(Yet another) DCBL Letter - I've dropped a clanger. What are my choices?

nosferatu1001

Filling out the N244 will take a few minutes. The WS is not filled out on the form
You must have read other CCJ threads byu now, which tells you the WS is to SUPPORT THE SET ASIDE
It is not about the underlying claim, but why YOU should be able to have a hearing on the claim. The evidence you need to support this is any proof of address change, ability to be founbd, etc. 

You need to be writing this NOW, because you have to assume worst case
Youve had 3 weeks now, and thats the outer edge for a set aside under CPR13.3. You were told this day one of posting here

bobsy31

Coupon-mad said:

Yes you need to be sure they are not going to consent, before you spend £255.

Thanks. I'm adding this to the end of the email?
"Please can you confirm in the next 48 hours whether your position to set-aside is with consent, or without consent."

Coupon-mad

Yes that's fine, then apply on Friday of they are not consenting. 

BTW, we are NOT telling you to accept them demanding you pay the CCJ off to get consent!

KeithP

bobsy31 said:

Coupon-mad said:

Yes you need to be sure they are not going to consent, before you spend £255.

Thanks. I'm adding this to the end of the email?
"Please can you confirm in the next 48 hours whether your position to set-aside is with consent, or without consent."

I think instead I would write something like "if you do not confirm that a set aside with consent is acceptable within the next 48 hours, I will have no hesitation in filing a without consent application where of course my costs, and hence your costs, will be significantly higher".

bobsy31

KeithP said:

bobsy31 said:

Coupon-mad said:

Yes you need to be sure they are not going to consent, before you spend £255.

Thanks. I'm adding this to the end of the email?
"Please can you confirm in the next 48 hours whether your position to set-aside is with consent, or without consent."

I think instead I would write something like "if you do not confirm that a set aside with consent is acceptable within the next 48 hours, I will have no hesitation in filing a without consent application where of course my costs, and hence your costs, will be significantly higher".

KeithP and Coupon-mad, thank you!
I can imagine not knowledgable forumites like me can at times be frustrating to help, not least with the amount of hand holding required.

bobsy31

nosferatu1001 said:

Filling out the N244 will take a few minutes. The WS is not filled out on the form
You must have read other CCJ threads byu now, which tells you the WS is to SUPPORT THE SET ASIDE
It is not about the underlying claim, but why YOU should be able to have a hearing on the claim. The evidence you need to support this is any proof of address change, ability to be founbd, etc. 

You need to be writing this NOW, because you have to assume worst case
Youve had 3 weeks now, and thats the outer edge for a set aside under CPR13.3. You were told this day one of posting here

nosferatu1001 said:

Filling out the N244 will take a few minutes. The WS is not filled out on the form
You must have read other CCJ threads byu now, which tells you the WS is to SUPPORT THE SET ASIDE
It is not about the underlying claim, but why YOU should be able to have a hearing on the claim. The evidence you need to support this is any proof of address change, ability to be founbd, etc. 

You need to be writing this NOW, because you have to assume worst case
Youve had 3 weeks now, and thats the outer edge for a set aside under CPR13.3. You were told this day one of posting here

Hi. Thanks for clarifying. I will fill out the N244. I misread the thread and understood there to be a sequence to follow.
In the meantime, I will wait to hear back from PE after my latest email.

bobsy31

Hello
I'm not gonna lie, I feel hopelessly out of my depth. And no doubt frustrating some of you. 
Is it the done thing to copy/paste a copy of my draft order, draft defence and witness statement that I'm sending alongside my N244? Or is someone happy to review them for me, please?
I just want to ensure I haven't missed anything which, judging my track record and lack of knowledge/intellect in this space, is entirely feasible.

nosferatu1001

The draft order is easy. Its a copy paste 
the Witness Statement is what will take your time. It is NOT JUST filling out the N244, and you send it, the N244, the draft order all together in one go. 
The WS needs to set out *the grounds* under which your set aside should be granted, by showing why youre eligible under CPR13.2 and CPR13.3. 

bobsy31

nosferatu1001 said:

The draft order is easy. Its a copy paste 
the Witness Statement is what will take your time. It is NOT JUST filling out the N244, and you send it, the N244, the draft order all together in one go. 
The WS needs to set out *the grounds* under which your set aside should be granted, by showing why youre eligible under CPR13.2 and CPR13.3. 

Thanks. I haven't provided all the details (not notified by the hotel to register my reg plate on the day, called the hotel when I got the first letter and I was expecting a call back from them to resolve the issue at the time, no other letters until the  most recent one etc). I guess that comes in my overall draft defence?

Do I add more than I have here?

_________________________________

WITNESS STATEMENT OF ***** ****
_________________________________

I , *******of *******, being the Defendant in this case will state as follows;

1. I make this Witness Statement in support of the application for an order that the judgment in this case (Claim No. ***** Judgment dated ****** be set aside.

2: CPR 13.3 states (1) In any other case, the court may set aside or vary a judgment entered under Part 12 if –

(a) the defendant has a real prospect of successfully defending the claim; or

(b) it appears to the court that there is some other good reason why –

(i) the judgment should be set aside or varied; or

(ii) the defendant should be allowed to defend the claim.

3. I first learnt of the existence of this claim on the 18/05/2020 when I received a letter from the Claimant requesting payment of the judgment detailed in paragraph 1. [EXHIBIT A]

4. I had no knowledge of this claim until the receipt of the letter provided in Exhibit A 

5. I am able to provide a receipt to show my legitimate patronage at the hotel on that particular date (Exhibit B]

6 I am able to provide a statement from the business associate with whom I met on the day

7: On 08/06/2020 I made a written request to the Parking Eye inviting them to consent to set aside the judgment due to the reasons in paragraph 4.

8. The Claimant did not respond to my request.

9. I therefore respectfully request that the Court sets aside the judgment in this claim and allows 14 days for me to submit my defence.

Statement of Truth

I, *******, the Defendant, believe the facts stated within this Witness Statement to be true.

bobsy31

And this as my draft defence?

Draft Defence
__________________________________________________ ______

1. It is admitted that the Defendant entered into an agreement with Parking Eye on XXXXXX DATE while attending a meeting at the ***** Hotel

2. It is denied that the Defendant owes the Claimant £197 as stated in their particulars of claim.

3. It is admitted that I was a legitimate patron at the hotel

4. I am able to provide a receipt of my stay

5. On receipt of the first letter from Parking Eye, I contacted the hotel to confirm I was there legitimately. I was assured a call back to resolve the misunderstanding of receiving a ticket.

6. I have received no further letters since, until the most recent one dated 18/05/2020