UK CPM - CCJ issued

hiphop99

We had parked in the guest bay, assuming we could park as residents.


Will I need to mention this in my set aside motion?

Coupon-mad

What terms have you ever been told or given about the 'guest bay'? Nothing?

hiphop99

Absolutely nothing.


There is signage there however - that's my concern.

The_Deep

The parking charge and the CCJ are dealt with differently. The judge who hears the set aside application may well decide that do not need to defend the PCN, (although the scammer may decide to pursue it anyway). Cross each bridge as you come to it.

hiphop99

Thanks for help so far.


After forensically reading the newbies thread, I had a few questions.


1) Do I have to go into deep detail about the overall chain of events + the letters sent and received? If I submit a SAR request, would that help with this issue?


2) In terms of process, I fill out a N244 - Is the witness statement a part of this or does that come into play if I get it set aside? Sorry there has just been a lot to read and digest so I wanted to be clear on the process.

Coupon-mad

If you look at what you have to fill in on the N244, it tells you that you are expected to attach a WS.

Submit a SAR, which will certainly help you later, at both the set aside hearing and in defending the actual PCN if the case proceeds after set aside.

For how to play it, just read other recent set aside threads - at least a dozen.

ashley_cohen

You will need to show grouds for the set-aside, and this should be in a witness statement. There is guidance for this in the threads that others have referred you to.

henrik777

hiphop99 wrote: »

Thanks for help so far.


After forensically reading the newbies thread, I had a few questions.


1) Do I have to go into deep detail about the overall chain of events + the letters sent and received? If I submit a SAR request, would that help with this issue?


2) In terms of process, I fill out a N244 - Is the witness statement a part of this or does that come into play if I get it set aside? Sorry there has just been a lot to read and digest so I wanted to be clear on the process.

Witness statement should reflect, what is in the witnesses knowledge, but only in so far as to adduce evidence to the matter at hand.

A set aside is not a claim. Whilst you may decide to adduce evidence in relation to the underlying parking matter as a way to show there is a realistic prospect of defending a claim, you wouldn't adduce evidence in a hearing about the underlying parking matter with regards to being on the voters roll or not receiving the claim form etc.

hiphop99

I have seen people write a lot for their set aside, including the particulars of the claim? I really thought that was a different document.



Just to be clear - I do not need to send off the SAR as part of the set aside request?

waamo

hiphop99 wrote: »

I have seen people write a lot for their set aside, including the particulars of the claim? I really thought that was a different document.



Just to be clear - I do not need to send off the SAR as part of the set aside request?

A SAR goes to the company and is a completely separate issue to the set aside.