CCJ issued by Excel at my place of work!, options for getting it set aside?

[Deleted User] · 19 August 2019 at 11:07PM

And how do you know what arguments to put in the defence? Because you know what the claimant says in the particulars of claim, funnily enough (and which they sent to you).

This is not trial by ambush. You're over thinking it. This is a parking ticket. There is basically nothing that you can say that will be totally novel.

Finally para 4 of the court order is clear. I'm not going to tell you whether to defend or not, but you've put in a lot of work to get to this point. These points aren't complex. Read more & keep calm.

Quentin · 20 August 2019 at 12:22AM

ardll wrote: »

OK so that's confusing because I'm sending them my defence, can't they then just read it and come up with a way of beating my defence in court?

Look I know I'm being a pain constantly asking this but it's quite stressful.

I write a defence which I'll sent to court... to them as well? Just seems like I'm bound to lose if I do that!

It's not confusing!

It's something you have been ordered to do, and not to your detriment at all

Had the claims been properly served originally, and you had submitted defences then the Court would have forwarded them to the claimant on receiving them from you

So you are not being disadvantaged now by having to supply the claimant a copy of the defence - the claimant always sees the defence before deciding whether to continue the claim and pay for a hearing.

aardll · 20 August 2019 at 4:08PM

Hi guys, appreciate the responses. In the process of wrting the covering letter now.

In regards to laying out a case for each clam - my arguments for both are exactly the same. Poor signage, the fact I am authorised to park on the business park regardless so any loss is practicaly no existent and that I've seen no evidence for either "speculative invoice".

I'm tempted to counter claim for damages due to not being able to get my morgage sorted and mental stress.

If I mention this on the covering letter I'm hoping they'll drop it.

[Deleted User] · 20 August 2019 at 4:26PM

You won't get anything for mental stress unless the harassment threshold is met or you have developed a DSM-V recognised psychiatric injury.

DoaM · 20 August 2019 at 5:08PM

But if their claims have caused you financial loss (e.g. less-favourable mortgage interest rate, loss of survey fees due to mortgage rejection) then you could potentially claim on that basis as these losses would be a direct consequence of their actions.