CCJ from parking fine

TrippleGGG

Hello, I've been reading the NEWBIE CCJ strike out threads. Just found out I had a CCJ to my name which was filed on 03 Nov 2022..... Don't ask me how I only realised a week ago - I'm a cash buyer type of buy, never deal in credit so my poor credit score never came to light. I only just managed to notice it and do a credit history search which notified me of my CCJ.

The below is what I currently have as my witness statement. Any advice would be appreciated

WITNESS STATEMENT OF DEFENDANT

1.         I am xx, and I am the Defendant in this matter. 

2.         This is my supporting statement to my application dated xx July 2025 requesting to:

a.         Set aside the default judgment dated 03 Nov 2022 as it was not properly served at my current address.

b.         Order for the original claim to be dismissed.

c.         Order for the Claimant to pay the Defendant £313 as reimbursement for the set aside fee.

DEFAULT JUDGMENT

3.         I was the registered keeper of the vehicle at the time of the alleged event.

4.         I understand that the Claimant obtained a Default Judgment against me as the Defendant on 03 Nov 2022. I am aware that the Claimant is Civil Enforcement Ltd and that the assumed claim is in respect of an unpaid Parking Charge Notice from 21 July 2019.

5.         The claim form was not served at my current address, and I was therefore unaware of the Default County Court Judgment against me until I signed up to Credit Karma on 08 July 2025 and did a credit history check. I have provided evidence of the ‘welcome’ email received from Credit Karma when I created an account dated to 08 July 2025. I then contacted the Civil National Business Centre and was informed of the details of the CCJ.

6.         The address on the claim is xx. I moved to my current address: xx on 22 June 2022 during which my bank account, council tax and utility bills have been registered to this address. In support of this, I have provided evidence of a bank statement registered to my current address.

7.         In addition to the above, it should be highlighted that the integrity and law-abiding intention of the Defendant should be taken into consideration on the basis that;

  

SEQUENCE OF RECENT EVENTS

8.         I first discovered there was a default County Court Judgment against me when I noticed my poor credit rating on my Monzo mobile banking account in early July 2025. Further investigation led me to perform a credit history search using Credit Karma which informed me of the CCJ and the court name.

9.      On 09 July 2025, I contacted the Civil National Business Centre to obtain relevant information relating to this default judgment. I received an email containing the Particulars of the Claim.

10.      On 16 July 2025, I submitted my case in order to set-aside this judgment and fairly present my case.

11.      I believe the Claimant has behaved unreasonably in pursuing a claim against me without ensuring they held my correct contact details at the time of the claim. I was therefore denied the opportunity to defend the claim. 

12.      On that basis, I believe the Claimant has not adhered to Civil Procedure Rules (CPR) 6.9 (3) where they had failed to show due diligence in using an address that the Defendant no longer resides. The Claimant did not take reasonable steps to ascertain the address of my current residence despite having 4.5 months to establish an address. This has led to the claim being incorrectly served to an old address and an irregular judgment.

13.      Under CPR 13.2 The court must set aside a judgment entered under part 12 if judgment was wrongly entered.  Given that CPR 6.9 (3) was not met, CPR 13.2 applies and the CCJ should be set aside.

14.      Under Clause 24.1 C of the BPA Approved Operator Scheme Code of Practice Version 8 (January 2020), “Before serving a Letter Before Claim and prior to the issue of proceedings, Operators must, if no responses have been received to the NTD/NTK/reminder letters, take reasonable endeavours to ensure that the contact details for the person you are writing to are correct.” The Claimant failed to take reasonable endeavours to ascertain my correct current address prior to issuing proceedings and is therefore in breach of the Code of Practice. 

15.       The Defendant was 'there to be found' for the sake of a 29 pence bulk Experian trace or similar very inexpensive and immediate credit reference agency address check. I would then have been notified of this judgment and could have taken action to prevent it. 

16.       Given that more than 4 months has passed from issue of proceedings and service of the claim was defective (i.e. it was never served) the Defendant submits that this particular claim is dead and the period for service cannot be extended by this application process.  The Defendant has no details of this claim, therefore, if the Claimant believes there is a cause of action then the correct procedure would be to file a claim afresh and to the right address, after furnishing the Defendant with the information required under the pre-action protocol for debt claims, issued this time to the correct address for service for this Defendant, which is xx

17.      According to publicly available information my circumstances are far from being unique. The industry’s persistent failure to use correct and current addresses results is an unnecessary burden for individuals and the justice system across the country.

18.      Furthermore, former Prime Minister May publicly pledged to investigate ‘abuse’ of the CCJ System and so called ‘Credit Clamping’ as reported in the Daily Mail article dated 12 September 2016. 

The Right Honourable Sir Oliver Heald on 23 December 2016 "announced a crackdown on unresolved debts which can damage people’s credit ratings without them knowing. The action comes after concerns were raised that companies were issuing claims to consumers using incorrect addresses." The Minister added, "It cannot be right that people who are unaware of debts can see their lives and finances ruined by county court judgments. That in the digital age, we must ensure companies pursuing unpaid debts make every reasonable effort to contact individuals, rather than simply relying on a letter to an old address.” 

19.      In the alternative, CPR 13.3 applies and there are very good reasons to set aside this exaggerated claim, which includes a disproportionate and indeed, false 'debt recovery' sum.  In fact, no debt recovery occurred nor cost the Claimant any money whatsoever, in addition to the alleged £160 parking charge.  The Government has described the false fixed 'fee' of £70 as 'designed to extort money from motorists' in the new statutory Code of Practice last February and has banned it.  The Defendant has good prospects of defending a claim, if served with one, but has seen no evidence, basis nor particulars of claim and the Claimant should be required to file afresh, if they believe they have a cause of action. 

20.      Considering the above, I was unable to defend this claim. I believe that the Default Judgment against me was issued incorrectly and thus should be set aside, and I ask the Court to kindly consider the reimbursement of the fee of £313 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. 

Coupon-mad

No time ...as I'm on holiday but others will help, I'm sure.

At first glance: that looks like an old version. Copy a new one with VCS v Carr at the forefront.

TrippleGGG

What does "VCS v Carr at the forefront" mean?

TrippleGGG

What is the difference between a witness statement and a skeleton argument?

TrippleGGG

Could anyone point me to a recent witness statement that I can use. I'm quite lost in this quagmire

Le_Kirk

12.      On that basis, I believe the Claimant has not adhered to Civil Procedure Rules (CPR) 6.9 (3) where they had failed to show due diligence in using an address that at which the Defendant I no longer resides. The Claimant did not take reasonable steps to ascertain the address of my current residence despite having 4.5 months to establish an address. This has led to the claim being incorrectly served to an old address and an irregular judgment.

If you are going to use that paragraph (bearing in mind what @Coupon-mad wrote) change the above.
Guidance for CCJs is found in the NEWBIE sticky.  Scroll down to here: -
CCJs are different, but beatable: and keep reading
A witness statement is written in your own words (in first person) and back up what you wrote in your defence OR what you are requesting in the N244 application and draft order.
A Skeleton Argument is used in complicated cases where you want to lay out the salient and important facts of the case in bullet points and give the judge pointers in your WS and evidence to where they will find the full argument.

What does "VCS v Carr at the forefront" mean?

This is a recent case (CA-2024-001179) won on appeal by Phillip Carr and it should be at the beginning of your WS as it is a most important point.  You can do your own search (I've shown the case number) and work out how best to use it OR search the forum for cases where other posters have used it.