County Court Judgement Received

Blue1133

Evening, finishing off the witness statements in order to send N244. I have a couple of questions which may seem basic but cannot seem to amalgamate the info read into answering this:
1. Any guidance on actually completing the form itself i.e is it same Centre it was entered
1i. I have the template Draft Order - how do determine the dates, am I allowed to attach it rather than enter on their form
2. Do I need the Judgement Order to do this
3. Regarding info to rely upon (am I ticking all three? do I attach it separately as the box is quite small):
i. Witness statement - I feel I have read enough to finalise this
ii. Statement of case - is this the outline defence? I have gathered as such, again, how detailed is this at this point, is it 'both barrels' or a higher level overview
ii. Evidence of case - is this physical documentation i.e I need printouts of photographs, proof of any insurance/address etc, how far do I need to go, or will that come later if a hearing is granted and then be asked to provide this. I won't have a sar response by then, no DVLA response on when searched, No paperwork, so evidence can change accordingly.

I realise this is a hearing to, to 're-wind the clock' so to speak. and have seen varying approaches to this

Coupon-mad

If they had your new address all along and used the old one for the claim, then the new one for a LBC 3 weeks later, you need to absolutely nail them to the wall for that in your WS, near the top, and evidence it with the letters attached.

1. Any guidance on actually completing the form itself i.e is it same Centre it was entered

I tend to say to take the N244 and fee and WS/attachments to your LOCAL court, to cut out the middleman of the CCBC.

1i. I have the template Draft Order - how do determine the dates, am I allowed to attach it rather than enter on their form

Clearly, leave the dates BLANK. It is a DRAFT of what you want the Judge to order so you can't guess the dates; it's just a template for the Judge.

2. Do I need the Judgement Order to do this

No, as long as you have the claim number. Get a SAR from the PPC now, too.

3. Regarding info to rely upon (am I ticking all three? do I attach it separately as the box is quite small):
i. Witness statement - I feel I have read enough to finalise this

Tick just the WS, but attach as well, your draft order and the letters that prove that the PPC knew your new address all along.

Evidence re the actual PCN hearing comes much later. This first hearing is just to get the CCJ set aside because of the fact the Claimant failed to use the right address for you and ensure good service. of their claim.

Blue1133

Thank you. So just to be clear, with the sar, I request sar from parking co. Timescale wise the info is bot going to arrive before needing to send this form, is that an issue?

What about the 'reasonable prospect of defending' part. Is that covered off in the witness statement? Posts that I have read seem to include a defence but some posts have implied not to do that in a witness statement.

Blue1133

Also the letter is not from parking co, but the representatives Gladstone, though assume this will be just as powerful an argument

Coupon-mad

So just to be clear, with the sar, I request sar from parking co.

Yes, by email, tonight, NOW, to their DPO as per their PRIVACY page.

Timescale wise the info is not going to arrive before needing to send this form, is that an issue?

Nope, because the set aside hearing is not about the PCN defence.

What about the 'reasonable prospect of defending' part. Is that covered off in the witness statement? Posts that I have read seem to include a defence but some posts have implied not to do that in a witness statement.

I say you don't need to cover that with the WS, Draft Order and N244 at all, but instead just have an idea of your draft defence in bullet points at the hearing, plus the Consumer Rights Act 2015 that tells a Court at para 71 that they MUST consider the fairness of a consumer term or notice, in every case.

Schedule 2 of the CRA is likely to have been breached in paras 6, 10 and 14 so there is no question that the consumer signs need to be considered at a fair hearing, to comply with the CRA 2015.

Cases are not all like the ParkingEye v Beavis case and you need the Judge to understand that - some do! Read CEC16's thread and beamerguy's Abuse of Process thread.

Almost all consumer signs put up by most PPCs, would fail the law. Thus, there is ALWAYS a case to be heard, and always prospects of successfully showing that you do not owe the stupid 3 figure sum extorted from you (almost) thus far.

Blue1133

guys, couple of developments. Attempted resolution received, though am dubious regarding timescales, if this is denied I will almost certainly be deemed not to be prompt in set aside.

Secondly, correspondence received to clearly state I am not the person that was ever supposed to have been subjected to this CCJ? really? is this some kind of inside joke?

Coupon-mad

Please explain, as that all sounds like a riddle!

Blue1133

Ok, so solicitors want to contact parking co to request consent to set aside on condition that I pay for everything including ccj costs.

Secondly. Email received from same solicitor, stating I an not the intended person of this ccj. And they want me to provide I'd etc.

nosferatu1001

How long have they given theselves to get back to you? If longer thana couple of DAYS youre gonna be more than 21 days and so at danger of just being denied.

Email from solicitor: explain exactly, using the VERBATIM text, what is meant. Its a nonsense, currently.

Blue1133

relating to the email from their representatives:

Please be advised we have been asked to contact you in respect of this matter by our Client.

We note from our file of papers that you are not the named individual we were asked to pursue in respect of this matter. So that we may enter into correspondence with you, we kindly request authority be granted from the named individual or else we will be unable to correspond due to data protection concerns.