Set aside: defence & advice needed

Fat.badger_2

Hi new to forum

Have read newbies thing - don't think answers my specific question - not sure if any members can help?

I've recently had my default CCJ set aside at a hearing after paying the £255 fee. The original default judgment had been made in relation to me having stopped outside my flat for a few mins to unload furniture about three years ago - this year the PPC decided to put in a claim against my old address I moved out of 18 months.

I had put in a draft order asking for the claimant to pay the £255 fee as they obviously didn't bother checking for my address beforehand - and I thought my argument was pretty good - problem was the judge was quite dismissive and hadn't read my witness statement as it was right end of the day and wouldn't award costs saying it wasn't their fault they didn't know what address I was at - I said that I wasn't sure how it was my fault either which didn't seem to help.

Anyway... is there anyway I can try to reclaim the fee or force issue at hearing - I have a feeling they will just discontinue before a hearing as this is what they did last time.

Any advice would be much appreciated!

KeithP

Did your Draft Order look anything like this:

forums.moneysavingexpert.com/showthread.php?p=74830861#post74830861

I.e. mention costs being reserved, and what happens to those costs if the Claimant discontinues.

Umkomaas

What was the address on your V5C (logbook) at the time of the parking event?

What address is it now showing (check, don't guess) - your current or previous address?

Fat.badger_2

Hi thanks for your posts....

This was my draft order:

1. The judgment dated Xxxxx be set aside.

2. The Defendant shall file and serve its Defence by 4pm on [insert date].

3. The Claimant do pay the Defendant's costs of this application to the sum of £255.

4. The Claimant has permission to file and serve a reply if so required.

.....

The V5 was registered at correct address at the time - I sold the car 18 months ago before I moved addresses - ofcourse V5 updated to new owner etc - also I registered electoral register month I moved

They solicitors put in a identity search to find my current address about 2 weeks after default judgement to helpfully send me the bill.

I had this all in my witness statement but as I've said, the judge was pretty belligerent and would have none of it... surprised they treat lay persons in this way.

The other side didn't even show up which didn't get a mention.

Fat.badger_2

@Umkomaas

Are you able to advise at all?

Many thanks

waamo

Fat.badger wrote: »

Hi thanks for your posts....

This was my draft order:

1. The judgment dated Xxxxx be set aside.

2. The Defendant shall file and serve its Defence by 4pm on [insert date].

3. The Claimant do pay the Defendant's costs of this application to the sum of £255.

4. The Claimant has permission to file and serve a reply if so required.

.....

The V5 was registered at correct address at the time - I sold the car 18 months ago before I moved addresses - ofcourse V5 updated to new owner etc - also I registered electoral register month I moved

They solicitors put in a identity search to find my current address about 2 weeks after default judgement to helpfully send me the bill.

I had this all in my witness statement but as I've said, the judge was pretty belligerent and would have none of it... surprised they treat lay persons in this way.

The other side didn't even show up which didn't get a mention.

What exactly has happened? Has it been to a set aside hearing?

Umkomaas

Fat.badger wrote: »

@Umkomaas

Are you able to advise at all?

Many thanks

Sorry, but I've no idea what you're asking for.

Threads pop up, get answered, we move on to the next one. It's like blitzkrieg here most days.

It's impossible to keep tabs on threads that have had no input from the OP for almost a month, so as to keep it in the crosshairs of the forum. They rapidly fall down the forum and into obscurity.

By example, since your prior post on 21/12/18, some 800 (yes, eight hundred!!) threads have moved ahead of yours and have been responded to and advised by the mere handful of regulars who operate here - all in less than 4 weeks.

While your case might be uppermost in your mind, I'm afraid it's impossible for forum regulars to work on the same basis.

Once it's all over for you, come and join us to advise others!

Fat.badger_2

It has been to hearing and has been set aside.

The judge wouldn't award costs for my application.

The new hearing for the original claim is scheduled in March. Whether claimaint proceeds or not is another issue....

Just wanted to know if anyone could advise if there is another way to try and claim the original costs of the applications fee, namely £255?

Fat.badger_2

Thank you for your time.

I've not used forums before so not really sure how they work. I had a specific question but I think I've found the answer.

Many thanks for your efforts

Coupon-mad

You can only ask the Judge at the next hearing if the Claimant proceeds with the case. The court should issue an Order setting out what each party must now do, and by when.

If you win the defended claim and can argue and how that the Claimant has acted wholly unreasonably in the court process (e.g. by not providing a WS in time, then trying to ambush you with very late evidence just before the actual case hearing) then you could argue for costs 'on the indemnity basis' citing wholly unreasonable conduct, as per Dammermann:

https://www.lawgazette.co.uk/legal-updates/civil-procedure-unreasonable-conduct-and-costs/5061032.article

So at the moment the £255 is not reserved by the Judge you saw about the set aside, so it's not easily claimable and you might end up never getting that back unless you actually chose to separately sue the PPC for it once this is all over, citing why the claim should never have arisen, should never have been sent to the wrong address and as a result the company caused you significant distress, as well as tangible loss, through no fault of yours, in pursuit of a charge that was meritless and unfair from the outset, etc.

But it would be your case to prove. Never seen anyone try to sue for their £255 back but in theory most things are arguable...

Fat.badger_2

Thanks for the advice coupon-mad....

I have received the judges order of set aside and allocation of a new hearing.

Only mention of costs are that if claimant fails to pay trial hearing by X date the claim will be 'struck out' and they 'will be liable for the costs which the defendant has incurred.'

Is that not an avenue or have I mistaken that for something else?

It's just that I have had two other separate claims struck out in the past from same people cause they didn't pay the trial fee - they have form!

On aside: there seems to be quite a lot of people in the forum who have successfully had their fees refunded at set aside hearings - are judges just inconsistent in their approach?

Many thanks in advance