County Court Judgement Received

Coupon-mad

I agree, share the info.

D_P_Dance

I too agree.  The goodpeople at Cheltenham spend millions of hours  a year acquiring information which others would seek to hide from them.  You kus cannot have too much of it. 

nosferatu1001

henrik777 said:

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.

Theyre aware of the set aside hearing, and if they choose not to turn up to hear an order thats on them, surely?

Blue1133

I agree, but it could be a possible argument, and wouldn't put it past them to try it, given their dirty tricks at every single turn over a menial parking charge, I will err on the side of caution on this one I think and furnish them with the details

Blue1133

I have a question with regards to the new draft order, can you tell me how this should read given that I will not be asking for the application now to be amended to a 'with consent' hearing, i'm assuming the part relating to refund of fees is to be removed, in addition how should the paragraph read in relation to wanting a telephone hearing, is it still to read as written?

Coupon-mad

Show us what you mean; it's a lot easier - i.e. show us what you THINK the draft might now say!

Blue1133

1.       The Judgment dated xxxxx be set aside. 

2.       The entry be cancelled and removed from the Register. 

3.       Claimants do serve to the Defendant a copy of their claim form accompanied by full particulars of claim including photographic evidence of the alleged parking contravention and signs that is alleged to have been in place at the location on the material date. To be served by    xxxxxxx 

4.       Defendant do file and serve their defence within 14 days of receiving the documents in (3). 

5.       Having complied with (3) and (4) respectively, both parties must then await further Directions regarding the hearing of the claim itself and the deadline requirements for both parties to file and serve witness statements, exhibits and all evidence upon which they intend to rely. 

6.       Costs to be reserved. 

TO BE REMOVED/AMENDED ?-----  7.       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, an uncontested 'non-hearing' application. 

8.       Any party affected by this Order has a right to apply to have the Order set a side, varied or stayed. A party wishing to make an application must send or deliver the application to the court to arrive at the court office 7 days from the date of the service. No court fee will be payable.

Le_Kirk

3.       Claimants do serve to the Defendant a copy of their claim form

Did you mean: -

3.       Claimants do to serve to the Defendant a copy of their claim form

Also did you mean Particulars of Claim rather than claim form as the claim form would have come from the CCBC?

Blue1133

Not sure, never received a thing, if this is incorrect then will amend. Still not 100% on the other paragraph though, whatever the case will need to send it off tomorrow first thing and hope for the best

Coupon-mad

It's not incorrect and you are doing well.  And I'd say the phrase ''do serve'' is OK in legalese!