CCJ set aside of CEL claim

Gr1pr

Definitely Serve the WS to court and to the claimant , including any exhibits , sooner the better, but definitely before any deadline

Its standard wording, hedging their bets

They may reply, they might not , dont think that its black or white, its 50 shades of grey

The judge will direct proceedings, if you are asked to speak, tell the truth

Coupon-mad

Is this your first hearing - you've waited a YEAR to get this CCJ set aside hearing of your application?! Appalling.

Applications are supposed to be prioritised.

You need to put in your costs assessment as well as your Supplementary WS and the final transcript of VCS v Carr.

Sumsum12

Hi Coupon-mad and thank you for getting back to me.

Yes, this is my first hearing and it’s been quite overwhelming. The long wait has really affected me, and I just want the process to be finished. I’ll include the VCS and CARR transcript.

As for the cost assessment, I haven’t paid any court fees, so the only cost I can request is my travel expenses. I’m not working that day, so I can’t claim any loss of earnings. Will this be fine or better not to include it altogether.

Thanks

Nellymoser

On 2nd April OP said "I will also seek to recover my costs, including time spent preparing my defense, at a rate of £19 plus VAT per hour."

I believe the rate is now £24 per hour.

Coupon-mad

Yep your hours spent, plus travel costs & parking for court, plus any losses or extra expenses caused by the CCJ for a year.

Aren't you £313 out of pocket or were fee free?

Plus:

I’m not working that day, so I can’t claim any loss of earnings.

Yes you can. It's called 'loss of leave' (find it in the Civil Procedure Rules) and that's an extra £95 per day.

DO NOT LET THE JUDGE GO WITH THE CLAIMANT'S DRAFT ORDER WITH NO COSTS. SAY A FIRM "NO" IF THE JUDGE SAYS "GOOD NEWS, THE C HAS AGREED TO THE SET ASIDE"

You:

"NO Judge, I replied to them and refused that draft order last year".

Remember this is your hearing. Don't let the judge dictate it in their favour. Point out that to deny your costs when setting aside the CCJ (and to let the claim continue despite service having expired) would be legally wrong, per the binding CCJ parking case precedent of VCS v Carr.

Oh, and add in the transcripts of CEL v CHAN and CPMS v AKANDE and search the forum for the words to add about that. The claim should be struck out for two reasons:

• expiry of the 4 month period to properly serve the claim form (VCS v Carr and several binding authorities you can find on this forum)

and

• CEL v CHAN. This claim is the same particulars from the same claimant. Not sufficient.

Sumsum12

Hi, Thank you for the reminder and for the advice. My court fee was waived, so I did not pay the £313, but I have spent a significant amount of time researching, reading, trying to understand the process, and seeking advice in order to prepare this defence. The impact of this case on my mental health has also been huge.

The transcripts for CEL v Chan and CPMS v Akande are already included in my skeleton argument, and they were sent to the court as part of the case papers I received together with my witness statement.

Regarding the court day can I include a brief note in my Supplementary Witness Statement, requesting that the Judge speak clearly and at a slightly louder volume, as I sometimes struggle to hear quietly spoken questions or just let him repeat the questions instead of writing this note.

Coupon-mad

Yes you can add that. Put in a sub-heading:

Hearing impairment: 'reasonable adjustment' needed by the judge

Sumsum12

Perfect thank you.

Sumsum12

Hi, this is my revised SWS draft that I plan to send to the court and CEL tomorrow. Would you mind reading it before I send it, to check whether the arguments are correct, whether anything is missing, and whether the length is appropriate or needs to be shortened?

SUPPLEMENTARY WITNESS STATEMENT OF THE DEFENDANT

I, xxx, residing at xxx, am the Defendant in this matter. I provide this Supplementary Witness Statement in support of my original statement dated xxx.

This statement provides additional evidence in support of my application to:

1)set aside the default judgment pursuant to CPR 13.2 and/or CPR 13.3, and

2)strike out the claim on the basis that it was never properly served, in accordance with the principles confirmed in Vehicle Control Services Ltd v Carr.(4th March 2025, Court of appeal)EWCA Civ 713.

I confirm that the contents of this statement are true to the best of my knowledge, information and belief.1.Purpose of this Supplementary Statement

1.Purpose of this Supplementary Statement

This supplementary statement addresses the following key issues:

1.The Claimant served the claim at an outdated address, contrary to CPR 6.9 and the British Parking Association(BPA) Code of Practice(Section 24.1c).

2.The claim form was therefore not properly served and has expired unserved and the court has no power to revive it, Pursuant to the principles confirmed in VCS Ltd v Carr (4th March 2025, Court of appeal).

3.The Defendant has a real prospect of defending the claim, including evidence that the payment machine was defective on the day of question.

4.The Defendant had a legitimate reason for parking at the location on the relevant date (xxx).

2. Incorrect Service of the Claim (CPR 6.9)

The Claimant served the County Court Judgment (CCJ) form and related documents to a previous address, namely xxx1, which appears to be the address still held within their records [ see Exhibit G], which I had vacated prior to the date of service.

After leaving that address, I briefly resided at xxx2 before relocating to my current permanent residence at xxx3.

My current address has been officially registered since xx, as confirmed by Land Registry records (see Exhibit A). This same address was further confirmed by a remortgage approval dated xx (Exhibit).

These records demonstrate that my correct residential address was readily identifiable,had the Claimant undertake routine checks prior to the commencement of legal proceedings.

Despite this, the Claimant failed to update their records or verify my current address before issuing proceedings and instead served the claim at an outdated address.

At no stage did I receive the Parking Charge Notice, reminder notice letters, Letter Before Claim, or any correspondence related to the court proceedings. As a result, I was entirely unaware that proceedings had been issued against me and therefore I was deprived of the opportunity to respond or defend the claim.

Accordingly, I cannot confirm where these documents were actually served.

3.Breach of Address Verification Requirements (CPR 6.9(3) and BPA Code 24.1c)

Under CPR 6.9(3), where a claimant has reason to believe that a defendant’s address may no longer be current, they are required to take reasonable steps to ascertain the defendant’s correct and current address before attempting to serve the claim form.

The Claimant is also a member of the British Parking Association, whose Code of Practice (Section 24.1c) obliges operators to undertake reasonable verification steps before commencing legal proceedings where prior correspondence has gone unanswered. Such steps commonly include conducting a soft trace or other basic verification checks to confirm the defendant’s current residence.

In this case, the complete absence of any response to earlier correspondence, including the alleged pre-action letters, should reasonably have alerted the Claimant to the possibility that the address they were using was no longer valid or suitable for service.Had the Claimant complied with these requirements prior to issuing proceedings, my correct address would have been identified without difficulty. Instead, the claim was served at an outdated address and a default judgment was entered without my knowledge.

Further evidence that my current address was readily discoverable is demonstrated by the fact that debt recovery correspondence was subsequently sent to my correct address shortly after the default judgment (CCJ) had been obtained in my absence. This clearly indicates that the Claimant was able to locate my correct address when pursuing enforcement and could therefore have done so prior to issuing the claim.

Had those verification steps been undertaken at the appropriate stage, before proceedings were commenced rather than after the judgment had already been obtained, I would have been aware of the claim and would have had the opportunity to respond and defend the matter accordingly.

4)Mandatory Set Aside (CPR 13.2)

4.1 Under CPR 13.2, the court must set aside a default judgment that has been wrongly entered.

4.2 In this case, the claim form was served at an address where I no longer resided and therefore was not properly served in accordance with CPR 6.9. As a result, the conditions required for entering default judgment were not satisfied.

4.3 The default judgment was therefore irregularly obtained and the court is required to set it aside.

4.4 Claim Expired Unserved

Furthermore, the principles confirmed by the Court of Appeal in Vehicle Control Services Ltd v Carr CPR 7.5(1)),

establish that Because service was defective ( claim form has not been served at my correct address) the claim never became “served” within the period prescribed by CPR 7.5(1); consequently the claim is expired and the court lacks authority to revive it.

Initial findings from the Court of Appeal hearing are provided for the court’s reference (Exhibits C and D).

The Defendant respectfully submits that the claim form was not properly served in accordance with CPR 6.9, as it was sent to an address where the Defendant no longer resided. In those circumstances, the conditions required for entering default judgment were not satisfied and the judgment was therefore irregularly obtained.

Pursuant to CPR 13.2, the court must set aside a judgment that has been wrongly entered. Furthermore, as confirmed by the Court of Appeal in Vehicle Control Services Ltd v Carr, where a claim form has not been validly served within the required time period, the claim expires and cannot be revived by the court.

For these reasons, the Defendant respectfully submits that the default judgment was irregularly obtained, as the claim form was not properly served in accordance with CPR 6.9.

5. Prejudice from Improper Service

Due to improper service, I was unaware of the proceedings and therefore unable to respond or defend myself.

This resulted in a default judgment being entered against me without my knowledge,causing damage to my credit record (Exhibit J).

This caused damage to my credit record and significant personal distress. Had I been aware of the claim, I would have responded promptly and either defended the claim or sought to resolve the matter.

In this situation, I had no opportunity to take action, which makes me feel unjustly penalized. This whole process has caused unnecessary stress and has occupied time that could have been spent more productively elsewhere.

Upon discovering the existence of the judgment, I acted promptly in seeking advice and preparing this application.

6. Evidence of a Defective Payment Machine - Real Prospect of Defence – CPR 13.3

Even if the court were to conclude that service was technically valid, I submit that I have a real prospect of successfully defending the underlying claim.

At the time of the alleged parking event on xx, the payment machine at the location was not functioning. I possess photographic evidence with a timestamp of xx on that date clearly showing that the payment machine was out of service (see Exhibit B).

In addition, the alternative payment method via the mobile application was also unavailable at that time. As both the on-site payment machine and the remote payment option were not operational, it was not reasonably possible to make payment for parking.

This directly challenges the basis upon which the Parking Charge Notice was issued, as motorists cannot reasonably be expected to comply with payment requirements when the systems provided by the operator for making payment are not functioning.

It is also relevant that the same payment machine was operational on the previous day, xxx, when payment was successfully made using the same system (see Exhibit I). This demonstrates that I routinely pay for parking at this location and had no intention of avoiding payment on the day in question.

In these circumstances, I submit that the claim lacks merit and that I should be permitted the opportunity to present a full defence should the claim proceed.

Accordingly, the Defendant clearly has a real prospect of successfully defending the claim within the meaning of CPR 13.3

7. Valid Reason for Parking – Dentist Appointment

I parked at the location in order to attend a scheduled dental appointment for my child at Greenwich Dental Practice xx.

The appointment is confirmed by an email confirmation dated xx (Exhibit E).

I frequently use this car park when attending dental appointments and always make a genuine effort to pay for parking to avoid any potential violations, as demonstrated by the payment made the previous day xx.

On this occasion, however, payment was not possible due to the malfunctioning payment facilities.

8. Relevant Judicial Authorities

8.1 VCS v Carr (CA-2024-001179, Court of Appeal, 4 March 2025)

The Court of Appeal held that claimants must take reasonable steps to ensure effective service. Service at an outdated address without reasonable diligence can render a judgment invalid.

8.1.2 The court also highlighted the importance of the overriding objective, which requires the court to consider the justice of the case. The Defendant in this case was unable to defend the claim due to improper service, and the judgment should be set aside to avoid injustice.

8.1.3 The initial findings from the Court of Appeal hearing is provided separately for the court’s reference.

8.2 Civil Enforcement Ltd v Chan (Luton County Court, August 2023)

The court struck out a parking claim where the particulars of claim failed to comply with CPR 16.4 and Practice Direction 16, as they did not adequately specify the alleged breach.

8.2.1. Similarly, in this case, the Claimant has failed to provide sufficient details of the alleged breach, rendering the claim defective and liable to be struck out.

8.3 CPMS Ltd v Akande (Manchester County Court, May 2024)

CPMS Ltd v Akande

Similarly, the court dismissed a claim where the particulars failed to clearly identify the nature of the alleged contractual breach.

The same deficiencies appear to apply in this case.The Claimant has failed to specify the nature of the alleged breach, and the claim should be struck out.

Copies of the authorities relied upon have been provided for the Court’s convenience.

9. Costs Sought

I respectfully request the court to award my reasonable costs arising from the Claimant’s failure which made this set-aside application necessary.

These costs are recoverable under CPR 27.14(2)(b) (loss of earnings for attending the hearing) and CPR 27.14(2)(g) (costs arising from unreasonable conduct).

9.1. Loss of Earnings (Hearing Attendance)

In accordance with CPR 27.14(2)(b), I seek the fixed amount of £95 for loss of earnings for attending the hearing.

9.2.Time Spent Preparing the Application / Defence Documents

I am a litigant-in-person and therefore claim time spent preparing the application and associated documents at the standard litigant-in-person hourly rate of £24 per hour:

£24 × 8 hours = £192

9.3. Additional Costs

Travel to hearing: £7

Printing and copying: £6

Postage: £6

9.4.The total costs I respectfully request are:

Loss of earnings: £95

LiP time: £192

Travel: £7

Printing: £6

Postage: £6

Total: £306

I believe that the costs above are reasonable and proportionate, and I therefore respectfully request that the Court orders the Claimant to pay the total costs listed.

10. Relief Sought

In light of the above, the Defendant respectfully asks the Court to:

a. Set aside the default judgment dated [date].

b. Strike out the claim on the basis that it was not properly served in accordance with CPR 6.9 and has therefore expired unserved.

c. Alternatively, strike out the claim due to non-compliance with CPR 16.4 and Practice Direction 16.

d. Award the Defendant their reasonable costs of this application.

The Defendant therefore respectfully invites the Court to grant the orders sought.

Statement of Truth

I believe the facts stated in this statement are true.

Exhibits

A – Proof of current address (Land Registry)

B – Photograph of faulty payment machine

C – Court of Appeal hearing recording – VCS v Carr

D – Transcript of VCS v Carr (Court of Appeal, 4 March 2025)

E – Dental appointment confirmation

G – Screenshot showing outdated address in Claimant’s records

H – Email correspondence with DCBL prior to set-aside application

I – Parking payment confirmation (day before)

J – Credit report entry from TransUnion showing the CCJ

Sumsum12

Thank you.