CCJ set aside

Fridge_Emptier

Sorry it's been a while.
I've been busy at work and then Easter egg holiday happened.

I've written my:

- Draft Order
- Witness statement
- Schedule of costs
- Index sheet (listing all docs and copies for proof)

I'm confused though about a couple of things now:
1. at the top of the N244, do I put the name of the court the CCJ was registered in? - not my local county court where I hope it will end up?
2. how many copies of everything do I need? In this little party I'm organising, there's me, the idiots at unCivil encroachment Ltd and the court. So, do I send 3 copies of everything to the court for them to distribute? Do I just send one copy of everything to the court and then send a copy separately to the claimant idiots?
I want to send this all off now but want it to be complete.

Thanks in advance - these forums have been such a great help.

KeithP

Oh dear.

It's now over three weeks since you last posted.

Set aside proceedings must be treated with some urgency.

You will probably need to demonstrate that you took action as soon as you became aware of the CCJ.

Fridge_Emptier

I did take action.
I called up the claimant.
I researched and prepared the aforementioned docs.
I had work to do - paid by the hour.
I had a holiday booked that I had to go on.

So, that aside, what's the take on my questions, please?

Coupon-mad

1. at the top of the N244, do I put the name of the court the CCJ was registered in? - not my local county court where I hope it will end up?

Your local court, which is where it will be heard.

2. how many copies of everything do I need? In this little party I'm organising, there's me, the idiots at unCivil encroachment Ltd and the court. So, do I send 3 copies of everything to the court for them to distribute? Do I just send one copy of everything to the court and then send a copy separately to the claimant idiots?

See here, CEL will not turn up, you just send it to your local court (NOT your defence, that's to run thtrough the hearing):

https://padi.zendesk.com/hc/en-us/articles/115002969434-How-to-apply-for-a-CCJ-set-aside

Quentin

Fridge_Emptier wrote: »

I did take action.
I called up the claimant.
I researched and prepared the aforementioned docs.
I had work to do - paid by the hour.
I had a holiday booked that I had to go on.

Don't dismiss the delay in submitting your application like this to the Judge.

You are expected to make your application promptly. You will always see that pointed out wherever you research how to do a set aside. 2 weeks is taken as the longest you should delay.

(You only get 14 days from service of a claim to contact the court - after which you can get a default ccj if no contact is made.)

That includes work commitments etc! (Do take care how you deal with this issue!)

Fridge_Emptier

Thanks Quentin.

Hmmm, I didn't realise that.
I figured, seeing as it's been there and unknown to me for a couple of years that haste was the last thing expected.
Still doesn't make right what they've done whether I take 2 minutes or 2 months to contest it - in my 'reasonable man' eyes.

I have a lot going on at the moment and other things had to take priority for the sake of my livelihood.

I'm now getting more confused by the minute.
I've taken snippets from Witness statements and Defences from others on this forum.
I was never quite sure what to send or take with me and when, but I kept building the documents up.

I think I should send the witness statement and draft order with the N244 and the £255 - nothing else - just that.
Sound right? Just enough to get the CCJ set aside.

Then, on hearing day, I bring with me my defence.

My Witness statement has elements of a defence in it but now I think I just need a few short facts as to why the CCJ should be set aside - wrong address; knew nothing about it.

Then, all the other information I have (about why the ticket and PCN should never have been issued to me in the first place) should go into the Defence I bring with me.

I don't want to mess this bit up as well as being seen to have taken more time than they'd expect.

Coupon-mad

I think I should send the witness statement and draft order with the N244 and the £255 - nothing else - just that.
Sound right? Just enough to get the CCJ set aside.

Then, on hearing day, I bring with me my defence.

Yes that's right, and point out at the hearing, the POFA and the fact CEL do not comply with it and the fact that more than one driver could use that car at the material time (good to have a copy handy of the car insurance to show the Judge too, if it shows more than one possible driver).

That way you might convince the Judge to strike the entire claim out as having no prospects of success against a rk, in a case where the driver was never identified. There is no cause of action against a keeper, without the POFA.

Which Court is local to you? Manchester and Skipton are best!

Fridge_Emptier

Thanks Coupon-mad :-)

Yes that's right, and point out at the hearing, the POFA and the fact CEL do not comply with it and the fact that more than one driver could use that car at the material time (good to have a copy handy of the car insurance to show the Judge too, if it shows more than one possible driver).

That way you might convince the Judge to strike the entire claim out as having no prospects of success against a rk, in a case where the driver was never identified. There is no cause of action against a keeper, without the POFA.

My situation is different. Without giving too much away: I parked with permission in a borrowed car. It was me and I won't contest that. The car park tenant noted my details down so as to avoid a parking fine but seemingly never entered it into their computer system. Ticket ensued. I then called tenant up and they failed again to cancel said fine.
I was with an associate of mine on the day - we met there. He had the same issue but the tenant managed to cancel his fine when he phoned them. They failed me. I have email conversations printed out relating to these events. That's my defence - system failure resulted in a fine but I parked with permission.

The CCJ part happened after I'd moved house.

So, for my defence docs, I have email proof of my associate's fine cancel and the facts of the events as they unfolded. The burden of proof is on them and I'm hoping odds are stacked in my favour.

Coupon-mad

Ah, OK that is a bit different!

nosferatu1001

It doesnt matter too much as CEL wont turn up.

Show us your draft order. It MUST include provision that CEL pays your set aside fee if they discontinue, which they WILL DO.

Usually 21 days is the max you can leave it before making the applicaiton, so DO NOT delay. If asked just apologise and state you did this as soon as possible however you had a prior holiday booked with family which could not be caneclled at such short notice.