Parking fee paid | parking eye | ccj!!!

ExpatMom

Yes I can
I suppose the idea is to have the kind forum members rule out ALL that's unnecessary crap and slim it down? I've read up on quite a lot, identified all that i think apply but my knowledge is painfully limited and I'd appreciate advice on what's needed and what should be cut out?

Coupon-mad

We will, it's just such a lot to read none of us have found time yet!

ExpatMom

Really sorry - didn't want to leave you hanging about for edits in piecemeal...........

ExpatMom

Reduced WS to one page.

Any advice re suitable defence? More swaying than I paid??????

ExpatMom

Anyone?????

Coupon-mad

Did you send the SAR? Get that sent off using P/Eye's DPA data webform.

Can you reply here and show us your proposed WS & Draft Order as I can't see where you posted it?

ExpatMom

Hi - Thank you!

Yes I sent the SAR

I deleted the WS and Draft Order because it was too long (re above comments)

I've amended both significantly but worried it doesn't have a feasible defense......Will post shortened version below?

ExpatMom

DRAFT ORDER


IN THE XXX COUNTY COURT AT

PARKING EYE LIMITED
CLAIMANT

And

XX XXX XXXX
DEFENDANT

CLAIM No XXXXXXXX

Upon reading the Defendant's application dated XX/XX/2019;

IT IS ORDERED that:

1. The default judgment dated 11/12/2018 be set aside.

2. Costs to be reserved.

3. Unless the Claimant serves a copy of the Claim Form on the Defendant by 4pm on XX/XX/2019, paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £255 and the claim shall be struck out.

4. If the Claimant serves the claim form as directed in paragraph 3 the Defendant shall file and serve a defence by 4pm on XX/XX/2019.

5. Should the Claimant discontinue the Claim after the CCJ is set aside, paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £255 plus the Defendant's costs for attending the hearing.

6. All enforcement be put on hold pending the outcome of the application.

ExpatMom

Morning

I used the 6 Point Order as advised on the forum????????

ExpatMom

Is there a specific Order for requesting a court to dismiss a judgment, please? Is it a routine occurrence? What burden of proof is required to be satisfied? And in what circumstances can an order for dismissal be made? Does it apply in my case?