I have received a CCJ on my credit score

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Johnersh said:

Reading the thread, the o/p clearly needs to do some research. There is no substitute.  Google CPR application to set aside and try to get to grips with the arguments you need to present. 

That said, there are several issues here:

1. Failure to serve (provided correct address provided to DVLA on time). There would be a wealth of pre-action correspondence that was unanswered at least giving rise to the possibility that the defendant wasn't there. 

2. If the claimant did not file a certificate of service at court appending the full particulars of claim, I'd argue that they weren't entitled to judgment as the court had no record of the fully pleaded case.

FWIW, I would have some form of defence ready to go - even if a list of issues likely to be raised in any proceedings, based on the scant information you have, precisely to show it will be defensible. 

I have tried but it feels like there is endless reading, and I'm not actually retaining as I've never been in a court.

I agree you have some great valid points there.....failure to serve is correct, because they are going to say it is on to you to make sure that this is always up to date, and being my first car registered in the UK, I never fully understood the implications.

*2. If the claimant did not file a certificate of service at court appending the full particulars of claim, I'd argue that they weren't entitled to judgment as the court had no record of the fully pleaded case. 
I am unsure what that means as I checked my credit file and it already had the DVLA.

And finally, I think it is too complex to even use a template other than telling the truth..but please correct me if I am wrong.
I parked somewhere an hour before closing time without a ticket, civil enforcement camera seen me, sent the letter, my details had not been updated at the DVLA (for whatever reason) I didn't get the forms, they filed a CCJ and it went on my record, I need to get it or I won't get credit. if you think they will never buy that or that couldn't win in court, please tell me and i will save the £255.00 for the court case

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nosferatu1001 said:

Oh no I understand it, it just sounded like the OP was accusing me of presenting a FMOTL true defence - which I've never done. 

no, you didn't .but that's how some of the defenses sound to someone from the outside, in any case, that is if I'm reading the correct information! there is just so much writing to get through and read and they aren't similar and no-one has the same scenario as I am in, people have a CCJ they want a set-aside but the defense isn't the same and I am not smart enough to tailor my story to the template.

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Coupon-mad said:

You need to remove those documents as they show your name and address.  You need to cover your ID.

The defence is terrible, bin it.   You do not need to file a defence with a set aside application, only a WS.
At no point should you be saying '1. It is admitted that the Defendant entered into an agreement with Civil Enforcement Limited on 13/01/2019.'. No, you didn't.

hey first off thank you for your concern, MY ID is the least of my worries right now, so I didn't think to cover and I have removed them now.
the defence is probably sub amateur = because that what I am, and everyone around me, please suggest a better one, so are you saying just send off the 244 forms and witness statement that comes with it? 
this is what the templates are having on them and that is why I have that on there, so that needs to go, and what replaces that?

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Backhereagain said:

Coupon-mad said:

You need to remove those documents as they show your name and address.  You need to cover your ID.

The defence is terrible, bin it.   You do not need to file a defence with a set aside application, only a WS.
At no point should you be saying '1. It is admitted that the Defendant entered into an agreement with Civil Enforcement Limited on 13/01/2019.'. No, you didn't.

hey first off thank you for your concern, MY ID is the least of my worries right now, so I didn't think to cover and I have removed them now.
the defence is probably sub amateur = because that what I am, and everyone around me, please suggest a better one, so are you saying just send off the 244 forms and witness statement that comes with it? 
this is what the templates are having on them and that is why I have that on there, so that needs to go, and what replaces that?

I also need to add that everyone on the thread is really happy to push to the court to request to get a set-aside, which is going to cost money, but I don't even have a defense for when I get there. or a defense that a 5-year-old would believe. surely someone can help with a valid defense? I'm really not excited to go to court to get laughed out of there and have to pay them for the experience if you know what I mean.

Coupon-mad

As I said, you DO NOT need a defence when filing a N244 for a set aside. 

Bin that one.  It is terrible, you DID NOT enter into any agreement with CEL in 2019.  I don't need to show you another defence because you are not at defence stage.

And finally, I think it is too complex to even use a template other than telling the truth..but please correct me if I am wrong.
I parked somewhere an hour before closing time without a ticket, civil enforcement camera seen me, sent the letter, my details had not been updated at the DVLA (for whatever reason) I didn't get the forms, they filed a CCJ and it went on my record, I need to get it or I won't get credit.

I will correct you because you are wrong.

 if you think they will never buy that or that couldn't win in court, please tell me and i will save the £255.00 for the court case

I am saying that is not what to write.  That;s why we have lots of examples of set aside witness statements and a draft order for you to copy, that have worked in EVERY case except two (Judges were wrong) in the thousands of set asides we've assisted with in many years here. 

All parking cases, all like yours.  There is nothing complicated or different about your case.

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nosferatu1001 said:

OP - post your forms here then

this isn't one more thing in the mix
this is what I suggest in every set aside. That a basic defence is appended to show a reasonable chance of defence. Given you've got only the vaguest of PoC a vague defence can be excused 

I have no bloody idea what you meant by the FMOTL stuff. 

Please help with any missing info data, wording, and is that enough to send off?

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Coupon-mad said:

As I said, you DO NOT need a defence when filing a N244 for a set aside. 

Bin that one.  It is terrible, you DID NOT enter into any agreement with CEL in 2019.  I don't need to show you another defence because you are not at defence stage.

And finally, I think it is too complex to even use a template other than telling the truth..but please correct me if I am wrong.
I parked somewhere an hour before closing time without a ticket, civil enforcement camera seen me, sent the letter, my details had not been updated at the DVLA (for whatever reason) I didn't get the forms, they filed a CCJ and it went on my record, I need to get it or I won't get credit.

I will correct you because you are wrong.

 if you think they will never buy that or that couldn't win in court, please tell me and i will save the £255.00 for the court case

I am saying that is not what to write.  That;s why we have lots of examples of set aside witness statements and a draft order for you to copy, that have worked in EVERY case except two (Judges were wrong) in the thousands of set asides we've assisted with in many years here. 

All parking cases, all like yours.  There is nothing complicated or different about your case.

yes please help thanks, much appricated, I have removed sensitive data and uploaded again, can you tell me if this is correct and I can send them tomorrow morning??

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Backhereagain said:

nosferatu1001 said:

OP - post your forms here then

this isn't one more thing in the mix
this is what I suggest in every set aside. That a basic defence is appended to show a reasonable chance of defence. Given you've got only the vaguest of PoC a vague defence can be excused 

I have no bloody idea what you meant by the FMOTL stuff. 

Please help with any missing info data, wording, and is that enough to send off?

sorry other attachment is wrong this is witness statement

Coupon-mad

You need to tick the box that you are attaching a witness statement (the box above the info you typed into the form).

And in your witness statement, end it with the new April 2020 Statement of Truth (Google it!).

You haven't copied a six point draft order.  They are in every set aside thread including the ones linked in the set aside advice section of the NEWBIES thread.  You should attach an Order that you want th court to make, this is normal stuff for these cases so take an extra 24 hours over it.

Backhereagain

i will put the work in to get this, i am a little rusty because everything is new, but if someone shows me i can pick it up fast, but i have zero court experience