day and time, so missing it was not an option. After the appointment, I hoped the machine issue had been resolved, but it was still not working, and I had to quickly return my child to school. 

 

2.8.  In conclusion, I argue that the claim fails to present a valid cause of action, lacks merit, and has no realistic chance of success. As such, I request the Court to dismiss the claim on its own accord,using its case management authority under CPR 3.4.

3. Fees charged are significantly inflated 

3.1. The Claimant, or their legal representatives, has added an additional sum of £70 to the original £100 parking charge, for which no explanation or justification has been provided. Schedule 4 of the Protection Of Freedoms Act, at 4(5), states that the maximum sum which can be recovered is that specified in the Notice to Keeper, which is £100 in this instance. It is submitted that this is an attempt at double recovery by the Claimant, which the Court should not uphold, even in the event that Judgment for Claimant is awarded.

3.2. For all or any of the reasons stated above, the Court is invited to dismiss the Claim in its entirety, and to award the Defendant such costs as are allowable on the small claims track, pursuant to Civil Procedure Rule 27.14. Given that the claim is based on an alleged contractual parking charge of £100 - already significantly inflated and mostly representing profit, as was found in Beavis - but the amount claimed on the claim form is inexplicably £170 per PCN plus interest, the Defendant avers that this inflation of the considered amount is a gross abuse of process.

3.3. Given that it appears that this Claimant's conduct provides for no cause of action, and this is intentional and contumelious, the Claimant's claim must fail and the court is invited to strike it out.

3.4. On this basis I believe that the claimant has not provided any reasonable cause of action and thus the claim should be dismissed in its entirety.

3.5. In order to make informed decisions and statements in my defence as a former keeper of the vehicle I will require copies of all paperwork and pictures of all signs at the time the PCNs were issued  from the claimant.

Statement of Truth:

I believe that the facts stated in this defence 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.

*************'



Here are the details, including my statement that was part of the application. I plan to revise it soon, adding stronger arguments, and will share it here to get feedback on whether it looks more likely to help win the case. Please let me know if you notice any incorrect arguments or mistakes so I can correct them. Also, if I submit the new statement as an amendment, do I need to resend all the evidence/emails I previously submitted, or just the updated statement?

 

Grizebeck

Can you post up the letter they sent you as requested please.

Sumsum12

Hi again, I can’t send a screenshot of it because I’m a newbie, but I’ll try to find a way to do so. However,I have just received a response from DCBL regarding the letter I sent yesterday about my pending application. What should I do next?


*********

Thank you for your email.

As you are aware, DCBL are instructed by our Client Civil Enforcement Ltd to recover the outstanding balance of £297.23 in relation to the unpaid County Court Judgment (CCJ) issued to you, reference number xxxx

Please be advised, this matter is not the subject of any high court or bailiff action.

The courts have already passed judgment and you have been deemed liable therefore a CCJ has been issued against you and whilst instruction remains from our Client, DCBL will continue to issue notices of debt recovery in relation to this matter.

You can pay easily by using Scan to Pay, simply scan the QR code located on our letters with your phone and pay by card. You can also pay by card on the secure payment page on the website 24 hours a day www.dcbltd.com/pay-online/.

Alternatively, use our 24/7 Payment line: 01302 897022— Office number: 01606 539 169 Office opening hours: Monday—Friday 8am—8pm.

Grizebeck

nothing
you can take a photo and imbed it on here or add a link to it without the www.

Sumsum12

Thanks.

[Image removed by Forum Team]


This is the image of the most recent letter I received from them.

Sumsum12

The letter was dated November 13th.

Grizebeck

oh that usual rubbish yes ignore it