County Court Judgement Received

Blue1133

Such informative responses, many thanks and much appreciated. I really want to fight this, I am itching to do it and as a result am willing to take the longer route now. I also think there may be a small backlog - I know the court is 'unmanned' when it comes to these cases now and have had no responsse at all.
Let me get this straight:
I email the court with the following:
1. New and revised draft order, maybe a new supplemntary witness statement to add the part relating to parking bay maintainance - I have evidence of this luckily after going through some old documents I had, plus google maps shows a lack of signage from 2012, with the next image being 2018 has some signs there (parking charge was 2017). I also have a photo of a sign by order of the management company stating visitors can use the bay (I was a resident though not sure if that makes a difference) though there is no mention of permits on it. There are newer signs up which I am sure they will allege were there at the time
2. Submit along with the Order with reference to WITHOUT consent app, that Gallstones have agreed to a WITH CONSENT set aside, however the terms set out are no good/unfair/disadvantageous.
3. do I submit a skeleton defence along with that given these are unprecedented times that would be the pocket defence if it was a F2F hearing.
4. In summary, I am going to be asking the court to ammend (with supporting docs) it to a 'with consent' hearing given it is a straight down the line no service, with a reasonble defence. They then refund the difference so it is a £100 rather than £255.
In light of this - how would I link to my previous statement, do I put that in the new witness statement i.e please refer to Submission xxx dated xxx to confirm xxxx
5. how do I do this correctly, do I just email the folder in, and a copy emailed to Gladstones? am I potentially breaking any rules here as they have sent me a draft order, do I need to do anything else or just let it all drop into their mailbox and wait for their next sneak attack.
6. Re photos, the SAR revealed a photo of a sign, though it is not legible in the photo what it says, somethign about permit required, no evidence of location or height they are placed, Also, the photo is time stamped in what may be an Americanised date format so it appears to be a completely different date - any milage in that?

Coupon-mad

My advice was with the caveat that henrik777 is the forum expert on set asides, and he is saying (AIUI) to contact the court but don't ask for the application to be amended to one without a hearing/with consent as he thinks it's not quite right to attach a copy of negotiation emails because that's not quite 'consent'.

He is saying, just email the local court to ask for a telephone hearing and attach evidence that the claim was not served (also attach the N244 again and proof you already paid £255, as the staff and Judge will be working from home and will not have access to the case file which will otherwise sit in an in-tray).  

Read henrik777's reply for what to attach as well and what to say about mandatory set asides so that the Judge realises this one is easy.  You can also click on his username and settle down and read his replies in 2020, to see how to word it as he has replied umpteen times on very similar threads...the only new thing is the telephone hearing.

Remember that this hearing is a preliminary one about the set aside application you paid for.  It is not about the claim itself; not about the signs or datestamps or anything like that.   It's about proving that you moved and update the DVLA as soon as you were aware that this was needed in addition to updating your driving licence address (is that true?) but were always 'there to be found'.  The C obtained the address from a third party - the DVLA - but despite never receiving any replies to their demands (a silence which would suggest to a reasonable Claimant that the address was unreliable) the C failed to even try the most basic 'trace' to ascertain your current address and failed to properly serve the claim form. 

Quote the 2019 BPA CoP which I think says that AOS members must take steps to ascertain that the address is current before taking legal action...?

That is all - not the defence - also see the NEWBIES thread examples about set asides and the link there that I included, showing 'what the Judge wants to be satisfied about' in a set aside hearing.  It is very basic stuff once you see it is not about your defence...albeit the Judge might ask for a precis to be happy you have prospects of defending this claim, once he/she sets the CCJ aside.

Oh, and do ask for your N244 £255 costs to be 'reserved' so that the Claimant may be ordered to repay them in the event of the future hearing finding against them, or in the event that they discontinue to try to get away scot free without costs.

Blue1133

Morning all,
Question re the above - how do I broach this with Gladstones? do I just do it and copy them into the email to the court? do I need to tell them or not?

nosferatu1001

No need to tell them, as youre not looking for "consent" here. Youre going for without consent. 

Blue1133

so their draft consent order - do I just ignore

nosferatu1001

Why would  you sign it? What would you do with it? 
Look you have a choice
- without consent
- with consent
Pick one and run with it. Either gain their consent, which WILL cost you loads on top as already explained, or not. 

Blue1133

great, reason behind the question was more to do with whether it would have a legal consequence or not, thanks.
I have tried searching in relation to new and updated set aside for 2020, I have pretty much everything and also viewed the Youtube video relating to remote hearing suggestions to order/bundle the docs and to attach an editable word doc for the Judge,  but I am looking for some clarification:
Re paragraph stating: 

1.       In view of the N244 application being dealt with summarily, the Court to refund £155 of the £255 fee already paid and the application be amended to, and proceed as, a uncontested 'non-hearing' application.

My understanding is this needs to read 'telephone hearing' or am I confusing two different points here, or is para being removed entirely as I am not asking for it to be dealt with as consent, rather as without consent? 

Do I quote the respective Civil procedures and BPA guidelines in the email body itself or not. I have submitted N244 already last year, do I simply refer to previous application, or do I attach a supplementary with a case summary at the beginning and then refer to the following N244 app to be read by the Judge?

nosferatu1001

Youre not looking for a *hearing* at all
Just a judge looking at the papers, without anyone appearing for C or D. 

Blue1133

henrik777 said:

I'm not sure about attaching details of "negotiations to be honest.

I'd be asking for a telephone hearing (and hope to get it without a hearing if a judge sees it and sees no need as it's so obvious they just set aside pronto)

Claims wasn't served, set aside please. Here's the evidence they knew. here's case law if you need it. Costs please. That's pretty much your main argument.

Regarding this post, sorry but am now slightly confused.

Further to this, Coupon-Mad's template refers to 'claimant's solicitor has been copied in' in the draft email to be sent to the court along with bundle 

henrik777

nosferatu1001 said:

No need to tell them, as youre not looking for "consent" here. Youre going for without consent. 

Always inform the opponent.

An order at a hearing without the other parties knowledge places you at a huge risk of costs if they overturn it.