CCJ Set Aside CP Plus

tedharris02

Hi all

Ive sent off the set aside and now its a waiting game. Ive read the previous threads on this car park too. I'll let you know of the outcomes, and also submit and share the Which? call out.

Hopefully it all goes well.

tedharris02

So a hearing for a SET ASIDE has been set in 5 weeks time. Not the actual initial claim. Enforcement has been stayed until the outcome of the set aside.

Should we treat this the same way as you would an actual defense were it for the claim in the first place, or does a set aside hearing have its own rules?

EDIT: Found this from couponmad

"2. At the set-aside hearing you have to convince the judge of two issues:
(a) The first is that you did not receive the paperwork.
(b) The second is that on the balance of probabilities you have the potential to win your case. If convinced, he/she orders a re-hearing of the case and a date will be set 14 days or so later for a defence to be filed.

3. For the set-aside hearing, the parking company is likely to put in a letter outlining why you can't win and if they are persuasive, you'll be £255 down and no further forward. Many set-asides are successful though, and there's no reason why you can't attach your own persuasive Witness Statement to the N244 to try to get it set aside quickly."

I guess a) the initial witness statement wasnt strong enough and b) dont need an actual defense until the re-hearing.

I wont be there, my mum and her husband will so not sure how to go about it. Im in a different city too. I guess its best if she becomes comfortable with the witness statement and her overall defense, but English isnt her first language so no clue how to go about this.

Any advice?

The_Deep

Watch this video and complain strongly to your MP.


http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

nosferatu1001

Well you should already have sent in your
1) Draft order
2) witness statement to support set aside
and
3) draft defence (to show reasonable prospect of success / to show C has no realistic prospect of success and the claim should be struck out without need for a further hearing)

So that should be, I believe, all you need

Did you draft order contain a "pay set aside sum of £255 within 14 days of set aiside hearing, or in the event the claim is discontinued without a furhter hearing" clause?

tedharris02

Ive sent in 1) and 2) and the draft defence (order to dismiss the claim) was included as part of the witness statement, where I asked the claim to be dismissed and outlined the reasons why the best of my ability. I stated that full defence would be submitted within 14 days of getting the set aside.

The draft order asked for the £255 but did not set a timeframe on it. And I asked for the enforcement to be halted, which it was.

Its mostly what was in the OP with a few additions, and removed couple of things too.

tedharris02

The_Deep wrote: »

Watch this video and complain strongly to your MP.


http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

Wish I could find the time to. The company has taken at least a dozen other employees to court too it seems. Im sure theres others that mother isnt aware of.

It aslo seems that meadowhall itself doesnt care that their emplooyees are being fleeced, and have been provided with very inadequate alternatives.

Quentin

The ppcs monitor this forum and can use your posts against you


If you have inadvertently used your real name as your forum name you need to get MSE to change it to something completely anonymous

tedharris02

I have, this is just a made up name now

tedharris02

So, turns out they've not even issued NTKs. Just straight to Debt Recovery Letters. No photographic evidence etc.

Methinks I'll submit a fresh WS and draft defence now that I know which court its going to. Also, her employer is trying to get involved to a) get CP Plus to drop the charges and b) get them to stop haraassing her.

Gone all the way to regional manager of Yorkskhire.

The_Deep

Wish I could find the time to. The company has taken at least a dozen other employees to court too it seems. Im sure theres others that mother isnt aware of.


Which is why you should find the time.