UKPC - CCJ for £3k+

waamo

rennes99 wrote: »

Thanks Belenus

Does anyone have advice on how to ask the Claimant to consent to set aside? A simple email with reasons why? Or a Draft Consent Order?

Send a draft consent order. Make life easy for them if it helps. I bet they won't play ball though. It doesn't matter if they don't as long as you can show you've acted reasonably.

Don't give them any longer than 7 days.

henrik777

rennes99 wrote: »

Thanks Belenus

Does anyone have advice on how to ask the Claimant to consent to set aside? A simple email with reasons why? Or a Draft Consent Order?

Email and reasons is fine. Ask for acknowledgement they've received. If they don't call and ask (with an email from you to them with a brief synopsis of the call for evidence).

Then after about 5 days remind them you'll have no choice but to apply if the deadline passes.

Coupon-mad

quickly then, it's at the top of post # 1
https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal

UPDATE: BWLegal appealed

Did they?

Do you mean CEC16 has told you that? Haven't heard that yet - bring it on, if so!

Or did you not mean that, and were replying to the OP about their wording?

rennes99

Hello all

I am just about to submit my WS and DO along with the N244 form, as have had, despite exhaustive efforts, no real response from the Claimant about agreement to set aside by consent.

Therefore I'm doing it alone...

Very quickly, I've read on previous threads but now cannot find them, about the correct procedure for submitting this info and application - along the lines of printing/signing/scanning and sending to an email address... can someone kindly point me towards a thread with this process to follow, or outline is briefly?

As always, thank you all very kindly for your help so far!

nosferatu1001

Youll be taking this applicaiton into your local court - the normal print scan and email is for MCOL claims really

Do you have
1) WS supporting the reasons for set aside, making explicit reference to failure to serve (if applicable) and the automatic right to set aside, supporting docs proving you were there to be found etc, AND an alternative of any other good reason which is a defence to the under ling charge?
2) The defernce mentioned in 1 above. Page of A4 or s, not fully detailed yet
3) A 6 point DRAFT consent order, so your costs get reserved OR paid out if the claimant discontinues?

If no, you have work to do.

rennes99

I have points 1 and 3 completed, but have not fully drafted the defence yet (merely have pages of printed info relevant to my case to do so.)

I must do this to submit with the N244, payment, Witness statement and Draft order , yes?

nosferatu1001

Yes, you must file a defence. the reasons are obvious - if you dont get the automatic set aside, you have to show a good rason why the court should set asdie. Given youre asking them to spend their valuable time hearing your claim, showing them you have a good defence is going to be helpful!

Fruitcake

Show us your draft "set aside" defence before submitting it toi the court.

You should include amongst other things that your lease/AST has primacy of contract over an unregulated third party.
You already had the right to park so the scammers were not offering anything that you didn't already have. There was no consideration.

Research the Jopson vs Homeguard case as well as other "own space" cases such as the ones here,

http://parking-prankster.blogspot.com/2016/11/residential-parking.html

and this one, starting with post 93.

https://forums.moneysavingexpert.com/discussion/5969018/miss-r-versus-vcs-ltd&highlight=jestershoe&page=5

Quote the actual case plus case number where applicable.

rennes99

Thanks for the above.

I'm having trouble beginning my formal defence as I don't have any detailed information at all about the Claim, i.e no claim forms, no information about how the claimant has broken down their purported charges, etc. Do I just continue without these, and expand on my basic defence points, for the set aside submission?

The main basic points of my defence will be:

1. I was expressly informed upon renting the flat by the agents, that the vehicle could be parked at the address. Indeed I and drivers of the vehicle use the vehicle, and would of course would not have taken on an apartment where it could not be kept. The AST is totally silent on the matter of parking, makes no mention of permits required, or indeed anything whatsoever about parking. Land Registry documents which I have paid for, showing a copy Leasehold title and plan are also silent on it. Is this enough to state "Primacy of Contract?"

(I should add the ticketing attendant was spoken early on in the ticketing frenzy, who initially agreed on this basis not to ticket anymore, but this recommenced soon after - also attempts were made and ignored to obtain a permit, even though it is argued one was not required despite the sign.)

2. The signage is insufficient to form a contract anyway, is forbidding as no offer to non permit holders, and it, along with the £60 charge fails POFA, CRA, Beavis/is an abuse of process (will expand on this with cases and clauses etc.)

Any pointers on the above are greatly appreciated!

rennes99

I should add one thing I am concerned about, in leaning on the Primacy of Contract, is that as I have said, all documents/contracts are silent on the matter - does being silent on the matter give primacy of contract and disallow the PPC to override the existing rights enjoyed by residents and their visitors and that parking easements cannot retrospectively and unilaterally be restricted where provided for within the lease?