PCN resulting in CCJ against my name – advice needed

Summerstorm25

DRAFT ORDER

Upon reading the Defendant’s application dated [today] and supporting witness statement,

IT IS ORDERED THAT:

1. The default judgment dated [date] be set aside under CPR 13.2 and/or 13.3, as the claim was not properly served, contrary to the principles confirmed by the Court of Appeal in Vehicle Control Services Ltd v Percy Carr [2024] EWCA Civ 713, where it was held that a claimant must take reasonable steps to verify and use the correct address if there is reason to believe the defendant has moved.

2. The claim shall be struck out pursuant to CPR 3.4(2)(a) and the authorities of Civil Enforcement Ltd v Chan 2023 [E7GM9W44] and Car Park Management Services Ltd v Akande 2024 [K0DP5J30], for failure to properly plead a valid cause of action and for abuse of process.

3. The Claimant shall pay the Defendant’s costs, including the £313 application fee, loss of earnings, travel, parking, and reasonable printing/postage expenses.

4. In the alternative, if the Court declines to strike out the claim, the Defendant shall file and serve a Defence within 14 days of service of a properly re-served claim form and particulars.

Signed: ___________________________
[Full Name]
Date: [date]

Summerstorm25

Please kindly have a read of my Draft Order.

Do I need to include point 4?

Coupon-mad

Percy Carr

Who he?!

And don't use this term "and for abuse of process."

No. The claim should be dismissed due to failure to serve it within the 4 month period.