Help with CCJ/Writ of control

Coupon-mad

Manwan said:

I haven’t replied to them yet. Yes only one of the times I was parked outside of the lines and that was in 2022.

I had guessed that!

3 out of 4 are COMPLETELY winnable.  Tell them you've spotted this fatal error in their POC. This is the leverage you need.

So my revised advice is this:



Dear Sirs,

I am in receipt of your Consent Order but I won't be signing it under the ludicrous 'pay us £1000' terms that you've had the audacity to suggest.

Here's the problem:

You have a fatal error in your Particulars of Claim and I'll point this out to the Judge at the CCJ set aside hearing unless you accept my fair offer (below) to end this case:

I've just noticed that your POC (that I recently obtained from the CNBC) say that there are 4 PCNs issued for the reason 'parked outside of a bay'. That's incorrect. You list 3 PCNs from 2020 during COVID lockdown which are nothing to do with parking outside of a bay.

Only the 2022 PCN alleged that breach.

If you want to correct your POC now, you are going to have to make an application asking for relief from sanctions, relying upon the Denton principles. That'll cost you and success is not certain at all under the circumstances.

It may well be that the Judge wants to deal with the case then and there (given your error) and under the Overriding Objective, I think it likely they will throw out the whole claim, or at the very least, the 3 PCNs from 2020, at the first hearing that you can't even be bothered to attend.

But I'm a reasonable person and if you accept £100 for the 2022 PCN (and confirm that your client has cancelled the 2020 PCNs) I'll sign your Consent Order. I won't claim my costs if you take ownership of this and submit the signed Consent Order to the court by this time next week and ask for the hearing to be vacated because the matter is settled.

Further, I require you to accept that the Claim Form was improperly served to an old address, so CPR 13.2 applies (mandatory set aside). I don't accept only mentioning CPR 13.3 on the Consent order.

Kindly amend it now and accept my offer and (under the above circumstances only) I'll sign it and pay you £100 - and no more/no costs - for the only PCN you managed to plead with any semblance of prospects of success.

If you refuse or try holding out for more money, I'll carry on with my case.  I will raise this matter at the hearing and will show the Judge this email. I will of course claim all my costs if I am forced to endure your hopeless claim limping on to the CCJ set aside hearing.

yours faithfully  

Manwan

I sent them the above email, edited it slightly, offering £300 instead of £100. Unfortunately, they don’t seem too impressed. 

Coupon-mad

OK, so proceed to your set aside hearing.

Just DON'T say to the Judge that you want to pay the PCNs or 'want my credit rating restored'.

That's credit cleansing = a BIG NO.

You should say that you dealt with this promptly and fairly, including trying hard to get the C to consent to set aside the CCJ, and you pointed out a fatal error in their POC for which they'd require an application to put right.

Despite knowing about their defectively worded claim, they brushed you off completely which - taken together with the improper service of the defectively pleaded claim, is 'unreasonable conduct'.

You then say why the judgment was improper (wrong address).

Loads of authorities support that but in particular, VCS v Carr was heard last week (parking case at the Court of Appeal) where it was held that a POC had not done enough to trace an address so the CCJ must be set aside).

Watch the video on the thread about that landmark case.

Point to CPR 13.2 (mandatory CCJ set aside, improper service) and then move on to calmly point out the fatal error in the POC (that you only obtained later from the CNBC).

They have not even provided sufficient Particulars to plead four different PCNs where to your recollection, the 3 Covid lockdown ones were nothing to do with 'parking outside of a bay'.

And you ask for the whole claim to be struck out and your costs for attending (travel to court and a day's leave?) granted in full, and the authorities for that are good old:

CEL v Chan

and 

CPMS v Akande

Both were on appeal so they are persuasive.

Teaandbiscuits21

Is there an update regards this?
thanks 

Coupon-mad

Manwan said:

I sent them the above email, edited it slightly, offering £300 instead of £100. Unfortunately, they don’t seem too impressed. 

What happened at the hearing? Or did you settle?

Manwan

Hearing is scheduled for June. Honestly, I’m mulling over whether to pay it or to go ahead with the hearing. Can somebody confirm that their consent order means that I will 100% have my judgement set aside?

Coupon-mad

Manwan said:

Background:

I was trying to renew the tenancy for my house and through referencing, I discovered that I had a CCJ.
I contacted the court and found that Euro Car Parks had taken me to court for 4 Parking tickets issued almost 5 years ago.

I wanted to appeal this as the CCJ is issued to an incorrect address. For example, let’s say I live at Flat 7, 100 high road. The CCJ was issued to Flats 1-6, 100 high road.

The Car was never registered at either of these addresses as I got rid of it before I moved to this address. 

----------------------

Manwan said:

Hearing is scheduled for June. Honestly, I’m mulling over whether to pay it or to go ahead with the hearing. Can somebody confirm that their consent order means that I will 100% have my judgement set aside?

VCS v Carr (Court of Appeal binding decision) - and other authorities that were probably in your WS - means you 100% get the case set aside.

Did you watch the official video of VCS v Carr we posted a month ago and send it to the court? That case is new and binding on the lower courts.

The consent order makes it even more certain. There are no grounds for your Judge to refuse the application as long as you turn up and speak.

Service to a wrong address means the CCJ must be set aside and they clearly cannot have done a proper (or any) address check before litigation. That's unreasonable conduct therefore you must say that at the hearing and ask for your costs.

ChirpyChicken

absolutely dont pay

Coupon-mad

But they haven't included the so-called credit ref search in evidence, and they've consented to the set aside.

And it's common ground that you didn't receive the claim which WAS wrongly addressed.

You will get the CCJ set aside.

You should also ask for your costs to be ordered against the C. You will not be ordered to pay the PCNs, merely to defend within xx days of the hearing, after which DCB Legal might discontinue.  You'll then pay nothing.

Why would you pay them hundreds?

I suggest you delete your last post though.