CEL Defence (CCJ Set Aside Successfully)

mainman789

I had my CCJ set aside under CPR 13.3(1)(b) due to the judge not being satisfied that I had a real prospect of successfully defending the claim and she was of the opinion that CEL made a reasonable attempt to obtain my address. CEL didn't turn up for the hearing and I was pretty nervous therefore poorly defended my case.

The judge hadn't read my witness statement nor my skeleton argument before I had entered the room in which the hearing was taking place even though I had already submitted the witness statement with the N244 form and provided it to the clerk upon arriving at the court. Instead, she quickly looked over it and asked me to summarise, which I admittedly did so poorly.

I need to file my defence within the next 10 days but I'm not sure how to approach it since CEL seem to have complied with POFA (although I didn't receive the NTK at all) and I have read other defences, which use the poor signage defence but I'm not sure what else to use. On top of that, I've been to the car park for which the PCN was issued and they have completely change the signs and added new ones.

I did get an offer from CEL to have the CCJ set-aside by consent if I paid the original PCN fee however I received it too close to the hearing date and further to that didn't want to give money to such a company. Although, now that I'm not sure if I've got a reasonable chance of defending the case I'm considering contacting them asking for a similar offer but Ideally I would like to be able to at least try to defend the case in court.

Outline of my case:
1) Moved accommodation at the start of September 2018 to another accommodation for university.
2) CEL send PCN to my old address in mid-September 2018 (which I was not aware of). Fast-forward to March 2019, I get a letter from "Past Due Credit" and update my V5c address to my current address as well as sorting out my road tax.
3) CCJ put against me at the start of July 2019. Find out about the CCJ at the end of August.
4) Promptly file N244 to have CCJ set aside - September 2019
5) CCJ successfully set aside in November 2019

mainman789

My witness statement
https://pastebin.com/pUKR6tP0

Here is my skeleton argument:
https://pastebin.com/z3xCZW17

Coupon-mad

So she DID set the CCJ aside?

But she wants to see your defence and she remarked that she wasn't convinced about your prospects of success?

Or, she adjourned and didn't set the CCJ aside and wants to see your defence first?

You can certainly defend and say the signs were inadequate, and indeed they have since changed the signs so this appears to be a suggestion that the older signs were inadequate and non-compliant with the BPA CoP.

Also, you can defend against the added £82 by using the same wording you see on every Civil Enforcement £82 defence thread.

Your skeleton argument looks good to me. Which court was this Judge at?

KeithP

This thread is a bit short of detail. Here is the missing stuff:

https://forums.moneysavingexpert.com/discussion/6042339/cel-ccj-set-aside-advice-needed

Coupon-mad

Oh, the threads need merging, we can't have two! You need to drop this thread - pleas please just reply on the other one, which is what we literally beg people to do. How do you think we could cope if everyone had two threads?

And surely you didn't pay court fees for the set aside, being a student with no income?

DUPLICATE THREAD

mainman789

Coupon-mad wrote: »

Oh, the threads need merging, we can't have two! You need to drop this thread - pleas please just reply on the other one, which is what we literally beg people to do. How do you think we could cope if everyone had two threads?

And surely you didn't pay court fees for the set aside, being a student with no income?

DUPLICATE THREAD

Yeah that's understandable, sorry about that would've not created a new thread if I knew it would cause any sort of issues.

I have replied to your other post on my original thread and yes, I didn't have to pay any court fees.

For anyone else that would like to follow this thread, please do so on here: https://forums.moneysavingexpert.com/discussion/comment/76594750#Comment_76594750

THIS THREAD IS NO LONGER IN USE.