UKPPO Defence for no permit in residential space

Le_Kirk

Six-point Draft Order is normally like this: -
* Adjust to suit for contested/uncontested

IT IS ORDERED that:

1. The default judgment dated [date]

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/£100* plus the Defendant's costs for attending the hearing.

6. That all enforcement be put on hold pending the outcome of the application.

1505grandad

A heads up:-

"WITNESS STATEMENT OF [xxxxxxxx]"

"I believe that the facts stated in this defence are true."

also:-

"a.      Set aside the judgment dated [xx/xx/xxxx]

"2. JUDGEMENT"

"I understand that the Claimant obtained a Judgement against me...."   -   no middle"e" in this context as per the Judgment doc. in front of you.

parkingfella

Le_Kirk said:

Six-point Draft Order is normally like this: -
* Adjust to suit for contested/uncontested

IT IS ORDERED that:

1. The default judgment dated [date]

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/£100* plus the Defendant's costs for attending the hearing.

6. That all enforcement be put on hold pending the outcome of the application.

That's great thanks! Just to confirm do I use this Draft Order even though I had already filed a defence (and it had been acknowledged as received)? My lack of understanding of the process probably but does this mean if they grant the set aside I will go back to the stage where I have to file my defence again? 
That's fine if so as I obviously have all the documentation, just more for my own knowledge to make sure I follow the proper process! Thanks again for your help.

Coupon-mad

Yes it will proceed to a hearing and your defence is just ahead of the game.

Put right the errors pointed out by the legendary 'eagle-eye' 1505grandad.

parkingfella

Thanks for all your help, really appreciate it - will be submitting this tomorrow.

D_P_Dance

Have you considered counter claiming for a data breach?/

parkingfella

I've just noticed that my judgement stated that I only had 7 days from the receipt of the court order to apply for a set aside. This deadline has long since passed so am I totally wasting my time attempting to get it set aside, even if I would have a reasonable prospect of defending the claim?

I don't want to spend £255 only for them to say, sorry you didn't submit this in 7 days.

To recap the reason I lost was because I failed to file evidence in support of my defence, including the proof my partner was a resident and owned the space in question. This was because I was never informed of my hearing date, despite being allocated one, presumable due to postal issues in the lockdown. The judge therefore ruled in the claimant's favour as I submitted no evidence.

Coupon-mad

Who knows, it will be down to the Judge.  When did the Order arrive?

parkingfella

At the beginning of June unfortunately. I emailed the court on 15th June asking them to send me copies of the letters notifying me of a hearing date and spent another month or so chasing and calling. They never did send a copy of that letter allocating a date.

I finally received a response from the court on 23 July noting that I should apply for the judgement to be set aside.

Would it be worth explaining this in the witness statement briefly. Far from blaming the court as I have had the time since July to submit my set aside application, but I had no idea what was going on when I received the judgement, and waited over 6 weeks for no explanation from the court.

Coupon-mad

Maybe, is all we can say, but don't leave it longer.