CCJ Set Aside Help - Residential Parking

nosferatu1001

You must of course submit a defence

I have no ideas why they have used a witness statement. It suggests they have added to the original PoC which should not be the case

Can you provide the PoC Here? Just copy and paste

You must provide an AMended defence
Take your original defence
Strike out anything that does nto apply (literally - use the strikethrough font option)
Any additions are in RED.

Remember to serve on the court AND the claimant.

The Deep - no chance of a counterclaim, past that point I believe

However winning this could make a claim very easy - start with a LBA, pointing out the court case of X date showed Y, and now you claim...

AdoptedNortherner

Here is the Witness Statement provided by the UKPP to have a look over. Unfortunately it was only received via post so it is available at the below:

xxximgur.com/a/BhHBs4m


We are planning to upload our draft Defence Statement here either tomorrow or Saturday for feedback. However, if there are any standout points from this WS that are worth arguing in a certain way please let us know.

We don't have an original defence to amend so this will be our first defence. For the set aside we submitted only a WS and Draft Order.

Le_Kirk

Here is your link made live: -
https://imgur.com/a/BhHBs4m

nosferatu1001

DEFENCE, not defence statement. Stop making up terms

I cant review this as Im about to travel back to the UK
Bumping as hopefully others can lend a hand.

The_Deep

If this was me or one of my tenants I would take a very dim vew if this indeed. These companies are meant to control parking, not take lawful residents to court.

Once their claim is thrown out I would be looking to extract revenge,
especially if the judge deemed their behaviour to be not unreasonable and refused to allow you CPR27.14.(2)(g) costs. .

AdoptedNortherner

Apologies - Defence I can't say I'm the most familiar with this process or the terms but I am trying.

Another quick one - the DJ ordered for my set aside application cost to be reimbursed by the claimant. They didn't state a date it has to be paid by or any other conditions, just had it needs to be paid. I haven't yet received any payment from the claimant. I presume I now need to speak to UKPP directly for them to pay this, but are there any rules around this sort of thing in terms of time limits if the DJ hasn't specified a payment date?

DoaM

I'd imagine that the set-aside fee would be considered in the costs assessment after the hearing, once the judge has ruled? If it isn't paid beforehand (check with the court what was expected to happen) then make sure this fee is covered in your costs schedule.

Coupon-mad

the DJ ordered for my set aside application cost to be reimbursed by the claimant. They didn't state a date it has to be paid by or any other conditions, just had it needs to be paid.

Is this in writing in an Order that was sent out?

What does that Order say about what both parties must now do if the claim proceeds - does it say WS and evidence to be exchanged, or does it say you are expected to file a defence?

Don't guess, read what the DJ ordered.

AdoptedNortherner

I received the following written order:

1. Judgement in this claim is set aside

2. The Particulars of Claim do not comply with CPR 16.4 (1) (a) and are hereby struck out

3. The Claimant must by XX on XXXXXX file and serve a particulars of claim verified by a statement of truth which must contain full particulars of claim including but not limited to the following:-

a. Whether the claim is brought under Schedule 4 of the Protection of Freedoms At 2012;

I) By Reference to the definition of "relevant obligation" in paragraph 2 os Schedule 4 to the protection of Freedoms Act 2012, whether it is alleged that the claim is based on a relevant obligation:-

a. Arising in any circumstances where there is no relevant contract, as a result of a trespass or other tort committed by parking on the relevant land

ii) If a contract is alleged what was the consideration provided by the Claimant and what was the breach of contract

iii) If no contract is alleged what was the trespass or other tort committed by parking the vehicle on the relevant land

If the claim is not brought under the Protection of Freedoms Act 2012 then it must include:-
b. The cause of action against the named Defendant and how it arose with full particulars

4) Unless the Claimant complies with the above direction the claim shall be struck out automatically without further order

5) If the Claimant does comply with the above direction then the Defendant must file and serve an amended defence within 14 days of service of the amended particulars of claim

6. The Claimants shall pay the Defendants costs of the application assessed in the sum of the court fee of £255.00

nosferatu1001

A costs order has been made, and my understanding is that the default for a costs order is 14 days

Yep, part 44

Time for complying with an order for costs
44.7
(1) A party must comply with an order for the payment of costs within 14 days of –
(a) the date of the judgment or order if it states the amount of those costs;
(b) if the amount of those costs (or part of them) is decided later in accordance with Part 47, the date of the certificate which states the amount; or
(c) in either case, such other date as the court may specify.

So if 14 days has gone and you've not been paid, you could try a quick message to them.