I have received a letter from ELMS Legal?

KeithP

@IloveElephants, make up your mind which thread you are using.

Trying to progress this issue on two threads is silly.

It was suggested days ago that you get your threads merged. Why didn't you do that?

KeithP

IloveElephants said:

This is where im stuck, Finding out what are my 6 points for my draft?

But you posted those six points half an hour ago:

https://forums.moneysavingexpert.com/discussion/comment/77255248/#Comment_77255248

Those are your six points.

Coupon-mad

All I want is to tell the judge I am paying 1x £255 for the 3 ccjs and the following 6 pointers with excel parking to refund me my money. 

And that (plus your explanation of why the claim was not served, because it went to an old address you were not living at)  goes in the WITNESS STATEMENT...also shown in any set aside thread you read.  You just write your version.

Coupon-mad

Yes,  That's your DRAFT ORDER, as we said.  Dead easy.  

You also need a witness statement.  We already said what goes in it, and you can look at the examples.

Le_Kirk

Her is an EXAMPLE of a witness statement, defence of original claim and a six-point draft order: -
https://forums.moneysavingexpert.com/discussion/comment/77131023#Comment_77131023
Make sure, if you decide to use it, that the dates are changed to suit your case.  The dates in the six-point draft order, apart from the date of your CCJ(s), are written as DD/MM/2020 for the judge to fill in.  Note that you cannot blindly copy & paste but use it to guide you when writing your own case.

Coupon-mad

Is they anything else I can mention to support my case like how they should not be giving out ccjs to someone who is 30 minutes late in total on a pay and display when I paid for a valid ticket 

Absolutely NOT what to say in a WS for a set aside...

1.4.1 I discovered a CCJ 

No, there were three.  And you need to add the words I already gave you about the second two Claims being barred, due to cause of action estoppel. 

I said all this already; it's either in my pm's to you on on one of your threads and is simple for you to search for.

1505grandad

A few typos  -  "DEFAULT (JUDGMENT)"  -  (correct)  

"1.2. I understand that the Claimant obtained a Default (Judgement) against me as the Defendant on XX January 2020. I am aware that the Claimant is (excelpaking), and that the assumed claim is in respect of unpaid Parking Charge Notices from January 2016 at my then residence XXXX. I contest this charge for the reasons outlined in the attached draft defence."  -  (both need amending)  

There are other incorrect Judgments  -  Ctrl  +  F (judgements)  -  will find them

Also remember to end WS with the latest Statement of Truth 

Le_Kirk

The address on the claim is XXXX. I moved out of that address in 2013 and since then have been living and working in London and it was only because of Covid-19  the defendant returned back to my home town.

The address on the claim is XXXX. I moved out of that address in 2013 and, since then, I have been living and working in London; and it was only because of Covid-19  the defendant that I returned back to my home town.

As it is a WS, you can write it in the first person; remove "defendant" and put "I" ...and {pedant alert} you don't return back, you just return.

Coupon-mad

IloveElephants said:

Coupon-mad Thank you so so much, 
I have found it and here is the complete paragraph now:


1.4.1 I discovered multiple CCs that  was were lodged onto my credit file on the 27th March 2020. (Confirm exact date)  and hope the court will understand and take into account the following good reasons why I am are making one single N244 application.   This is because the 3 claims relate to the same Claimant who has split their claims (perhaps due to negligence, or to avoid paying higher court fees) and has advanced three lots of parking charges involving similar matters & facts that should have been advanced in the first claim.  I believe that and  the later two claims caused a wholly unfair imbalance against myself as a consumer and that they were or should now be estopped, due to duplicate causes of action.  I ask the court to use its case management powers and consolidate the claims because it would not meet the small claims track proportionality rules for a consumer to pay an unconscionable 3 x £255 to move the matter forward to the single set aside hearing that is needed to dispose of the 3 CCJs.  My application is for the court to grant one hearing to consider setting aside the first one (due to reasons in the witness statement) and whilst also either consolidating or striking out the two duplicate subsequent claims altogether, due to cause of action estoppel and breach of the fairness test within Schedule 2 of the Consumer Rights Act 2015.

I hope this is acceptable. for the judge to see common sense in that Its 1 case for 3 ccjs so I dont have to pay multiple times, 

Thank You 

Maybe as above.

KeithP

1.4.3 On 5th June 2020 I have wilfully submitted my case...

Is 'wilfully' the right word to use there? It Doesn't sound right to me.

I am aware that the Claimant is excelpaking...

Read again grandad's post.

The Claimant is not excelpaking or excel parking. The Claimant is Excel Parking Services Ltd.