Warrant of Control issued.

DoaM

And (assuming the set aside is granted) ask also for a costs order for the other party to refund you the set aside fee?

p1dster

I have asked to be reimbursed in my witness statement but I will indeed ask for a costs order on the day.

I will ring the bailiff tomorrow morning and explain everything to make sure nobody turns up.

p1dster

Date for my Set Aside n court is Tuesday 22nd October.

What do I need to take with me to get this to go through?

Surely a copy ofmy V5 form to show I was the registered keeper at new address is the only thing I need?

What else do I require to bring?

p1dster

Hi, I have been trawling through many other Set Aside threads and cannot find myself an answer.

I filed a statement with my N244 form stating the outline of the case and it going to old address etc.

I have the V5C form I can take which shows the car was not registered to the address in question.

I did not receive a reply from the DVLA showing who accessed my Reg Details.

I can't find any information as to what I need to take with me on the 22nd. Do I need to prepare another statement? What do I need to take?

Please advise as I cant find a clear answer on another thread.

Le_Kirk

Presumably you have submitted six-point draft order and witness statement, so take copies of those with a defence against the original claim in your back pocket in case the judge asks for one. Take all your paperwork received from PPCs, solicitors and court.

p1dster

I have not been asked to submit a 6 point draft order or a witness statement?

I filled out the N244 Form and attached a statement.

Please advise when the 6 point draft came into it? nothing mentioned on this before. News to me. Please explain

p1dster

This is all I have submitted with my N244 form:

What else is required of me before 22nd? (Running out of time) Thanks


With regards to the case number XXXXXXXXX
Defendant: XXXXXXXXXX
Claimant: Napier Parking Limited
Judgment date:XXXXXXXX

1. I request that the judgement be set aside
2. I further request that the cost of applying for the set aside be reimbursed.
3a) The original fine and the paperwork for the CCJ were sent to XXXXXXXXXXXX
3b) I XXXXXXXXXXXXXXX moved out of XXXXXXXXXXXXXXXX on the 23/08/15 I did not return to the property after this.
3d) I therefore never received paperwork relating to this and was unaware of any of it until receiving a warrant of control to my current address. Whereupon I immediately began the process of setting it aside.
4a) The fine was issued for a vehicle of which the Defendant was the registered keeper at the time of the alleged contravention, was parked on the material date in Willen Lake Car Park without a visible ticket.
5a) Napier Parking Limited sent the paperwork to my original address at which I was not present. All of the ongoing paperwork was also sent to this address and so I never received it and was not able to respond either by paying or contesting the fine.
5b) Napier Parking Limited made no attempt to contact me or discover my new address despite the fact that:
5c) I was registered on the electoral roll at my new address XXXXXXXXXXXX.
5d) My home phone number was findable on the Telephone Directory.
5e) The buyer of my previous property had my new address details.
5f) Despite the above no attempt was made and I was thus unable to pay or contest the fine given.
6a) With regards to the fine itself I contest since the fine was unfair:
6b) I was the registered owner of the vehicle at the time of contravention but not the driver. The car was lawfully being used by a colleague.
6e) The Protection of Freedoms Act 2012, Schedule 4, at Section 4(5) states that the maximum sum that may be recovered from the keeper is the charge stated on the Notice to Keeper, in this case £100. The claim includes an additional £146.20, for which no calculation or explanation is given, and which appears to be an attempt at double recovery.
7a) To summarise:
7b) The fine (and other paperwork) were delivered to an address that I no longer lived at. The claimant made no attempt to contact me via other channels even though my new address was on the electoral register and they had other means to find alternative ways to get in touch. Because of this I had no means to respond to the fine either by paying or appealing it. I also contest the fine was unfair on the basis that I was not the driver of the vehicle at the time of the alleged contravention.
7c Based on the above I request that the CCJ be set aside and the fees for this process be reimbursed.

Kindest regards,

Le_Kirk

HERE is an example of a six-point order (obviously dates and claimant are different to you.) Did you not submit one of these with your N244 form? It seems like you have asked for costs in your witness statement (I haven't re-read it) and your N244 is in effect your draft order to the court. Also already answered on this thread by Coupon-mad about what to take with you at post # 71.




ETA I see you have in fact included a draft order in your WS - good.

p1dster

Hi, no I didn't submit with my N244 form. Only the above statement. They have given me the date in court though. Is this an issue? Shall I prepare a draft order to take with me? Thanks

Le_Kirk

If you sent that witness statement (post # 78) with your N244 form you should be fine, just make sure you take ALL your paperwork (just in case you need to refer to it) and have a defence to the original claim in your back pocket.