CCJ - update, now set aside and currently creating defence for elderly family member

sunmoon789

Hi - I am trying to help an elderly family member. Will try to keep this short and concise - their CCJ set aside call is tomorrow via video call

parking offence in 2020

NTK in 2 days after

CCJ 2021

they did not have a windscreen ticket

The picture is taken from a car (patrol officer in a car) and the car is half out the bay - it’s from behind and looks like they are driving in (?)

only discovered their CCJ this year - spoke to citizens advice 

They are trying to set aside the judgement on the basis they didn’t receive the CC claims pack, and they have had no chance to issue defence 

In fact they have not received anything. They didn’t know about it. They are disabled and was visiting a family member. 

Not sure if they didn’t receive letters due to Covid Royal Mail issues ? The parking company have provided documents of the letters they’ve sent out and the address is on there

parking sign states if the charges remain unpaid, or we are unable to affix a charge to the vehicle, we may request reg keeper details from DVLA

They requested DVLA details 1-2 days after the offence 

The company’s witness statement says no PCN was attached to window 

Should their main defence in their statement just be that they did not receive any correspondence and no Cc claim pack? 

And if it is set aside, is the best thing to do for them to just pay? As you can imagine the impact on their credit score is devastating as a pensioner 

Le_Kirk

Has the family member: - 
1. Submitted a witness statement and draft order?
2. Checked the address on their V5C was correct at time of the parking event?

sunmoon789

1. Not sure what a draft order is but I believe they submitted a witness statement upon applying for the set aside 


2. It is correct -they have lived their 20+ years. I can only think the post didn’t arrive because of COVID and Royal Mail issues

LDast

If the claim was issued to the correct address but was never received, then the claim should be set aside under CPR 13.3 and make sure you mention the "overriding objective" that the defendant should be given the opportunity to defend a claim where they have a reasonable prospect of being successful.

sunmoon789

Thank you so much I really appreciate the help. 

Coupon-mad

sunmoon789 said:

Thank you so much I really appreciate the help. 

Don't let them say they'll pay the PCN!

To succeed with a discretionary set aside under CPR 13.3 (in a case where the Claim form was apparently sent to the RIGHT address) the Defendant must show:

1. that they acted promptly as soon as they were aware of the CCJ, and

2. that they have "GOOD PROSPECTS OF DEFENDING THE CLAIM". Rehearse their defence and tell them what to say about "wanting to defend an unfair PCN with unclear signs and failed systems during COVID" (tell them NOT to say that they'll pay it)!

Johnersh

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part13 

The test for real prospects of success is not not a high bar, it is "more than merely arguable" ie 51% and a defence which is not "false fanciful or imaginary"

So in theory the DJ doesn't need to believe that the defendant can definitely win, but that there is a decent argument which can be put before the court and which he should be permitted to run.

sunmoon789

Thank you for this, I’ve managed to arrange that I can speak on their behalf so I’ll make sure to focus on those points. Again thank you so much 

Coupon-mad

sunmoon789 said:

Thank you for this, I’ve managed to arrange that I can speak on their behalf so I’ll make sure to focus on those points. Again thank you so much 

How did it go?

sunmoon789

Coupon-mad said:

sunmoon789 said:

Thank you for this, I’ve managed to arrange that I can speak on their behalf so I’ll make sure to focus on those points. Again thank you so much 

How did it go?

Apologies for the delayed response, it’s been a busy week! 

The CCJ was set aside! Thanks so much for the help!!

Now onto the defence stage, we’ve been given a 2 week deadline to submit a defence. Just managed to get around to visit the family member to help write it today. Am I right in focusing on the same defense points? 

Le_Kirk

You use the template defence and add your paragraphs 2 & 3 refuting what is in the POC.  Have we seen the POC; are they detailed or sparse enough to use Chan & Akande?  Who is the legal, if DCB Legal use: -
https://forums.moneysavingexpert.com/discussion/6576011/cel-dcb-legal-pcn-cnbc-claim-defence-assistance-required-please/p1