Civil Enforcement CCJ set aside - update - hearing next week

Gypsygold

Following on from a successful set aside hearing I now have to produce a defence and witness statement. I have also been asked to send copies of documents on which I will reply to the court and CEL by 20 March (as in 2 days' time). I am assuming that this would just be photos that I have taken and not documents such as copies of POFA 2012 and the BPA code of practice? I am also assuming that if CEL come up with anything new then they would be contravening law in not providing this when asked to do so via my previous SAR?

The letter from the court post-set aside reads as follows:

1. Judgment dated 26/07/2018 is set aside pursuant to CPR 13.2.
2. The document attached to the application notice dated 30/11/2018 shall stand as the defence herein.
3. Claim is allocated to Small Claims Track
4. By 4pm on 20 March 2019 each party must send to the other party and the Court copies of documents to be relied upon.
5. By 4pm on 03 April 2019 each party shall send to the other party witness statements detailing the factual evidence upon which a party seeks to rely at the trial.
6. Claim listed for trial on 18 April 2019 at 10:00 am at Cambridge county court with a time estimate of 1 and half hours.
7. Costs of Defendant's application to set aside judgment are reserved.

It is point 4 I would like advice on please. I will prepare a defence and witness statement soon based on other similar cases and will ask for you advice on that later.

I also have the following statement from the court:
Unless the claimant does by 4.00pm on 21 March 2019 pay to the court the trial fee of £25.00 or file a properly completed application (i.e. one which provides all the required infomration in the manner requested) for help with fees, then the claim will be struck out with effect from 21 March 2019 without further order and, unless the court orders otherwise, you will also be liable for the costs which the defendant has incurred.

KeithP

The 'documents you intend to rely upon' will indeed include the photographs.

But it also includes your Witness Statement and any other evidence.

So your assumption that you don't need to supply 'copies of POFA 2012 and the BPA code of practice' is flawed.
If you intend to rely upon POFA Schedule 4, then you must file and serve that as evidence - not the whole of POFA, just Schedule 4.
Similarly with the BPA CoP - perhaps just the bits you are referencing.

You've had a month to get this ready.
Show us your Witness Statement when it's ready if you wish.

Gypsygold

KeithP but it states that witness statements must be provided by 3 April, documents by 20 March, hence the confusion.
I will send what I have by signed for post to CEL and hand deliver to the court hearing centre tomorrow. I presume that would be the correct destination for the documents.

KeithP

OK, didn't spot point 5.

Do not use 'signed for' post to CEL.

The general rule is:

Never ever use any form of post that requires a signature when writing to a parking company.

All that does is allow them to refuse delivery.
Proof of non-delivery is not quite what you want.

Use standard 1st class and get a free Certificate of Posting from the Post Office counter.

The item is deemed delivered two working days later.

Gypsygold

Thanks KeithP. So should I just send POFA, BPA COP and photos by 20th and then witness statement by 3 April? Will that be ok?

KeithP

Not the whole of POFA. That is 228 pages.

Just the eleven pages of POFA Schedule 4.

And of course any other evidence.
There's a list of what you might include as evidence in post #2 of the NEWBIES thread.

Gypsygold

Success, case struck out as CEL didn't bother re-entering the claim after set aside. Thank you everyone for all your help - couldn't have done it without you. Now to try and get my £255 back as the judge reserved costs.

Coupon-mad

Gypsygold wrote: »

Success, case struck out as CEL didn't bother re-entering the claim after set aside. Thank you everyone for all your help - couldn't have done it without you.

Now to try and get my £255 back as the judge reserved costs.

Yay! Another one bites the dust! :T

A result, well done - and on getting the costs reserved at the set aside!