CCJ Issued from a parking fine i had no idea about!

Hello guys, can you review this pelase, your feedback would be greatly appreciated! this is my witness statement so far, not sure whether ive included enough or i have not mentioned the right things, i have not included the evidence for dismissing the claim yet.


NORTHAMPTON COUNTY COURT

Claim No. XXXXXXXXXX

BETWEEN:

XXXXXXXXX Claimant


-- and --


XXXXXXXXXXX Defendant


I ORDER THAT:


1. The judgment dated XXXXXXXX be set aside.

3. The Claimant do pay the Defendant's costs of this application to the sum of £255.



WITNESS STATEMENT

I am XXXXXXXXXX and I am the Defendant in this matter.
This my supporting Statement in support of my application dated XXXXXXX to:
· Set aside the Default Judgement dated 27/03/2017 as it was not properly served at my current address;
· Order for the Claimant to pay the Defendant £255 as reimbursement for the set aside fee;
· Order for the original claim to be dismissed.

1. Default Judgement
1.1. I understand that the Claimant obtained a Default Judgement against me as the Defendant in27/03/2017. However, this claim form has not been served at my current address and I thus was not aware of the Default Judgement when I was doing a routine check on my credit file. I understand that this Claim was served at an OLD ADDRESS (XXXXXXX). However, I moved to a new address in January 2016. In support of this I can provide confirmation from XXXXXXX County Council showing my updated details for the purposes of paying Council tax.
1.2 After moving into my new address XXXXXXX, in January 2016 for the next couple of months I was personally moving from a few addresses which delayed me sending off my V5Logbook to the DVLA to get an address change. when my circumstances changed I sent my V5Logbook off to the DVLA in June 2016 which on their system the address for the vehicle got changed on August 2016.
1.3 However, Due to having split parents my DVLA driving license address has been at the more stable/permanent address XXXXXX since December 2015, had any correspondence been sent to this address also I would have been notified of it.
1.4 I have never received any documentation from the Claimant in this matter and I thus was never able to properly challenge the Claimant’s claim.
1.5. On XXXXXX I contacted Northampton County Court to find out details of the Default Judgement. The lady on the phone gave me the contact details of the claimant and said it was related to an unpaid parking fine.
1.6. On XXXXXXXX I began to contact the Claimant using the contact number given to me by Northampton County Court, I double checked this was the correct number by comparing it to the one on their official website. I was not able to get through to a member of the Claimant’s staff to discuss, nor have I received a response to my numerous answer phone messages left on the Claimant’s legal department answer-phone. This means as the Defendant, I still do not have any details of the incident the Claimant alleges has taken place, other than knowing it relates to an unpaid parking fine.
1.6 On XXXXXXX I sent them an email while still trying to get through via phone and leaving tons of voice messages.
1.7 Two weeks later, on XXXXXXX I sent them a formal complaint letter via post. I waited 1 month for a response as advised by a gentleman from trading standards Bristol.
1.8 No response once again, so on XXXXXX I filled out a customer enquiry form on Bristol Parking Association (BPA) website seeking advice, I waited and no response from them either.
1.9 On XXXXXX I processed the same customer enquiry for a second time on the BPA website, I received a response on XXXXXX saying they will contact Claimant for more information.
1.10 On XXXXXX BPA sent me details of all the proceedings with the initial PCN.
1.11 I believe the Claimant has behaved unreasonably in pursuing a claim against me without ensuring they held the Defendant’s current and correct contact details. According to publicly available information my circumstances are far from being unique. The Claimant’s persistent failure to use correct and current addresses results is an unnecessary burden for individuals and the justice system across the country. This practice was singled out for criticism in the 23rd December 2016 Ministry of Justice announcement of a crackdown on companies issuing claims using incorrect addresses (see exhibit A). Announcing the measures, Justice Minister Sir Oliver Heald stated:
"It cannot be right that people who are unaware of debts can see their lives and finances ruined by county court judgments.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."
1.12 Civil Procedure Rule 6.3 requires that "Where a claimant has reason to believe that the address of the defendant referred to in entries 1, 2 or 3 in the table in paragraph (2) is an address at which the defendant no longer resides or carries on business, the claimant must take reasonable steps to ascertain the address of the defendant’s current residence or place of business (‘current address’).
1.12.1 Very simple and reasonable steps would quickly have provided the Claimant with both confirmation that the address they used was no longer where the defendant resides, and the information needed to acquire a current address. Such sources of information include, but are not limited to:
1.12.2. The local council. 1.12.3. The DVLA driving license address. 1.12.4 A simple google search of my name shows links to my Facebook and other social media platforms that I could be reached on. 1.12.5. Address searches can be as little as £35 plus VAT on websites, there is also no reason the claimant could not incur the costs of a trace, because those costs can be added to their proceedings.
1.13. On the basis provided above I argue that the Claimant did not fulfil their duty to use the Defendant’s current address when bringing the claim. The Claimant had obtained the Defendant personal details from the DVLA without the Defendant’s acknowledgement. They did not take reasonable steps to ensure they have my updated personal details when issuing the proceedings in March 2016.
1.14. The defendant was there to be found if alternative methods had been used.
1.15. Considering the above I was unable to defend this claim properly. I thus believe that the Default Judgement against me was issued incorrectly and thus should be set aside.

Quentin wrote: »

Should happen more or less straight away

the hearing was Wednesday 7th and i opened money saving expert credit club today and it says it is still there, do i contact my local court about this?