CCJ no court papers

0range

My friend has decided to go for the set aside, had paid the court £255 and is no prepping evidence and statement of case (this is the defence right?) to go along with the application notice. I'll post it here when they have done a draft and see what you guys think. Is there a time limit on getting this 'Set Aside Application Notice' filed?

Quentin

An application needs to be made quickly after discovering the ccj

(2/3 weeks)

But you say the application all ready went in???

Al_Lawrence

Hello, my daughter found out yesterday that she has a CCJ for a parking ticket, the court papers were sent to her old address. She is in the middle of applying for a mortgage. She had a permit to be there but had to go up to the flat to get it, probably no more than 5 minutes. She produced the permit straight away and sent evidence to the first letter. We are going to fill in an N224 form to have it set aside, does anyone know how long this takes and what is the likely outcome?

Quentin

You need to start your own thread and not hijack someone else's like this

Please copy and paste the above post into a new thread and delete it from this one

(If you have used your real name as your forum name then you need to ask MSE to change it to something anonymous

The ppcs monitor this forum and can use posts in your thread against you)

0range

Quentin wrote: »

An application needs to be made quickly after discovering the ccj

(2/3 weeks)

But you say the application all ready went in???

Yeah they have paid the set aside fee and have the forms to fill out and return

0range

Here is the defence they have drafted for sending in on their N244.
Any improvements or changes needed?






Briefing statement of defendant’s case and evidence in support of ‘Set Aside’ against Claimant’s CCJ

– Claim

No. XXXXXXXXXXXXX

Name & Defendant: XXXXXXXXXXXXXXXXXX

This my supporting Statement in support of my application dated 31st July 2019 in order to:
- Set aside the Default Judgement dated 16th July 2019 as it was not properly served at my current address;
- Order for the original claim to be considered for repudiation.
- Order for any costs incurred to be reimbursed.


1. Default Judgement

1.1 I am aware that the claimant obtained a Default Judgement against myself (as the Defendant) on 16th July 2019. However, the court claim forms had not been served at my current address and therefore was unaware of the Default Judgement until 20th July upon receipt of a ‘Notice of Recovery’, which was also addressed incorrectly and sent by 2nd class post, but managed to find its
way to my mailbox.

1.2 Not having received the court claim form pack meant that the claimant’s claim remains unchallenged.

1.3 On 22nd of July after contacting the County Court Business Centre and enquiring about the nature of the claim, it became apparent that the court claim form pack had been delivered to the incorrect address. For a fee, I have attained a copy of the Judgment clearly showing the incorrect address as evidence in support of this case.

1.4 The letter received on 20th July stating ‘Notice of Recovery’ with the incorrect address has been retained as evidence in support of this case.

1.5 My belief is that the claimant has behaved unreasonably in pursuing a claim without ensuring they held the defendant’s correct contact details, and on numerous occasions have sent potentially damaging and conflated documentation to an incorrect address.

1.6 Considering the inability to defend and challenge the claim, my position is that the Default Judgment was issued incorrectly and should therefore be ‘set aside’.


2. Considerations for the repudiation of the original claim

2.1 It is to my knowledge that the claimant is a Parking Company which seeks to claim monetary compensation for a ‘Parking Charge Notice” issued as a result of an alleged breach of their contractual obligations by parking motorists.

2.2 It is to my understanding that the claimant Parking Company in this instance, is under the employment of the Management Company to which the defendant is a member, and subsequently contributes to the claimant Parking Company a monthly service charge for the management of the car park to which the defendant has access to and permissible rights to park a vehicle in a
clearly numbered and reserved private parking space allocated to the residents (defendants) apartment.

2.3 The defendant is a lease holder to the apartment and has parked a vehicle for which the defendant is or has been the registered keeper, within the designated parking bay allocated to the defendants apartment for over a period of 10 years, and has clearly displayed a valid parking permit at all times.

2.4 The claimant is seeking compensation for an alleged breach of their contractual obligations by displaying an expired parking permit attributed to the defendants vehicle at the time – dated xxxxxx 2015.

2.5 It is witnessed that the claimant had issued numerous ‘Parking Charge Notice’ penalties simultaneously to vehicles within the private parking zone at the time or immediately succeeding the expiration of the parking permits. It is understood that the penalty to the defendant’s vehicle was issued approximately 4 minutes past the time of expiry of the parking permit. The defendant is pursuing an SAR with the claimant to obtain access to evidence of the alleged penalty in support of the defendants challenge.

2.6 The defendant wishes to challenge the ‘Parking Charge Notice’ on the grounds of being a long term lessee, to have it considered and to challenge the alleged unnecessary malicious attempts of the claimant to penalise the defendant relating to a parking permit that had expired and had been promptly acted against with no leniency period.

2.7 The defendant wishes to challenge the ‘Parking Charge Notice’ and the additional interest and court fees that have been added to the cost of the original alleged penalty without having had the opportunity to challenge the claim, owing to incorrectly addressed and conflated correspondence.

2.8 The defendant wishes to challenge the alleged aggressiveness of the claimant’s demands as written in the ‘Notice of Recovery’ stating that “enforceable action will commence shortly” unless the balance of the claim is paid “within 7 days from the date of this letter” – whereby the Judgment from the court makes allowance for a time period of one month in which to fully pay the claimant.

0range

Also should my friend attach copies of any letters received to the N244?

0range

Any thoughts lovely people?

KeithP

0range wrote: »

Also should my friend attach copies of any letters received to the N244?

No .

0range

Thank Keith.

Anyone else that could give a look over the defence my friend has written please?