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Court Case VCS EMA East Midlands Airport BP Gas Petrol Station CCJ Trying Adjourn defence

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  • Le_Kirk
    Le_Kirk Posts: 24,685 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    If you have already submitted a WS and a defence, you cannot add to it.  Your WS needed to be reasons why you should have the CCJ set aside and your defence why you stand a good chance of defeating the original PCN.
  • Sohail12345
    Sohail12345 Posts: 54 Forumite
    10 Posts Name Dropper
    I am not wondering why i got ccj. 

    I was filing together the defence, but didnt do it in time.

    I had to email them to still try and win this case. 

    Who charges here but has won cases and knows of successful cases against this petrol station at East Midlands Airport. 
  • Sohail12345
    Sohail12345 Posts: 54 Forumite
    10 Posts Name Dropper
    Le_Kirk said:
    If you have already submitted a WS and a defence, you cannot add to it.  Your WS needed to be reasons why you should have the CCJ set aside and your defence why you stand a good chance of defeating the original PCN.
    I can add evidence and comments to the case up until the telephone hearing correct? 
  • twhitehousescat
    twhitehousescat Posts: 5,368 Forumite
    1,000 Posts Third Anniversary Name Dropper
    your first hurdle is convincing a judge as to why you failed to reply to court papers , and simply saying I was late , i was busy will not cut it 
    only at the point where you convince a judge you are not doing "credit file cleanup" and a valid reason for not replying to court papers will they be interested in listening to yiour side of the claim
    so you have a big hurdle to jump 
  • Le_Kirk
    Le_Kirk Posts: 24,685 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Search the forum using EMA as your search phrase.  Be aware though that a lot of the results are your posts because you jumped on so many other poster's threads, so you have to go to about page 5 of the results.  I did find one long thread where someone had a success it is this one: -
    https://forums.moneysavingexpert.com/discussion/6073673/vcs-ema-petrol-station-yet-again/p1
  • Sohail12345
    Sohail12345 Posts: 54 Forumite
    10 Posts Name Dropper
    your first hurdle is convincing a judge as to why you failed to reply to court papers , and simply saying I was late , i was busy will not cut it 
    only at the point where you convince a judge you are not doing "credit file cleanup" and a valid reason for not replying to court papers will they be interested in listening to yiour side of the claim
    so you have a big hurdle to jump 
    Well it was due to lack of legal knowledge took me longer to out together a case sighting all legalities
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 3 May 2020 at 4:20PM
    4) no its not , the defence is to rebut the claim , a WS is totally different, plus it expands on the WS plus adds exhibits

    5) a draft order is not a WS , a WS is not a draft order

    SEPARATE TOPICS

    SET ASIDE + DRAFT ORDER
    DEFENCE
    WITNESS STATEMENT + EXHIBITS + SUMMARY COSTS ASSESSMENT
  • Coupon-mad
    Coupon-mad Posts: 152,691 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Le_Kirk said:
    If you have already submitted a WS and a defence, you cannot add to it.  Your WS needed to be reasons why you should have the CCJ set aside and your defence why you stand a good chance of defeating the original PCN.
    I can add evidence and comments to the case up until the telephone hearing correct? 
    The Order about the telephone hearing will tell you the deadline and what you have to do.

    Are you saying that you got a CCJ and you have paid £255 for a set aside using form N244, and this hearing is about your reasons to get the CCJ set aside?   What are your reasons, are they because of distraction or not being at home to read mail during the pandemic, or what?  The Judge will want to know why you didn't reply to the claim.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Sohail12345
    Sohail12345 Posts: 54 Forumite
    10 Posts Name Dropper
    Le_Kirk said:
    If you have already submitted a WS and a defence, you cannot add to it.  Your WS needed to be reasons why you should have the CCJ set aside and your defence why you stand a good chance of defeating the original PCN.
    I can add evidence and comments to the case up until the telephone hearing correct? 
    The Order about the telephone hearing will tell you the deadline and what you have to do.

    Are you saying that you got a CCJ and you have paid £255 for a set aside using form N244, and this hearing is about your reasons to get the CCJ set aside?   What are your reasons, are they because of distraction or not being at home to read mail during the pandemic, or what?  The Judge will want to know why you didn't reply to the claim.
    I have gone through n244 but with some help with fees option given my gov.uk.

    My situation at the time meant i was under stress from home and work and in two minds of maybe trying to afford to pay it off and not go through defending but then my employment was uncertain and so was seeking advise and also at the little time i could give to this task of having to learn and make this defence took very long. 
  • Sohail12345
    Sohail12345 Posts: 54 Forumite
    10 Posts Name Dropper
    @Le_Kirk @Redx @Coupon-mad i highly appreciated that you are setting me out in the right direction. I asked the 1 solicitor i know and he said this is not his field. 
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