UK CPM - CCJ issued

henrik777

hiphop99 wrote: »

@Henrik - can you view that link?

I can. Sorry not long in from working my day off and out early doors again.

If nobody else looks i'll look asap.

In the meantime, draft orders, witness statements, arguments etc should be on separate documents.

hiphop99

Henrik - Thank you for even doing that much. I really appreciate it.


Hopefully someone else can cast their eyes over it - I will of course separate all elements of it up before I submit.

henrik777

I know most examples on here ask for costs to be reserved. I disagree in most cases since the fault, usually,lies with the claimant who is taking no care when issuing a claim in an effort to minimise their own expenditure for reasons of greed.

I would change 2 to, Costs to be awarded to the applicant, or alternatively reserved.



7 b & c are requests for an order. That belongs in a argument (written or oral). With c in particular you're extremely unlikely to get the case thrown out having reasonable defence however a reasonable prospect of winning is your secondary submission (cpr 13.3) with your primary submission being defective service (cpr 13.2)


1.6 As it's your application you really shouldn't be putting them to proof.





As you previously limked to, https://forums.moneysavingexpert.com/showpost.php?p=76112670&postcount=17

This is something you may need to walk a judge through. It's exactly why they should've used a tracing agent etc and why cpr 13.2 say the court MUST set aside.

hiphop99

Hi Henrik,


Thank you for help and apologies for the delay in replying.


Sorry to be a pain but I am a bit confused on what you are saying above, with respect to 7 b & c etc.


Should I remove them and replace them with 13.2? Please let me know

hiphop99

Bump for some help please.

nosferatu1001

He isnt saying remove, he is saying you hav etwo grounds for set aside to go after
13.2 is the automatic MUST BE GIVEN - and is if you can prove that the C did not ensure good service of the documents. For example, you told them your address was X and they sent it to Y instead

13.3 is "another good resaon" in essence - the court is not required to grant a set aside under this part, but it is always wise to include it. The fact you hav e good prospect of defending it, demonstrated by including a defence, is one reason. However its unlikely that a judge for a set aside will summarily stirke out a claim as having no prospect of success, whic his the note henrik was giving.

henrik777

b. Order for the claimant to pay the defendant £255 as reimbursement for the set aside fee.c. Order for the original claim to be dismissed on the basis that the Defendant has a reasonable defence, or to be re-heard at a new hearing

I'm saying that's not the evidence of a WITNESS and doesn't belong in a WITNESS STATEMENT.

That is what you are asking the court to do.

hiphop99

Henrik, thanks again.


Where should I add 13.2 and and 13.3 with respect to the document I have put together?


What goes in my witness statement therefore? I am planning on submitting the documents tomorrow so would appreciate feedback from anyone.

hiphop99

I've also emailed the DPO at UK CPM 3 times and literally received nothing back at all.


Tried to call also but it just comes up as busy.

Coupon-mad

Don't ever ring a parking firm.

If you are sure you got the DPO email addy right then maybe they are doing your SAR; they have 30 days. If they fail to provide it, then report them to the ICO next (Google it; very easy to report a data concern about a company onine).