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I would remove the word 'mandatorily'.Questions: Is this also the place to include:The unreasonable amount of ticket invoices issued on the same day and what legislation would be appropriate for this? Yes - no legislation - just state that this is either impossible or the ticketer (or residents) have removed PCNs issued minutes before, and placed a second then third one on the car, which is ridiculous, given that the ticketer employee would have been the same person each time. If the particulars are wrong then there shoudl be no relief from sanctions and the claim should be reissued at the expense of the Claimant, if not struck out by the court for abuse of process (adding false sums to the parking charge) in which case it ends here. Append a copy of the Southampton case - the one that goes with our template defence.The fact that Im law abiding and have kept up to date with other changes like my change in utility bill? Yes, add that there was no attempt to walk away or hide from any liabilities and you were there to be found.The fact that I have to leave my lancs address on short notice due to a job change and intense year of training which caused me to forget to deal with my DVLA? Yes, cover that briefly.
Just a small point - it is a N244, whereas you keep putting N422
DRAFT ORDER Q3 of N244
IN THE COUNTY COURT AT: xxxxxxx
XXXXXX XXXXX LIMITED (Claimant)
Miss xxxx xxxxxx (Defendant)
Judge - CCBC Northampton
IT IS ORDERED that:
1. The default judgment dated 16th August 2019 be set aside
2. Costs of to be £255 for the set aside to be awarded
3. If the Claimant serves the claim form as directed in paragraph 3 the Defendant shall file and serve a defence by 4pm on [date].
4. A mandatory set aside be awarded as stated in CPR 13.2
6. That all enforcement be put on hold pending the outcome of the application.
I am NAME and I am the Defendant in this matter. This my supporting Statement in support of my application dated x July 2020 to:
CPR 13.2 states:
13.2 The court must set aside a judgment entered under Part 12 if judgment was wrongly entered because:
(a) in the case of a judgment in default of an acknowledgment of service, any of the conditions in rule 12.3(1) and 12.3(3) was not satisfied.
CPR 12.3(1) states:
(1) The claimant may obtain judgment in default of an acknowledgment of service only if:
(a) the defendant has not filed an acknowledgment of service or a defence to the claim (or any part of the claim); and
(b) the relevant time for doing so has expired.
The relevant CPR for acknowledgment of service is CPR 10.3 which states
CPR 10.3 states:
(a) where the defendant is served with a claim form which states that particulars of claim are to follow, 14 days after service of the particulars of claim; and
(b) in any other case, 14 days after service of the claim form.
(2) The general rule is subject to the following rules:
(a) Rule 6.35 (which specifies how the period for filing an acknowledgment of service is calculated where the claim form is served out of the jurisdiction under rule 6.32 or 6.33);
(b) Rule 6.12(3) (which requires the court to specify the period for responding to the particulars of claim when it makes an order under that rule); and
(c) Rule 6.37(5) (which requires the court to specify the period within which the defendant may file an acknowledgment of service calculated by reference to Practice Direction 6B when it makes an order giving permission to serve a claim form out of the jurisdiction).
CPR 6 states:
As I was unable to give the correct address to the claimant at which I could be served, primarily because I was not asked, CPR 6.9 applies.
CPR 6.9 stipulates that an "Individual" should be served at their "Usual or last known residence."
2. There is good reason to believe that the claimant did not serve the judgement correctly to my LONDON address. The Subject Access Request received on 15th June 2020, evidences a ‘Letter before Claim’ being sent to my LONDON address, which I did not actually receive. (Appendix
3. It appears that despite obtaining the LONDON address through third party companies and receiving no response from me due to not actually receiving the ‘Letter Before Claim’, the claimant did not continue to obtain requisite knowledge nor perform the requisite "reasonable diligence" required to send further correspondence or serve the claim form for the judgment correctly.
4. It appears the claim form was sent to my previous ADD LANCS, when the claimant demonstrated the ability to trace my current address correctly.
5. Although the ‘Letter before Claim’ was never actually received by me at my LONDON address, their evidence demonstrates their ability to trace my current LONDON address accurately.
6. Therefore, had the claimant made ‘’reasonable diligence’’ to properly make me aware of the claim form and details relating to the judgement, I would have taken prompt action as I am doing now to deal with the claim if it has been served correctly.
7. Thus, I order for the original claim to be dismissed.
I have decided to add a supporting statement as above with my draft order. Would this be okay?
Does anything else needed to be added in the Draft order?
Witness Statement - Q10 of n244
I am XXXX and I am the defendant in this matter. This is my witness statement to my application dated July 2020 requesting to:
a. Set aside the default judgment dated 16th August 2020 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 £255 as reimbursement for the set aside fee.
1.1. I was the registered keeper of the vehicle at the time of the alleged offence.1.2. I understand that the Claimant obtained a Default Judgement against me as the Defendant on 16th August 2019. I am aware that the Claimant is XX, and that the assumed claim is in respect of various unpaid Parking Charge invoices at xxxxx Avenue - xx9. I contest this charge for the reasons outlined in the attached Draft Defence. (do I need to attach the draft defence or shall I keep this if the set aside isn’t granted?)1.3. The claim form was not served at my current address and I thus was not aware of the Default Judgement until 9th June 2020 following a check of my credit report prompted by plans to move and rent a new home: Appendix B1.4. 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;1.4.1 I discovered a CCJ was lodged onto my credit file on the 9th June 2020 and took prompt action to find out more about the claim and claimant. As this is not something, that I have experienced before, I was sure how I would need to query and manage this issue.1.4.2 On 9th June 2020, I contacted CCBC to query the claim via telephone and was given details about G solicitors and the claimant. When asking for more details about the claim, it was suggested that I speak with the claimant’s solicitors.
1.4.3 On 9th June 2020, I called G solicitors via telephone to query and ask how this could be resolved. On questioning about the particulars of the claim, I was told about the judgement amount of £88183 needing to be paid, and when questioning this further, I was told to seek private legal advice as they no longer want to speak with me.
14.4 On 9th June 2020, I google searched for information on what to do and how to deal with a CCJ as this has never happen to me before. I called several solicitors in the area of which three got back to me, one stating that the costs would exceed the claim amount,, another stating the claim amount wasn't high enough and therefore they wouldn’t be willing to represent and another stating not having capacity to deal with new claims due to current pandemic.
1.4.4 On 9th June 2020, I contacted the Citizens Advice bureau twice, one via telephone and another via online chat who also stated general advice on setting aside and/or paying off the CCJ. No formal advice on disputing the claim was given but the Citizens Advice Bureau did state asking for a Subject Access Request from G Solicitors, and also suggested that I call Step change for support.
1.4.5 On 9th June 2020, I sent an SAR to x solicitors; Appendix C
1.4.6 On 10th June 2020, I called Step Change via telephone who stated that they were unable to support me with my query and to see k professional legal advice. It appears they were already inundated with requests of support due to the pandemic, however they did state contacting the Law Centres Network for more advice.
1.4.7 During the time between 10th June 2020 and 15th June 2020, I continued to contact private solicitors via telephone, all of which had an automated voice mail which recorded my details and stated they would called back. I received no call backs from any of these private local solicitor firms.
1.4.8 On 15th June 2020, I received Subject Access Request back from G solicitors with details of CCJ Judgement, letters of Parking Invoices sent to my (lancs address), and a ‘Letter Before Claim’ sent to my (lancs address) and one to my (current london address) that I didn’t actually receive.
1.4.9 Had I received the Letter before Claim to my London address, I would have acted promptly to find out more and deal with the claim, as I have been acting promptly since 9th June 20200 when finding out about the judgement.
1.4.10 On 30th June 2020, The Law Centres Network emailed back to state they are unable to help with this type of claim; Appendix D
1.4.11 On 3rd July 2020, I also spoke to National Debt line to get further support but was advised to speak with Citizens Advice Bureau. On speaking with the Citizens Advice Bureau again, I was advised to complete the N422 form to set aside the CCJ and the details of what I would need to gather to accompany the form.1.4.12 On 13th July 2020, I also sent for a Subject Access Request from xxx (Claimant) and received this on 14/07/2020.
1.4.13 As I noticed an absence in the County Court Judgement Claims Forms, I contacted County Court Business Centre via telephone to a copy of these forms. I also requested a SAR from County Court Business Centre on 16th July 2020 for the Claims forms.; Appendix E
1.4.14 On x July 2020 I have wilfully submitted my case in order to set-aside this judgement and fairly present my case.1.5. I believe the Claimant has behaved unreasonably in pursuing a claim against me without ‘’reasonable diligence’’ to properly serve the claim forms and details relating to the judgement.
1.5.1 As evidence in the SAR evidence received by the claimant, they appeared to have sourced my current address from a third party organisation and sent a ‘Letter Before Claim’ to my current London Add, that I did not actually receive.
1.5.2 It is unreasonable for the claimant to have sent the actual Judgement Claim forms to the previous address even though they had clearly traced my current address and sent a ‘Letter before Claim’ to this address. Even though I did not actually receive the ‘Letter before Claim’ to my current LONDON address, the claimant made no attempts to ensure the ‘Letter Before Claim’ was received by me or Judgment Claim form was served correctly.
1.5.3 Had they used the current LONDON address they had traced to serve the judgment claim forms, I would have taken prompt action as I am doing now to deal with the claim.
1.6. On that basis, I believe the Claimant has not adhered to CPR 6.9 (3) where they had failed to show ‘’reasonable diligence’’ in using an address that I, the Defendant no longer reside in; (lancs add) to serve the claim forms, when they had taken the steps to trace my current address, which is situated clearly on my credit file. I am also on the electoral role with details of my current address and therefore there is no doubt in the possibility fo serving the claim form correctly.
1.6.1 The claimant did not take reasonable steps to ascertain the address of my current residence despite having allegedly sent a ‘Letter Before Claim’ on 31st May 2019 which I did not receive; Appendix B. This has led to the claim being incorrectly served to an old address and is deemed an irregular judgement.
1.7 In pursuing to set aside the judgment, since 9th June 2020, I have demonstrated the ability to act promptly and contact the relevant parties to deal with this judgment. If the judgment has been served correctly, and had I been made correctly aware at the time it was served, there is no doubt that I would have taken necessary immediate action to manage the judgment, make amends and protect my financial status.
1.8 Although I feel may action has been prompt, it may feel that there time between 9th June 2020 to now is lengthy. I feel I have abided by CPR PD 23A (2.7), which states: ’every application should be made as soon as it becomes apparent that it is necessary or desirable to make it.' I have always been a law abiding citizen and never had to deal with this before. I have always kept up to date with my taxes, paid my bills and worked and trained as a psychological therapist in the NHS. I recently started my own online business in the midst of the Pandemic which has also prevented accessing the dole or furlough and I’ve taken the appropriate measures to cut down and financially sustain my living without needing support from the government.
1.8.1 As I wasn’t aware of how to deal with a CCJ on my credit file, the researching and understanding of how to set aside my judgment and quote the appropriate legislation to support my set aside took some time to identify whilst also running an online therapy and coaching business full time.
1.9.. According to publicly available information my circumstances are far from being unique. The Claimants and its industry’s persistent failure to use correct and current addresses results is an unnecessary burden for individuals and the justice system across the country.
1.9.1 Also, speaking from experience I feel that an incorrectly served judgments lodged to one’s credit file can cause unnecessary distress and caused a significant impact to my mental health, where I experience heightened anxiety and panic about how this may affect my financial independence for the next crucial six years. Although challenging to overcome this, I continued to pursue and obtain as much information as possible for this set aside.
1.9.2 Furthermore, 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.” Furtherance to points raised in 1.3 above.
1.10. Considering the above, I was unable to defend this claim. I believe that the Default Judgement 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 £255 from the claimant should this request be successful.
Hi wonderful people. Please could take a look at my recent posts and advise accordingly?There are many typos and I will be checking this before I send off
Is there anything that needs to be added?
Anything that needs to be taken out?
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