UKCPM county court claim filed

Quentin

It will already be on the defendant's credit file etc.


Read up on the threads here on set asides - I can't remember any who were refused. (If there are it will be a minority) No-one can guarantee it, but you have good grounds for a set aside, and can show a decent defence


CCJs get registered immediately they are handed out.


If you decide to pay it off then get proof of payment from the claimant (send them a stamped addressed envelope with receipt to sign, date and return to you, so that should they fail to inform the Court the ccj was paid you can do so yourself)

Coupon-mad

Jamran wrote: »

The payment is due on 7th feb. After that it gets on his credit file even if I paid it off after that. What’s the probability of this getting set aside? Because it there’s a chance it won’t I’d rather pay off the debt so he doesn’t get a ccj.

Contact the court and ask how come no notice was given of the hearing? If they admit to an error, then the defendant should not have to pay to set aside this case, as it is an injustice by the court.

Jamran

I was refused before albeit I wasn!!!8217;t prepared. I was away for 2 months abroad and I got default judgement against me. When I went to the set aside hearing, I didn!!!8217;t have any defence details with me about the actual case. I thought the hearing was only to hear why I wanted it to be set aside. The judge wanted to hear my defence and as I didn!!!8217;t have any she rejected it.

Coupon-mad

When attending a set aside hearing you do need to show mainly that you didn't get the claim form (usually due to it being sent to the wrong address), and that this is the fault of the claimant because you were 'there to be found'.

And that you acted quickly to set aside the CCJ as soon as you were aware of it, and yes, you MUST be prepared to show the Judge the basis of a defence argument, so he/she can take the view that you have reasonable prospects of success.

Explained better by solicitor poster, Johnersh, here:

https://forums.moneysavingexpert.com/discussion/comment/73812732#Comment_73812732

But this time, are you not saying that the court has messed up? I am confused by your posts but you did say this:

After I had done that and the court stated it will get back to me about a date for the hearing I heard nothing else. Until last week when I got a court judgment stating the judgment was passed against me and stated I did not attend the hearing! It had apparently taken place 9th January. I had no idea of it as I didn’t receive any notice about it.

KeithP

Jamran also said:

Jamran wrote: »

I was away for 2 months abroad and I got default judgement against me.

Very confusing.

Jamran

KeithP wrote: »

Jamran also said:

Very confusing.

This is incident is not related to this case. It’s my personal experience with a previous case

Coupon-mad wrote: »

When attending a set aside hearing you do need to show mainly that you didn't get the claim form (usually due to it being sent to the wrong address), and that this is the fault of the claimant because you were 'there to be found'.

And that you acted quickly to set aside the CCJ as soon as you were aware of it, and yes, you MUST be prepared to show the Judge the basis of a defence argument, so he/she can take the view that you have reasonable prospects of success.

Explained better by solicitor poster, Johnersh, here:

https://forums.moneysavingexpert.com/discussion/comment/73812732#Comment_73812732

But this time, are you not saying that the court has messed up? I am confused by your posts but you did say this:

I did not receive any notice of a court hearing date thus I did not attend the hearing. However, I called the court and apparently a letter/notice was sent to my address back in November. However, I didn’t receive anything.

Jamran

Here’s my WS. Any help would be appreciated

IN THE XXXXXXXXXXXXXX COUNTY COURT

Claim No. XXXXXXXXX

BETWEEN:

XXXXXXXXXX Claimant


-- and --


XXXXXXXXXXX Defendant


_____________________________________


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 Judgement dated XXXXX as it was not properly served at my current address (should I say this or say clearly I did not receive the hearing notice?;
· Order for the original claim to be dismissed.
(I haven’t include reimbursement of fee here as my uncle is a pensioner so I have applied for remission of the fee. Is that correct? Or should I include it)

1. Judgement
1.1. I understand that the Claimant obtained a Judgement against me as the Defendant at a hearing on XXXXXX. However, I did not receive any notice of the hearing date that was set. As a result, I was not aware of the hearing thus not attending it to defend my case.
1.2. Prior to this, I had submitted my defence against the claim and I had every intention of defending myself in court. After this I have not received any details about a court hearing date.

1.7. Considering the above I was unable to defend this claim properly. I thus believe that the Judgement against me was issued incorrectly and thus should be set aside.



2. Order dismissing the Claim

2.1. I further believe that the original Claim by the Claimant has no merit and should thus be dismissed. I understand that the Claimant is a Parking Company which seeks to claim for “Parking Charge Notices” which the Claimant believes are due as a result of an alleged breach of contract for parking by a motorist.

2.2. If the Claimant has obtained details of the vehicle for which the Defendant is the Registered Keeper, and used those details to make a claim for a “Parking Charge Notice’’, I thus dispute the claim in its entirety as I do not know the wording of the contract nor do I know the means by which the contract was alleged to come into force.

2.3. If the Claimant can evidence that the alleged incident relates to a vehicle for which the Defendant is the Registered Keeper, any Notice to Keeper served by the Claimant would have needed to comply with the requirements of Schedule 4 of the Protection of Freedoms Act 2012. Otherwise, the Claimant is required to prove the driver of the vehicle they claim was involved in the alleged incident. I submit that the Claimant cannot provide such evidence and further submit that the Claimant does not include ‘Protection of Freedoms Act 2012’ wording on the Parking Charge Notices they issue and therefore cannot hold the Defendant automatically liable for the alleged incident merely for being the Registered Keeper of a vehicle.

2.4. I further submit that the Claimant’s claim is without merit due to substantial issues in law. This is for the following main reasons:
2.4.1. Lack of Standing by Claimant: The Claimant is unlikely to be the landowner of the car park in question, and will have no proprietary interest in it. This means that the Claimant, as a matter of law, will have no locus standi to litigate in their own name. Any consideration will have been provided by the landholder, and only they would have been able sue for any damages or trespass.
2.4.2. Claimed charge is an Unenforceable Penalty: I further submit that the Parking Charge that the Claimant claimed, given it is not based on any loss suffered due to the alleged breach, is nothing but an unenforceable penalty.
2.4.3. No contract with the claimant: Any contract must have offer, acceptance and consideration both ways. There would not have been consideration from the Claimant to the motorist; the fee for parking benefits the landowners, not the Claimant. Therefore, there is no consideration from the motorist to [name of claimant].

2.6. On this basis I believe that the Claimant has not provided any reasonable cause of action and thus the claim should be dismissed in its entirety.
2.7. In order to make informed decisions and statements in my defence as keeper of the a vehicle, I will require copies of all paperwork and pictures of all signs from the Claimant.




Statement of Truth:
I believe that the facts stated in this Witness Statement are true.
Full name: xxxxxxxxxxxxxx

Dated: XXXXXXXXXX

Signed: ________________________________

Is there anything I should add to my defence?

The_Deep

If this is a case where the court screwed up, surely OP does not have to pay/jump through hoops to get it reheard. Is the Cours Service subject to scrutiny by the PHSO?

Jamran

The_Deep wrote: »

If this is a case where the court screwed up, surely OP does not have to pay/jump through hoops to get it reheard. Is the Cours Service subject to scrutiny by the PHSO?

I called the court. They’re adamant the notice was sent out. She stated a date in November 2017. So it’s a case of my word against theirs it seems? I’m suspecting the letter must’ve got lost in the post or they didn’t send it

Coupon-mad

(should I say this or say clearly I did not receive the hearing notice?)

Your Uncle is the Defendant? He should clearly write that he did not receive any letter about a hearing and was waiting to get this, with every intention of attending a hearing. How about Uncle includes a Witness Statement from you as well, saying you've been helping him with this case and both of you were waiting to get the hearing date and you can confirm no such letter arrived (statement of truth at the end, signed & dated by you).

(I haven't include reimbursement of fee here as my uncle is a pensioner so I have applied for remission of the fee. Is that correct? Or should I include it)

No need, and it's a no-brainer to do this if it's free! Make the court sort it out.