CCJ Parking fine help

harrypotter29

HI All,
I now have my court date (video ) at the end of august im just looking through the threads in regards to wiring my defense, and the best way to prepare

Long story short.

I parked in a friends underground parking spot without a pass in the window as her partner had her car, i came back to a paring ticket bu was advised to leave it, i then moved shorty after and never received any more letters

nosferatu1001

Half of what you wrote isnt of course a defence to the underlying claim
Have you looked at the template defence and found it wanting? 

Le_Kirk

harrypotter29 said:

HI All,
I now have my court date (video ) at the end of august im just looking through the threads in regards to wiring my defense, defence and the best way to prepare
Long story short.
I parked in a friends underground parking spot without a pass in the window as her partner had her car, i came back to a paring ticket bu was advised to leave it, i then moved shorty after and never received any more letters

You are just looking at a defence but you have a court date?  Is this a defence for a case where you have had a set-aside?  Do you perhaps mean Witness Statement?

nosferatu1001

Based on everything this is a CCJ set aside hearing. 

harrypotter29

Thank you for your comments- i must of misunderstood.
This hearing is to have my CCj set aside i have already sent my witness statement,
I was under the impression at this court date I would also have to battle the parking ticket

Thank you

KeithP

harrypotter29 said:

I was under the impression at this court date I would also have to battle the parking ticket

Thank you

No, that is not the case.

On that date you are seeking to undo, i.e. set aside, the wrongful judgment. As part of that, you may be asked to show that you have a reasonable chance of defending the original claim.

If they wish, the Claimant can still pursue the underlying case - unless the set aside Judge says otherwise.

harrypotter29

Thank you for clarifying do i need to prepare a defence for the court date ?
Apologies I'm just making sure i have prepared everything i need

Redx

It's normally 2 hearings

Hearing 1 is the set aside , on one date

Hearing 2 is the court claim hearing itself , the one dealing with the PCN , on a later date

At hearing 1 the judge wants to see that you have a reasonable defence to put to hearing 2

The judges may well be different in each hearing , so judge 1 may not be adjudicating hearing 2

It is rare for it all to be over at hearing 1

Coupon-mad

This is all answered in the SET ASIDE section of the NEWBIES thread which has a few links to show you what the Judge will want to hear from you at this first hearing, and how to (hopefully) get the Judge to order your costs to be paid by te Claimant. 

Do revisit the NEWBIES thread and search it (control & f) for 'CCJ' and read that section again.

nosferatu1001

Its completly advisable to have a basic defence ready to show you have a reasonable chance of success, because this is a discretionary ground under CPR13.3