Parking Eye - Court Hearing Defence Help

Le_Kirk

Defences should be written in the third person, so not "I" but "the Defendant" This looks like a cross between a defence and a witness statement (WS), since you have already supplied a WS, you should keep the defence to technical/legal arguments.

Cherry123

Le_Kirk wrote: »

Defences should be written in the third person, so not "I" but "the Defendant" This looks like a cross between a defence and a witness statement (WS), since you have already supplied a WS, you should keep the defence to technical/legal arguments.

It is a cross between a witness statement and defence because I don't know what to keep and take out? Are you able to help with that or the other questions I have?

Redx

Yes email a SAR , regardless

You will have to win once the original claim is heard, asking for costs at the end, submitting the costs beforehand as well as anything else

Very, very few people here have any Legal training, read my signature

Cherry123

Redx wrote: »

Yes email a SAR , regardless

You will have to win once the original claim is heard, asking for costs at the end, submitting the costs beforehand as well as anything else

Very, very few people here have any Legal training, read my signature

I'm confused - does this mean the CCJ is gone or not? It sounds like you are saying there is going to be another hearing for the original claim and if the defence is not good enough, then Im still stuck with a CCJ. He did say he was granting the set aside and reimbursement... am I celebrating too early here?

Redx

You are asking questions few people here can answer

If the original case hasn't been struck out then only the CCJ is set aside, the court claim is still in play which is why you were told to submit the defence to the pcn, if you lose the case then pay the judgment in full promptly

KeithP

You have alleged that you didn't get a fair opportunity to defend your self against the original claim and the Judge agreed with you.
The Judge therefore 'rewound the clock' undoing the Judgment against you - awarded a set aside.

The Claimant now has the opportunity to re-present the claim where you will have a fair chance to defend yourself.

At this precise point in time there is no CCJ against you, but if you fail to successfully defend the re-presented claim, a CCJ will again be recorded against you and you will need to pay what the Judge orders in the timescale given to avoid a lasting CCJ affecting your creditworthiness.

Cherry123

KeithP wrote: »

You have alleged that you didn't get a fair opportunity to defend your self against the original claim and the Judge agreed with you.
The Judge therefore 'rewound the clock' undoing the Judgment against you - awarded a set aside.

The Claimant now has the opportunity to re-present the claim where you will have a fair chance to defend yourself.

At this precise point in time there is no CCJ against you, but if you fail to successfully defend the re-presented claim, a CCJ will again be recorded against you and you will need to pay what the Judge orders in the timescale given to avoid a lasting CCJ affecting your creditworthiness.

Thanks Keith P, that's really helpful!

Le_Kirk

Cherry123 wrote: »

It is a cross between a witness statement and defence because I don't know what to keep and take out? Are you able to help with that or the other questions I have?

Look at the defence examples posted in NEWBIE thread post # 2 by Bargepole and others. This will give you an idea of the style, content and framework of defences. Then read some Witness Statement (WS) examples also linked from the NEWBIE sticky post # 2 to see the style and content of a good WS.

I believe your other questions were answered by Redx and KeithP.