CCJ set aside of CEL claim

Sumsum12

SUPPLEMENTARY WITNESS STATEMENT 

I, xxxx, of address xxxx, being the Defendant in this matter, hereby state as follows:

Introduction

I am submitting this Supplementary Witness Statement to provide additional evidence relevant to my defense against the claim made against me. This statement serves to support my original Witness Statement dated [10/2024] and addresses the following key issues:

1. Improper service due to the Claimant's use of an outdated address.

2. A faulty payment machine on the day in question.

3. My legitimate reason for parking at the location on 04/01/2023.

I am applying under CPR 13.2 to request that the judgment be set aside.

Issue 1: Incorrect Service of Documents and Failure to Verify Address

The County Court Judgment (CCJ) and related documents were sent to an outdated address, [Address A], from which I moved in early 2022. At that time, I informed the Claimant of my move and provided my temporary address [Address B ] for a previous pcn that was issued in early 2022. However, it appears their system retained my old address [Address A]. Consequently the documents were sent to this outdated address (A), rather than my current  [Address C] or temporary address (B), which I assumed they had updated as per my original witness statement. I have not received the PCN or any court claim, therefore I cannot confirm where these documents were actually sent .

I officially registered my current address on [April/2022], and my re-mortgage was approved on [11/2022], confirming that my address was updated before the issuance of the PCN (04/01/2023). The Claimant’s reliance on my old address indicates a failure to conduct reasonable checks for proper service.

Issue 2: Failure to Conduct Required Address Verification

According to Civil Enforcement Ltd’s own policies and the British Parking Association (BPA) Code of Practice, a "soft trace" or other checks should be performed to verify the registered keeper's current address before issuing a claim. The Claimant did not perform these necessary checks, as evidenced by the judgment being incorrectly filed at my old address.

Issue 3: Accessibility and Communication Issues

I have found Civil Enforcement Ltd to be notoriously difficult to contact, which is reflected in numerous negative online reviews. This lack of accessibility has significantly hindered my ability to address this matter effectively.

Issue 4: Procedural Misconduct and Legal Precedent

The procedural failures exhibited by the Claimant demonstrate non-compliance with the BPA Code of Practice. Relying solely on the DVLA address is insufficient for litigation purposes, as established in the case of VCS v Carr and others and shown on this Court of Appeal video link.

Issue 5: Prejudice Caused by Lack of Service

Due to improper service, I was unable to respond to the claim, which has caused me significant prejudice, including potential damage to my credit rating.

Issue 6: Evidence Regarding the Defective Payment Machine

On 04/01/2023, the parking payment machine at the location malfunctioned. Attached as Exhibit A is photo/video evidence of the defective machine. Interestingly, I was able to pay successfully at the same location on 03/01/2023 when the machine was operational.

Issue 7: Evidence of My Reason for Parking – Dentist Appointment

On 04/01/2023, I parked because my child had a pre-booked dentist appointment at xxxx at xxx. Attached as Exhibit B is the email confirmation from the dentist’s office, demonstrating that my parking was both necessary and legitimate.

** is this evidence irrelevant or should I add it to SWS

Issue 8: Timestamped Photograph as Further Evidence

I took a photograph on 04/01/2023 at xxx, confirming my presence at the car park. Attached as Exhibit C is this timestamped photograph.

Issue 9: Legal Arguments Supporting My Defense

The defective payment machine on the day in question prevented me from complying with the parking terms, effectively frustrating the contract.

Conclusion and Request for Dismissal

Given the evidence of the defective machine, my legitimate reason for parking, and the Claimant’s failure to properly serve me, I respectfully request that this claim be dismissed in its entirety.

Statement of Truth

I believe that the facts stated in this witness statement are true.

Attachments (Exhibits):

• Exhibit A: Photo/video of the defective payment machine.

• Exhibit B: Dentist appointment confirmation email.

• Exhibit C: Timestamped photograph from 04/01/2023.

• Exhibit Court of Appeal video link (if available).

• ***Exhibit E: Proof of previous communication with CEL regarding my address change.

        - Exhibit F: Official copy of the house deeds to               confirm my current address.

Sumsum12

Email to CEL***

Thank you for your recent email regarding consent to set aside the judgment that was unfairly entered against me. I appreciate your willingness to resolve this matter, as it is in both our interests to do so swiftly. However, your actions have not only harmed my credit file but have also required me to spend time preparing my defense and directly applying to have the CCJ set aside.

Given this, I see no reason why I should bear the costs of the application when, had you complied with the Civil Procedure Rules, we would not be in this situation.

Therefore, I will continue preparing for the hearing and, if successful, will seek recovery of my costs, including those for preparing my witness statement and attending the hearing at the current litigant-in-person rate of £19 per hour.

However, I would be willing to accept your offer if the terms are amended as follows:

• The CCJ is set aside.

• The claim is discontinued.

Should you decline this fair proposal in 7 days from the date if this email, I am prepared to pursue my claim in the County Court. If necessary, I will also seek to recover my costs, including time spent preparing my defense, at a rate of £19 plus VAT per hour.

• I look forward to your prompt response we can resolve this matter efficiently and swiftly.

Best regards,

Coupon-mad

(BPA) Code of Practice, a "soft trace" or other checks should be performed 

= MUST

(and under the civil procedure rules too!)

Typo in the word defence. It has no S.

Sumsum12

Thank you! I'll amend it and send them over to see what their response will be.

Regarding the copies of the previous PCN letters that shows CEL was aware I no longer lived at that address shall I include them in my SWS or better to show them at the court !!!

Coupon-mad

Sumsum12 said:

Thank you! I'll amend it and send them over to see what their response will be.

Regarding the copies of the previous PCN letters that shows CEL was aware I no longer lived at that address shall I include them in my SWS or better to show them at the court !!!

Add them as exhibits.

Sumsum12

Will do. Thank you.

Le_Kirk

I wouldn't finish an official letter "Best regards" but "yours faithfully".

Sumsum12

Thanks Le-Kirk. It was changed and submited to Cel. Just waiting to see if they'll respond.