I have received a CCJ on my credit score

Backhereagain

KeithP said:

Backhereagain said:

if you would be so kind as to tell me if these form's at the bottom of this page will work? as I am really new to this and it gets confusing when I read a template that doesn't match my case. 
type in your search bar below please.

legalbeagles.info/library/how-to-set-aside-a-county-court-judgment-ccj/

Yes, those legalbeagles templates will work... when expanded with lots more detail.

Why not use the templates here which specifically tailored to the private parking industry?

Your choice.

because i am asking the court for a set-aside of a CCJ, and the stuff you are directing me to is, complaining about why you got the ticket in the first place, i am past that stage i am asking the courts for a set aside

nosferatu1001

1) it isnt complaining
2) Part of a set aside application is usually to show, under CPR13.3, that you have "any other good reason" why the court should grant the set aside. This requires that you put in a good defence. 
Does the above make sesne?

Coupon-mad

Yes but normally we (and Legal Beagles) don't expect people to file a defence at this stage.  We repeat this time and again:

https://forums.moneysavingexpert.com/discussion/6077746/county-court-judgement-received#latest

Coupon-mad said:

At set aside stage a defence is never filed until after the set aside is granted.

henrik777 said
Exactly. If you submit the best defence ever written for your set aside hearing to show "the defendant has a real prospect of successfully defending the claim" it's still not submitted as a defence to the claim even though such a thing might be a carbon copy of what is used to further your set aside application.

So, there is no need for a DEFENCE right now.

All the person needs to do is as per Legal Beagles advice, and at the hearing they must have in mind what their defence actually is, to satisfy the Judge if he/she asks in detail. They need to show evidence as to why the CCJ should be set aside and that is all about is not being properly served/wrong address/moving house, etc.

There is no need to file a defence at set aside stage and in fact in most cases it's almost impossible because no paperwork or claim form has arrived so the person doesn't know what they are defending.

The OP should also get a SAR from the parking firm by email, to shed light on the PCN(s).

To the OP, this is all covered in the NEWBIES thread already, 2nd post, in the section about set aside of a CCJ.

Le_Kirk

Coupon-mad said:

Yes but normally we (and Legal Beagles) don't expect people to file a defence at this stage.  We repeat this time and again:
https://forums.moneysavingexpert.com/discussion/6077746/county-court-judgement-received#latest

Coupon-mad said:

At set aside stage a defence is never filed until after the set aside is granted.

henrik777 said
Exactly. If you submit the best defence ever written for your set aside hearing to show "the defendant has a real prospect of successfully defending the claim" it's still not submitted as a defence to the claim even though such a thing might be a carbon copy of what is used to further your set aside application.

So, there is no need for a DEFENCE right now.
All the person needs to do is as per Legal Beagles advice, and at the hearing they must have in mind what their defence actually is, to satisfy the Judge if he/she asks in detail. They need to show evidence as to why the CCJ should be set aside and that is all about is not being properly served/wrong address/moving house, etc.
There is no need to file a defence at set aside stage and in fact in most cases it's almost impossible because no paperwork or claim form has arrived so the person doesn't know what they are defending.

In times of F2F hearings it was always advised to "have a copy of your likely defence in your back pocket in case the judge asks about the likelihood of defending the actual claim".  This is the Telephone Hearing equivalent.

Coupon-mad

Yes, but 'a copy of your defence in your back pocket' just means in your head or on some notes!

Le_Kirk

Coupon-mad said:

Yes, but 'a copy of your defence in your back pocket' just means in your head or on some notes!

Agreed, you do just that and don't file and serve it.

henrik777

I would send something resembling a defence, but not as part of the witness statement, as a separate document.

I'm a firm believer that you want to give a judge time to read something that should help you. If their "open mind" is predisposed t help you then a defence of sorts isn't likely to hinder your prospects.

Backhereagain

Coupon-mad said:

Yes but normally we (and Legal Beagles) don't expect people to file a defence at this stage.  We repeat this time and again:

https://forums.moneysavingexpert.com/discussion/6077746/county-court-judgement-received#latest

Coupon-mad said:

At set aside stage a defence is never filed until after the set aside is granted.

henrik777 said
Exactly. If you submit the best defence ever written for your set aside hearing to show "the defendant has a real prospect of successfully defending the claim" it's still not submitted as a defence to the claim even though such a thing might be a carbon copy of what is used to further your set aside application.

So, there is no need for a DEFENCE right now.

All the person needs to do is as per Legal Beagles advice, and at the hearing they must have in mind what their defence actually is, to satisfy the Judge if he/she asks in detail. They need to show evidence as to why the CCJ should be set aside and that is all about is not being properly served/wrong address/moving house, etc.

There is no need to file a defence at set aside stage and in fact in most cases it's almost impossible because no paperwork or claim form has arrived so the person doesn't know what they are defending.

The OP should also get a SAR from the parking firm by email, to shed light on the PCN(s).

To the OP, this is all covered in the NEWBIES thread already, 2nd post, in the section about set aside of a CCJ.

great advice, so this is just organizing the date at court, with this paperwork at this stage? and a defence can come thereafter? as I think i am overthinking it and trying to win the court case with these forms. the defence will always be the same anyhow, I moved house and didn't receive any paperwork from the parking company, that won't change.

great advice much appreciated. would you be so kind to have one quick look over the forms and make sure I have completed it, I can email the docs to your email??

nosferatu1001

That's not a defence to the pcn, however. 

Moving house doesn't mean they can't claim a driver did something that gives rise to a claim 
hence why I would always suggest a defence is supplied it's a set aside. It cannot hurt , and we have enough templates out there that it's trivial to do 

Backhereagain

nosferatu1001 said:

That's not a defence to the pcn, however. 

Moving house doesn't mean they can't claim a driver did something that gives rise to a claim 
hence why I would always suggest a defence is supplied it's a set aside. It cannot hurt , and we have enough templates out there that it's trivial to do 

send the link for a template, or is that the same one you sent previous when fighting PCN, sounded a lot like those people that say ' i am not a US citizen, I am not a free citizen of the land,' your laws don't apply to me, and we saw how that works out, at this time I would just want to have the PCN off my credit file!!!! and again here is another week with someone throwing one more thing in the mix to stop me sending off the paperwork again Monday no one has even checked if the paperwork is filled out correctly!!!!! you know I'm not sure if I am going forwards or backwards here, if you understand the process have a look at paperwork see if it is even filled out correct, that where you could be of most help