URGENT HELP PLEASE: £3400 demanded by Parking Ticketing Ltd - Claim Form received

Max1111

IT IS ORDERED that:
1. The default judgment dated 21/05/2018 be set aside.
2. Costs to be reserved.
3. Unless the Claimant serves a copy of the Claim Form on the Defendant by 4 pm on [date] 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 [date].
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. That all enforcement be put on hold pending the outcome of the application

DoaM

Is your case a set aside? If not then this is the wrong one. However it will be in a similar format.

Max1111

Yes, mine will be a set aside.

The court had made an error. They had received my second witness statement and had sent me a hearing date, however, a little while later I received a judgement order stating I had not filed this document and was ordered to pay the full balance to the Claimant. Only now have they realised they had made an error. I have been sent a letter saying i can apply for a set aside.

If anyone can help me find the correct format of the order, I would very grateful. 

Coupon-mad

No idea I'm afraid, because the 'new' forum has murdered the search function.  You will have to write your own, this is easy.

You simply start by saying something like:

UPON reading an email from the Defendant, and noting that (this and that happened - you write that bit) 

IT IS ORDERED that:
1. (what you want)
2. (words to the effect): the defence is reinstated and the previous order set aside.

Le_Kirk

Coupon-mad said:

No idea I'm afraid, because the 'new' forum has murdered the search function.  You will have to write your own, this is easy.
You simply start by saying something like:
UPON reading an email from the Defendant, and noting that (this and that happened - you write that bit) 
IT IS ORDERED that:
1. (what you want)
2. (words to the effect): the defence is reinstated and the previous order set aside.

I have previously defended the "new" forum update and it's search function but, having spent a fruitless hour searching for the draft order on a case where @coupon_mad mentions DJ Iyer, I have to agree it is $%*%&!

DoaM

It can be easier to search this forum using Google. 🙄
That said I tried to find the DJ Iyer wording here using Google and failed ... maybe my Google-Fu is not so strong anymore.

1505grandad

Any help?:-

https://forums.moneysavingexpert.com/discussion/comment/76279621#Comment_76279621

DRAFT ORDER

______________________________________

IT IS ORDERED THAT:

Upon reading the Defendant's application dated XXXXXXXXXX.

It is ordered that:

1. The default judgment dated XX.03.2019 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/XX 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/XX.

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.

Coupon-mad

No, that's to do with a set aside, but clearly we are all drawing a blank for the DJ Iyer one.   

This Draft Order won't relate to a N244 application.  The OP can write one, as I explained.  The idea is to provide it as a WORD document so the Judge can edit it.

Max1111

I can't thank you all enough for selflessly trying to find this order and help me. 
Coupon-mad, I'll write something to the effect of your suggestion. I am uncertain about the fee - should I pay £255 or £100 as you suggested? (I have no idea where I will even get this money from - sigh)

Coupon-mad

It's £100 for an application without a hearing and you include in your order that this is refunded, in view of the error lying with the court...