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

Coupon-mad

The WS should be saying why you got no letters and how the Claimant failed to serve the claim to your current address.  Like the set aside example links in the NEWBIES thread.  When you click on a link I give there, read the entire linked example thread from page one, not the stupid forum default of the 'last post' (I hate that the forum takes you to the poxy last post of a thread unless you override it and supply a 'page 1' link).

That draft defence looks nothing like the Parking Eye 'hidden keypad' example linked in the NEWBIES thread, already written ages ago. No wonder you feel out of your depth if you aren't using the resources in the NEWBIES thread and are trying to write things from scratch.  We are here to help and that's why the NEWBIES thread has a whole section on 'set asides' as well as quite a few ParkingEye defence examples.

Both will need the new April 2020 statement of truth (again, it's spelt out in the NEWBIES thread).  I don't want to put your off with the above, it'll actually be a heck of a lot easier for you when you just use what we've done already for everyone to copy.

bobsy31

Coupon-mad said:

The WS should be saying why you got no letters and how the Claimant failed to serve the claim to your current address.  Like the set aside example links in the NEWBIES thread.  When you click on a link I give there, read the entire linked example thread from page one, not the stupid forum default of the 'last post' (I hate that the forum takes you to the poxy last post of a thread unless you override it and supply a 'page 1' link).

That draft defence looks nothing like the Parking Eye 'hidden keypad' example linked in the NEWBIES thread, already written ages ago. No wonder you feel out of your depth if you aren't using the resources in the NEWBIES thread and are trying to write things from scratch.  We are here to help and that's why the NEWBIES thread has a whole section on 'set asides' as well as quite a few ParkingEye defence examples.

Both will need the new April 2020 statement of truth (again, it's spelt out in the NEWBIES thread).  I don't want to put your off with the above, it'll actually be a heck of a lot easier for you when you just use what we've done already for everyone to copy.

Thank you for pointing that out, I see how my templates are not the most up to date.
Obviously I need to remove the specific scenario laid out in the draft defence.

Conscious I am really pushing the timings here, am I better off emailing me N244 and paying for that today over the phone, then write up my WS and draft defence to send in a couple of days? Or best to send all the docs alongside the N244 form in one go?

nosferatu1001

Do it all in one go. 

bobsy31

nosferatu1001 said:

Do it all in one go. 

Thanks.

Does this WS stand any chance of holding up? Or am I being too honest?

I am NAME NAME NAME and I am the defendant in this matter.

This is my supporting statement to my application dated 11th June 2020 requesting to:

a.      Set aside the Default Judgment CCJ ****** from Parking Eye Ltd dated ******

c.      Order for the original claims to be dismissed.

d.      Order for the claimant to pay the defendant £255 as reimbursement for the set aside fee.

1. SET ASIDE DEFAULT JUDGMENT

1.1.       I was the registered keeper of the vehicle at the time of the alleged offence.

1.2.       I understand that the Claimant obtained a Default Judgment against me as the Defendant on DATE. I am aware that the Claimant is Parking Eye Ltd, and that the assumed claim is in respect of an unpaid Parking Charge Notice from DATE at the *** Hotel. 

1.3.       I did not receive the claim form and thus I was not aware of the Default Judgement until 18th May 2020

1.4.      In addition to the above, it should be highlighted that the integrity and law-abiding intention of the Defendant should be taken into consideration on the basis that;

1.4.1   I discovered a CCJ was lodged onto my credit file on the 18th May 2020.

1.4.2   I pursued the matter immediately with the General Manager of the Hotel. She requested a copy of my letter and proof of patronage in the form of receipt. She was unsuccessful with her attempts

1.4.2.1 I realise pursuing this route was an error on my part, and for me to contact the courts directly was the next step

1.4.3   On 11th June 2020 I wilfully submitted my case to set aside this judgment and fairly present my case.

1.5.       Prior to receiving the letter dated 18th May 2020, I have received no other correspondence to notify me of an impending CCJ or court date. As such the CCJ was uncontested

1.6.  Approximately 2 weeks after my stay at the hotel I did receive a letter. I contacted the hotel immediately and requested for this to be removed. They took my name and VRN, as well as my number. I felt from that point, that the matter was resolved and no further action was required from me.

1.7. In my most recent correspondence with the hotel, the General Manager has expressed her disappointment as to this not be resolved at the time and has made attempted to reverse the payment from Parking Eye.

1.8.       As someone who was there legitimately, there is no reason for this case to have escalated as it has.

1.10.    Considering the above I was unable to defend this claim. I believe that the Default Judgement against me was issued incorrectly and thus should be set aside and I ask the Court to kindly consider the reimbursement of the fee of £255 from the claimant should this request be successful.

 

Signed __________________________

Dated: ____________________________

 

nosferatu1001

The WS is about why you did not defend the claim. That is what you must focus on, and you must provide evidence. 

nosferatu1001

gah  wilfully? why does everyone say that?!

nosferatu1001

Yes, of course it does. 

bobsy31

nosferatu1001 said:

Yes, of course it does. 

Ok, so I am clear:
 - the only way to remove a CCJ is through a set-aside 
- if you fail in your set-aside the CCJ remains
- the cost would be the cost of the N244 plus the claimant's parking charges, so c450 pounds
- even after paying all the above costs, the CCJ is always there

So, if I feel I am going to lose as my case isn't watertight compared to all the other cases I have read. Are my choices limited to paying the debt, and then having on a record a 'satisfied' CCJ? There's no other way of removing it?

Le_Kirk

bobsy31 said:

nosferatu1001 said:

Yes, of course it does. 

Ok, so I am clear:
1. - the only way to remove a CCJ is through a set-aside 
2. - if you fail in your set-aside the CCJ remains
3 - the cost would be the cost of the N244 plus the claimant's parking charges, so c450 pounds
4 - even after paying all the above costs, the CCJ is always there
So, if I feel I am going to lose as my case isn't watertight compared to all the other cases I have read. Are my choices limited to paying the debt, and then having on a record a 'satisfied' CCJ? There's no other way of removing it?

1. Unless it is paid BEFORE the deadline set by the judge - YES
2.  Correct
3.  You don't pay the claimants parking charge unless the judge tells you to, the point of a set-aside is to reset the cloak so that you can DEFEND the original claim, therefore it is the cost of the N244 unless the judge awards you that back or it is reserved
4.  See answers to 1 & 2.

nosferatu1001

A satisfied CCJ still nukes your credit history
Your only option is a set aside. THats why, for the last 7 pages, we've said it.