Recent CCJ - Advice Needed

Coupon-mad

Your Draft Order needs to also say that the claim be struck out due to the wholly unreasonable conduct of the Claimant. 

Make sure what you're asking for in your Draft Order matches the 'order you're asking for & why' in the first box in the N244 form.

Make sure you attach this proof addresses:

"Evidence of these moves is provided, including tenancy agreements, utility bills, and my driving licence."

Remove para 10 and 11 because you cannot tell the Judge about Without Prejudice offers and this detail is unnecessary: it isn't the crux of your case which is primarily:

 "I wasn't living in Manchester - any financial Credit Ref Agency details would indisputably have only showed me at that address up until 2023 - and especially given the long delay in finally deciding to litigate over this very old matter, they should have made proper efforts to find me before litigation in 2024".

You seem to have not linked to the official Court of Appeal video of VCS v Carr (you want your Judge to watch that because it includes their decision and findings about parking firms sending claims to old DVLA car addresses) & you've missed all the other case law used in the example by @icy_fox including referring to the Denton principles, which this sort of application should reference.

cda17

Updated WS:

List of Exhibits and WS below.

EXHIBIT XX-01 – Tenancy Agreement, utility bill, driver’s license.

EXHIBIT XX-02 – CheckMyFile Credit Check

EXHIBIT XX-03 – Particulars of Claim

EXHIBIT XX-04 – Letter sent to Claimant and DCBL

EXHIBIT XX-05 – VCSL v CARR (Ref. CA-2024-001179

EXHIBIT XX-06 – N244 Form

 

WITNESS STATEMENT OF MY NAME

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

 

I, MY NAME, of ABERDEEN ADDRESS, am the Defendant in this matter and make the following statement in support of my application dated 31 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 1. I moved to my current address on 14 October 2024. Evidence of these moves is provided, including tenancy agreement, utility bills, and my driving licence. (See EXHIBIT XX-01)
5. I discovered the judgment only upon receipt of the DCBL letter on 25 January 2025, 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. (See EXHIBIT XX-02).
7. On 27 January 2025, I contacted the Civil National Business Centre again and received an email with the Particulars of Claim. (See EXHIBIT XX-03). 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. (See EXHIBIT XX-04).
8. On 17 February 2025, An acknowledgement was received via email confirming receipt of my letter and an acknowledgement the correspondence been sent to an old address; they requested evidence of my new address(s) to review the matter further.
9. On 26 February 2025, DCBL emailed me proposing me to pay a higher fee than the CCJ (£408.56) in return for the submission of a joint application Consent Order. I replied declining this offer and inviting them again to jointly apply to set aside the judgment with less fees, in which they declined one month later, on 26 March 2025.
10. 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.
11. Their failure to take reasonable steps before litigation is a breach of CPR 6.9 and the BPA Code of Practice.
12. 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.
13. 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.
14. This failure places a burden on the justice system and on individuals who, like myself, were unaware of the proceedings until post-judgment enforcement.
15. I dispute the inflated claim amount, and believe it is excessive and unjustified.
16. I wish to draw the court’s attention to the recent and relevant Court of Appeal decision in Vehicle Control Services Limited v Carr (Ref. CA-2024-001179) heard on 7th May 2024 the following has been noted (EXHIBIT XX-05 – VCSL v CARR (Ref. CA-2024-001179):

17.1. Avoiding Injustice: "However, the purpose of the power under CPR 13.3 is to avoid injustice, and although a lack of “promptness” in applying to set aside is a mandatory consideration, the rule makes it clear that the overriding objective is paramount. It is far from clear that the Circuit Judge approached the matter from that perspective. I find it telling that there is no mention in her of the overriding objective nor of what the justice of the case required."

18. Assessing a Judgment in Default (Denton): "Even in a case of relief from sanctions where the delay is lengthy and there is no excuse for it, the court is required to consider all the circumstances of the case, in order to deal justly with the matter: Denton v White. This court has confirmed that the approach in Denton applies in the context of setting aside a judgment in default: FXF v English Karate Federation [2023] EWCA Civ 891"

19. On 31 March 2025, I have submitted my case to set-aside this judgment myself and fairly present my case (EXHIBIT XX-06 – N244 Form)

20. Considering all the above, I was unable to defend myself against this claim. I believe that the Default Judgment against me was issued incorrectly and thus should be set aside, the claim struck out, and I ask the Court to kindly consider the reimbursement of the fee of £303 from the claimant should this request be successful.

 

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

Draft Order:

IN THE COUNTY COURT AT CIVIL NATIONAL BUSINESS CENTRE

Claim No: #####

Between:

Spring Parking Ltd (Claimant)

and

NAME HERE (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 claim be struck out due to the wholly unreasonable conduct of the Claimant.

2.      The default judgment dated 3 December 2024 in claim number ##### be set aside pursuant to CPR 13.2 and/or CPR 13.3.

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

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

 

Dated: 31/03/2025

 

cda17

Is my N244 form ok below?




Do I need to put CNBC as the court, can I put a local court to me in Aberdeen instead?

I assume I just send the application and my supporting evidence to said court?

Finally, where do I pay the fee?

Coupon-mad

CNBC is the court service admin centre and you ring the CNBC fees phone number to pay.

However you've still missed:

- the VCS v Carr 4th March hearing video

- all the case law about the claim being expired due to failure to serve it in 4 months of raising the claim

Your N244 box must match your draft Order. You've missed out 'strike out the claim due to it being expired'.

cda17

So what do I write in the "Name of Court" box?

I'm unsure what you mean, you want me to write the youtube link to the video in my WS? 

I have referenced 2 cases, do I need to reference more?

Ok, so in box 3. i'll write:

"1.      The claim be struck out due to the wholly unreasonable conduct of the Claimant.

2.      The default judgment claim be set aside pursuant to CPR 13.2 and/or CPR 13.3.

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

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

Thanks

Coupon-mad

I'm unsure what you mean, you want me to write the youtube link to the video in my WS?

Yes - but don't call it a youtube video. Call it the official recording from the Court of Appeal of this new, landmark decision for parking CCJ set aside cases where a DVLA address was wrongly used for litigation without alternative 'soft trace' address checks being made.

I have referenced 2 cases, do I need to reference more?

Yes. The ones seen in all recent CCJ set aside threads about the '4 months dead' argument... that you are missing at the moment. e.g. seen in the CCJ set aside WS by @Brightonrock123

And instead of this:

The claim be struck out due to the wholly unreasonable conduct of the Claimant.

Your N244 and Draft Order need to say:

The claim be struck out due to expiry of this claim flowing from the failure to properly serve the claim form to the Defendant's address within 4 months of issue.

Name of court is your local county/family court where you want this application heard. You ring the CNBC 'fees' phone number to pay the fee.

cda17

New N244 Form


I've put the same on my Draft Order.

I've put a local court down instead of CNBC.

cda17

New WS, I copied the recommendations you said from @Brightonrock123 

List of Exhibits and WS below.

EXHIBIT XX-01 – Tenancy Agreement, utility bill, driver’s license.

EXHIBIT XX-02 – CheckMyFile Credit Check

EXHIBIT XX-03 – Particulars of Claim

EXHIBIT XX-04 – Letter sent to Claimant and DCBL

EXHIBIT XX-05 – VCSL v CARR (Ref. CA-2024-001179)

EXHIBIT XX-05 – N244 Form

 

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 31 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 1 on 28 June 2024. I moved to my current address on 14 October 2024. Evidence of these moves is provided, including tenancy agreement, utility bills, and my driving licence. (See EXHIBIT XX-01)
5. I discovered the judgment only upon receipt of the DCBL letter on 25 January 2025, 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 more recent addresses were listed. (See EXHIBIT XX-02).
7. On 27 January 2025, I contacted the Civil National Business Centre again and received an email with the Particulars of Claim. (See EXHIBIT XX-03). 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. (See EXHIBIT XX-04).
8. On 17 February 2025, An acknowledgement was received via email confirming receipt of my letter and an acknowledgement the correspondence been sent to an old address; they requested evidence of my new address(s) to review the matter further.
9. On 26 February 2025, DCBL emailed me proposing me to pay a higher fee than the CCJ (£408.56) in return for the submission of a joint application Consent Order. I replied declining this offer and inviting them again to jointly apply to set aside the judgment with less fees, in which they declined one month later, on 26 March 2025.
10. 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.
11. Their failure to take reasonable steps before litigation is a breach of CPR 6.9 and the BPA Code of Practice.
12. 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.
13. 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.
14. This failure places a burden on the justice system and on individuals who, like myself, were unaware of the proceedings until post-judgment enforcement.
15. I dispute the inflated claim amount, and believe it is excessive and unjustified.
16. I wish to draw the court’s attention to the official recording from the Court of Appeal of this new, landmark decision for parking CCJ set aside cases where a DVLA address was wrongly used for litigation without alternative 'soft trace' address checks being made (https://www.youtube.com/watch?v=FvK6XwAGHcs). Vehicle Control Services Limited v Carr (Ref. CA-2024-001179) heard on 7th May 2024 the following has been noted (EXHIBIT XX-05 – VCSL v CARR (Ref. CA-2024-001179):

17.1. Avoiding Injustice: "However, the purpose of the power under CPR 13.3 is to avoid injustice, and although a lack of “promptness” in applying to set aside is a mandatory consideration, the rule makes it clear that the overriding objective is paramount. It is far from clear that the Circuit Judge approached the matter from that perspective. I find it telling that there is no mention in her of the overriding objective nor of what the justice of the case required."

18. Assessing a Judgment in Default (Denton): "Even in a case of relief from sanctions where the delay is lengthy and there is no excuse for it, the court is required to consider all the circumstances of the case, in order to deal justly with the matter: Denton v White. This court has confirmed that the approach in Denton applies in the context of setting aside a judgment in default: FXF v English Karate Federation [2023] EWCA Civ 891"

19. CPR 12.3(1) states that a claimant may obtain judgment in default of an acknowledgement of service only if at the date on which judgment is entered (a) the defendant has not filed an acknowledgement of service or a defence to the claim (or any part of the claim); and (b) the relevant time for doing so has expired. In this case, the claim form was not validly served in August 2024 due to failure to check for a current address (CPR 6.9 (3)), therefore the time limit for acknowledging service has not begun. As the time limit has not begun it cannot have expired. As the time limit has not expired the condition in CPR 12.3(1)(b) has not been satisfied. This results in a mandatory set aside (CPR 13.2). It follows that if a claim is set aside for failure to be served, then the claim cannot be resurrected and served again after 4 months has passed from the date of filing pursuant to CPR 7.5(1). This is on point with the court of appeal in Dubai Financial Group Llc v National Private Air Transport Services Company (National Air Services) Ltd [2016] EWCA Civ 71 (09 February 2016):

20. “Moreover, I do not consider that the CPR presents an obstacle in the circumstances of this case to setting aside judgment. CPR 13.2 provides that the court must set aside a default judgment where any of the conditions in rule 12.3(1) and 12.3(3) was not satisfied. The latter provision does not apply, but the former is relevant. CPR 12.3(1) states that a claimant may obtain judgment in default of an acknowledgement of service only if (a) the defendant has not filed an acknowledgement of service or a defence and (b) the relevant time for doing so has expired (my italics). I accept Mr McLaren's argument that when an order for retrospective validation of an alternative method of service has been made pursuant to CPR 6.15(2) the relevant time for filing an acknowledgement of service is the period which the court must specify under CPR 6.15(4)(c). Where, as in this case, the court did not specify any such time there can be no relevant time which has expired for the purposes of CPR 12.3(1). If this analysis is correct the requirements of CPR 12.3(1)(b) have not been satisfied and so the court is obliged to set aside the default judgment pursuant to CPR 13.2(a).

21. I do not see it as a draconian consequence that a judgment, obtained after deemed service has been effected without specifying a time for that service to be acknowledged, should be set aside as of right in such a case. I agree that CPR 13.2 specifies the circumstances in which a default judgment must be set aside and in my judgment one of those circumstances is when judgment is entered in default of an acknowledgement of service when "any of the conditions in rule 12.3(1) …was not satisfied". Here, one such condition was not satisfied, namely the time for acknowledgement of service had not expired, because none had ever become applicable.

22. This, to my mind, is not "playing technical games" (c.f. the passage from the Abela case, cited at paragraph 11 in the judgment of Longmore LJ). It is merely applying the principle that due process should be followed. If a defendant has never become under a valid obligation to acknowledge service, either as specified under the rules or by order of the court, I do not see how it can be that a judgment can be entered against him in default of such acknowledgement. He is simply not in default at all.”

23. On 31 March 2025, I have submitted my case to set-aside this judgment myself and fairly present my case (EXHIBIT XX-06 – N244 Form)

24. Considering all the above, I was unable to defend myself against this claim. I believe that the Default Judgment against me was issued incorrectly and thus should be set aside, the claim struck out, and I ask the Court to kindly consider the reimbursement of the fee of £303 from the claimant should this request be successful.

 

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: ________________________

 

Johnersh

A decision needs to be made here. Ds address is outside the jurisdiction. C needs permission to serve a claim outside the jurisdiction and doesn't have it and never asked for it. 

If the set aside is successful that's the point that I'd be trying to emphasize