Recent CCJ - Advice Needed

Coupon-mad

It's of no value to you at all.

There's nothing in it for you to pay the PCN sum that they'll discontinue after you get the CCJ set aside for £303 fee that their client will likely be ordered to pay.

cda17

I sent this:

Dear ######,

Thank you for agreeing to submit a Consent Order to set aside the County Court Judgment (CCJ) in relation to Claim #######. I appreciate your cooperation in resolving this matter.

Before proceeding, I would like to request the following necessary amendments to the draft Consent Order to ensure it accurately reflects the situation:

1. Removal of the Payment Clause

• The draft currently states, “AND UPON the Defendant having paid the claim in full,” which is incorrect as I have not made any payment towards the claim.
• Please remove this clause from the Consent Order.

2. Clarification on Address Tracing

• The draft suggests the trace was entirely correct. However, while the trace showed a previous address of mine, it was not my current address at the time the claim was served.
• I suggest updating the wording to: “AND UPON the Claimant having relied on a trace that showed the Defendant’s previous address, which was not the Defendant’s current address at the time the claim was served.” 

3. Agreement to Pay Initial Parking Charge

• I am willing to settle the initial parking charge of £95 in full as part of the resolution. However, I would like this to be reflected in the order as part of the agreed terms, with the remaining amount of the claim being addressed via the set-aside process. 

4. Stronger Legal Basis for Set-Aside (CPR 13.2 and/or 13.3)

• As the claim was not served at my correct address, the judgment should be automatically set aside under CPR 13.2, rather than relying solely on CPR 13.3, which is discretionary.
• Please update the order to reference both CPR 13.2 and CPR 13.3.

5. Court Fee Responsibility

• Given the circumstances of the claim being served at an incorrect address, I would appreciate it if the Claimant would be willing to share the cost of the Consent Order fee (£119).

I would appreciate it if you could confirm these amendments and provide an updated draft of the Consent Order for my review. Once revised, I am happy to sign and proceed with the submission to the court.

Thank you for your understanding. 

I look forward to your response.

Kind regards,

########

cda17

Hi all,

I've still had no response to my above amendments email.

Should I just submit the set-aside myself now and aim to have all costs reimbursed as well?

DCB legal have already agreed to do a set-aside but they want over £400 from me (hence the amendments request above). 

Any advice appreciated as they are really dragging their heels with me.

Thanks

Coupon-mad

Yes do it now because applications are going up by a tenner on 1st April I think: £313!

cda17

DCBL reply below: 



If I submit a set-aside request myself, I would have to pay the £303. The debt still won't be gone and I might not have my costs reimbursed by the claimant. What's the likelihood that I will be successful if I submit this myself?

Thanks

Coupon-mad

It's not 'guaranteed' but a Judge would be in serious error if they refused your application because VCS v Carr happened at the Court of Appeal this month which absolutely nails on your case to set the CCJ aside.

It also nails on an argument for your costs - again not guaranteed - but it's almost certain you can get the £303 ordered against Spring Parking. This is why:

DCB say they did a trace before seeking the claim and they say "your old address was on it" (well of course it was, from 2023!). Look what they DON'T say! They don't attach that trace and they don't say whether your Scottish addresses were on it too. Ahem!

In your case, you had not lived in Manchester since 2023 (maybe no longer had that car either, so couldn't be blamed for not updating the logbook?!). That's what the trace would show - Manchester matches up until 2023 only - and likely, your Aberdeen address too.

Put the application in this week citing VCS v Carr & all the usual case law seen in recent CCJ set asides, e.g. by

@icy_fox

@Brightonrock123

and your proof of where you've lived since 2023. Get that done and paid for by Monday latest!

Then email DCB Legal back and say you want a SAR of DCB Group that discloses all data held by them and a full copy of the 'trace'.

cda17

This was their reply on 28-02-2025 to my SAR request regarding traces.



I've asked for a full copy of them today instead of just taking their word via email. I don't think they'll reply in time to have my Set Aside Request submitted by this Monday 27-03-2025. They've been taking 2-3 weeks to reply to my emails.

Coupon-mad

You aren't meant to be waiting for that. I thought my reply made that clear with the word 'then' get the Trace.

cda17

Proposed witness statement:

WITNESS STATEMENT OF NAME HERE

IN THE COUNTY COURT Claim No: ####### Judgment Date: 03 December 2024

I, NAME HERE, of ABERDEEN ADDRESS, am the Defendant in this matter and make the following statement in support of my application dated 29 March 2025 to:

a. Set aside the default judgment dated 03 December 2024 (Claim No: ######) on the basis it was not properly served at my current address. b. Dismiss the original claim. c. Order reimbursement of the set-aside fee of £303 from the Claimant.

1. I was the registered keeper of the vehicle at the time of the alleged incident.
2. I understand that the Claimant obtained a default judgment against me on 03 December 2024. I believe the claim is in respect of an unpaid Parking Charge Notice dated 25 August 2023.
3. The claim form was not served at my current address, and I was unaware of the County Court Judgment until I received a letter from Direct Collection Bailiffs Ltd (DCBL) dated 20 January 2025, which arrived on 25 January 2025.
4. The address on the claim is MANCHESTER ADDRESS. I moved from this address on 28 September 2023 to FRANCE ADDRESS, and then to ABERDEEN ADDRESS on 28 June 2024. I moved to my current address on 14 October 2024. Evidence of these moves is provided, including tenancy agreements, utility bills, and my driving licence.
5. I discovered the judgment only upon receipt of the DCBL letter dated 20 January 2025. I had no knowledge of this claim prior to that letter.
6. In a state of panic, I attempted to contact the Civil National Business Centre on 25 January 2025, but it was the weekend and I could not get through. I then checked TrustOnline and Checkmyfile.com to verify the judgment and confirm when my current address was listed.
7. On 27 January 2025, I contacted the Civil National Business Centre again and received an email with the Particulars of Claim. I also contacted Spring Parking Ltd and DCBL via letter and email to inform them the claim had been sent to an old address, contrary to CPR 6.9, and invited them to consent to setting aside the judgment.
8. On 28 January 2025, I submitted a SAR to DCB Legal requesting any trace data used. On 12 February 2025, I received another letter from DCBL to my current address, ignoring my previous correspondence.
9. On 17 February 2025, DCB Legal responded requesting evidence of my change of address. On 18 February 2025, I replied with utility bills, rental agreement, diplomatic card, and driving licence.
10. On 24 February 2025, I followed up regarding the SAR; on 26 February 2025, DCB Legal responded that they only performed a soft trace but did not provide actual records. They also proposed a Consent Order, conditional on payment of £408.56.
11. I replied on 28 February and 4 March 2025, requesting the trace documentation and suggesting fair amendments to the Consent Order, including offering to pay the original £95 parking charge.
12. Despite ongoing communication, DCB Legal issued a Notice of Intended Enforcement on 6 March 2025. I followed up on 13 and 17 March 2025. On 26 March 2025, they rejected all my proposed amendments and reissued their original Consent Order. I am therefore submitting this application to have the judgment set aside.
13. The Claimant has behaved unreasonably by failing to ensure the claim was served at my correct address. They had access to tools to find my address, as demonstrated by the fact that they eventually located me shortly after judgment.
14. Their failure to take reasonable steps before litigation is a breach of CPR 6.9 and the BPA Code of Practice. A simple credit reference agency trace would have provided my current address.
15. Due to their failure to serve the claim correctly, I was denied the opportunity to defend the claim. Pursuant to CPR 13.2, the judgment must be set aside. Alternatively, under CPR 13.3, I have acted promptly and have good prospects of defending the claim.
16. BPA Code of Practice Clause 24.1C requires operators to take reasonable steps to ensure contact details are correct before issuing proceedings. The Claimant failed in this duty.
17. This failure places a burden on the justice system and on individuals who, like myself, were unaware of the proceedings until post-judgment enforcement.
18. I dispute the inflated claim amount, including false 'debt recovery' charges. I believe these are excessive and unjustified.
19. I wish to draw the court’s attention to the recent and relevant Court of Appeal decision in Vehicle Control Services Ltd v. Carr on 4 March 2025, wherein the court held that serving a claim form at a defendant’s previous address, without sufficient steps to confirm their current residence, does not meet the requirements of valid service under CPR 6.9. This situation mirrors my own, where the Claimant failed to use available tools to confirm my correct address prior to service. I respectfully submit that the principles in VCS v. Carr apply directly to this case, and the judgment should be set aside pursuant to CPR 13.2.
20. I respectfully request the judgment be set aside and the claim dismissed. I also request reimbursement of the £303 set-aside fee.

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: ________________________ Date: ________________________

 

Any advice appreciated. Thank you.

cda17

Proposed DRAFT ORDER:

IN THE COUNTY COURT AT CIVIL NATIONAL BUSINESS CENTRE

Claim No: ######

Between:

Spring Parking Ltd (Claimant)

and

MY NAME (Defendant)

 

UPON considering the application of the Defendant to set aside the Judgment by default entered on 3 December 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.

 

IT IS ORDERED THAT:

 

1.      The default judgment dated 03 December 2024 in claim number ###### be set aside pursuant to CPR 13.2 and/or CPR 13.3.

2.      There be no enforcement of the judgment while this application is pending.

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

Dated: 29/03/2025

Any advice, much appreciated thank you.