County Court Judgement Received

Blue1133

Great, so a back pocket defence is what is needed, assuming this goes ahead, how detailed do I need to typically be with this i.e do I need 3 copies printed out so we all have a copy of it, or just produce a copy for myself and one for the Judge? do I need chapter and verse on it or simply state, for example - lack of signage, or go into the parts of the law I will rely upon for this? 
Also there are some areas i.e being a resident at the time, that I feel should be solid grounds, but cannot put this into a legal argument as do not know how to, I feel this some how contradicts the 'poor signage' and will tie me up

Le_Kirk

I am going to assume you submitted your six-point draft order and witness statement some time back, so you should not need to supply copies of those again (obviously you need copy for your self to refer to) and your defence need only be bullet point list such as you have hinted at, lack of signage but most importantly you are a resident!

henrik777

Blue1133 said:

Afternoon all, I hope you are all keeping well.
This case is now going to be heard in court - set aside without consent, which is a complete change of tack given the recent posts relating to settling with consent, and given the shenanigans of the PPC.. It is just under a month until the hearing date, and have been off sick with Covid unfortunately as well, so time is getting on, only just now able to get straight on things, can anybody point me in the right direction as to what I can read up on and have with me on the day?

Consent is cheaper and less risky. However, it's more a case that it's better to ask to protect yourself than necessary to get consent.

You'll need  to have material to show the court your position is correct.

So, for example, if your arguing that you have a good prospect of defending the claim, you'll need evidence to back that up.

If you're arguing defective service then you'll need to show you didn't live there, were easy to find etc

Blue1133

Morning all, hope you are all well.
Have received an email from Solicitors representing the parking co with a consent order.
The body of the email states that the court is closed and will likely not be heard until next year, and as a result, to 'expedite' matters, they have prepared a consent order for my approval and avoids the necessity of a hearing. It asks for a further £100 for the order, asking me t sign and return. The order states as follows:
1. Judgement dated xxx to be set aside
2. Entry to be cancelled and removed from register
3. Defendant do file and serve defence within 14 days of this order
4. No order to costs
------------------------------
Have a few questions on this:
Is the defence to be filed NOW for this, or is that only when it is set aside eventually? How can this be done given the court s closed - is a copy to be emailed to Solicitors or parking co, and the court for this? How detailed should it be or is it just the 'pocket defence' summary outline i.e a few lines to say 'poor signage' 'I was a resident' and so on.
No order to costs? when it is set aside, can we then claim costs if defendant goes on to then win the re-hearing of the case?
Can I put a disclaimer in to say this is not an admission of liability within a covering letter and am merely doing this given the Covid-19 situation in order to expedite matters avoiding a lengthy wait and impact upon the defendant securing other employment (who has also been furloughed and may have no job to return to) he required a clean file for his occupation. Is that too risky and comes across as merely credit cleansing which judges will have no sympathy with, thus risking riling them up

D_P_Dance

This is one of the down sides to corona virus.  Personally I would not pay them  penny, but then a lousy credit rating does not worry me.  Can you not pay up in full and then take them to court for all your costs?  .  

nosferatu1001

Thats obviously heavily tilted in their favour.

Your questions are already asked and answeered
- you still provide a defence, as you have to show a reason under 13.3 in case your reason under 13.2 isnt accepted. 
- their ref in 3 is to the full defence, but ideally youd want THEM to serve full particulars of claim FIRST, whic his whats in the 6 point draft WE suggest
4) means you will not get ANY costs of the set aside back. You can still try for costs of the actual claim,  but the set aside cost of £100 would be gone. Hence why OUR version says costs are reserved. 
Obviously when you submit the application you file the defence alongside it. Same as evryone does. The court will still be accepting mail. 
A consent order has obviously no admission of liabiltiy at all, because it has NOTHING to do with the merits of the case. None. 

D_P_Dance

Nos, will this not mean that OPs credit rating is affected until such time as a set aside can be heard?  This could be many months hence.

Blue1133

In response, just to refresh - an application to st aside WITHOUT consent was submitted many months back, however now that apparently cannot go ahead, the WITH consent order has been received.
So what you are saying is I must file a FULL and detailed defence along with the WITH consent order? copy to the solicitors and to the court? 

nosferatu1001

D_P_Dance said:

Nos, will this not mean that OPs credit rating is affected until such time as a set aside can be heard?  This could be many months hence.

A with consent order requires no hearing, so theres a good chance it will be heard more quickly than that.

Blue1133 said:

In response, just to refresh - an application to st aside WITHOUT consent was submitted many months back, however now that apparently cannot go ahead, the WITH consent order has been received.
So what you are saying is I must file a FULL and detailed defence along with the WITH consent order? copy to the solicitors and to the court? 

So you have already pai  £255 for a WITHOUT CONSENT order? did you file a full defence with that application,a s the newbies thread instructs? If yes to the former, then there is no need to pay again - the hearing hasnt happened, whcih is what the £255 was paid for. You should be communicating the consent order to the courts stating that since a WIHtouT CONSEnt cant happen, you have agreed with the creditor for a WITH CONSENT set aside, here is the consent order
But I would not accept that order. It means you can never get ANY costs back, including the £255 paid. 

D_P_Dance

A with consent order requires no hearing, so theres a good chance it will be heard more quickly than that.

I was referring a without consent hearing.  Can OP not pay and try to recoup via  SSC?