Next steps after an application to set aside

HappyJaguar23

Hi All,

joining the group of people who were recently hit with a CCJ from Smart Parking. Unfortunately, in my case, they sent it to the wrong address – they got the flat number wrong (say, Flat 1, 1 Street instead of Flat 22, 1 Street), so I learned about it from my credit report. Not sure what kind of trace they conducted – my address on the electoral roll is Flat 22, 1 Street!

Contacted DCB Legal and proposed to set aside the CCJ by consent. A week has gone by, in spite of follow-ups, they have not responded. Nevertheless, they gave me two PCNs reference numbers… one of them appears to be cancelled on the Smart Parking's own system! They are both from 2022. DCB Legal continue to make automated threatening phone calls asking to pay under threat of enforcement.

I have compiled an application on Form N244 to set aside (under CPR 13.2, or, CPR 13.3 in the alternative) AND to stay execution pending a substantive hearing, prepared a witness statement, bundle of exhibits, and draft orders (interim order to stay execution and a final order to stay aside). Payment was made with CNBC using their phone payment line, and the application bundle was sent via e-mail to CNBC.

I am seeking costs (£313 + LiP costs) from Smart Parking.

Would you know whether I should serve the application on DCB Legal now, or whether I should wait for the court to seal it first, return to me, and then I will be able to serve it?

Thank you!

Coupon-mad

The court will serve it to DCB Legal (takes weeks… it is slow) so you have done all that's necessary for now.

How much is the CCJ for?

Is the address mistake because your V5C has that error on it? Check it!

HappyJaguar23

Thanks @Coupon-mad!

The CCJ is for £440.

I've already paid £313 for the set aside application – I will fight for a costs order and I think there is a good chance, but you can never be sure, litigation is inherently risky. I was much happier paying for the application, though, than paying DCB Legal and their client Smart Parking! (even though, paying "just" £130 more or so would have allowed to avoid the faff and get the CCJ removed from the public register).

Is the address mistake because your V5C has that error on it? Check it!

The PCNs in question are from 2022… I used to live in a completely different town at the time. They must have obtained my address via some trace, but botched it! Electoral roll has always had a correct address of mine (and I have verified it shows correctly on my credit report). I am starting to wonder whether they didn't mistakenly put the house number as a flat number (as above, they put: Flat 5, 5 Street instead of Flat 22, 5 Street). In any case, my argument is:

I have resided at Flat 22, (…), 5 Street, (…) (“my address”) continuously since (…). I have never resided at, nor had any connection with, Flat 5, (…), 5 Street, (…), which is the address at which the Claimant purported to serve the Claim Form in this matter.

(…)

I am advised, and believe, that the judgment was wrongly entered because the Claim Form was not served at my usual or last known address as required by CPR 6.9(2), such that the conditions in CPR 12.3(1) for entry of default judgment were not satisfied. On that basis I apply for the judgment to be set aside as of right under CPR 13.2.

In the alternative, and without prejudice to the foregoing, I apply under CPR 13.3 on the grounds that I have a real prospect of successfully defending the claim and/or there is some other good reason why I should be permitted to defend it.

(… go on to explain what defences I may raise, noting speculativeness given lack of knowledge of the particulars of claim …)

Coupon-mad

Great! Their error then. They pay your costs. Sounds like you are well prepared.

What caused the 2 PCNs? Were you driving?

HappyJaguar23

Great! Their error then. They pay your costs. Sounds like you are well prepared.

Fingers crossed!

What caused the 2 PCNs?

I got PCN numbers from DCB Legal.

They are both for "Failure to pay for sufficient time" – one has parking photos indicating a period of stay of 22 minutes, the other one – 42 minutes. The same car park.

One of them shows as cancelled on Smart Parking's own system 😆

Were you driving?

I know better than to say 😉 And they have never been told, no admission has ever been made. Quite frankly, after 4 years, I have no memory of the driver's identity.

Coupon-mad

And Smart can't hold keepers liable because they never used the POFA until a year ago.

If you are certain the dates match and that PCN is one that's in the claim, you should consider bunging in a POFA defence and a £300 or more counterclaim for data abuse and harassment over a cancelled charge.