Telephone Hearing to Set Aside CCJ at Country Court

Coupon-mad

Having costs Ordered to be REPAID to you by the Claimant is what you want - be brave and ask, at the end, and explain why you think that they acted unreasonabley (have a bullet point list).  Go through it.  Be heard!

If the Judge says no to Ordering the £255 to be paid by the C, ask ''alternatively, could I ask Sir/Madam, for that cost to be reserved then please, so that I may make a case to claim it at the final hearing given their conduct, and also can the Order please state that they must pay it if they discontinue because I feel it's unfair if I am left high & dry, given this was caused by UKCPM not bothering to take any small steps that were open to them, to ensure effective service of letters and the claim.

injectedmadness

I will definitely ask for my costs to be repaid. Glad to know that even if the judge says no, I can ask for a reservation.
I'll go through all the posts referenced here by yourselves to make sure I cover all grounds.

Coupon-mad

'Reserved' not 'reservation'.

henrik777

injectedmadness said:

Coupon-mad said:

UKCPM has issued permits to residents using the full address so as such have access to it.

Aha, so they knew, or should have known...they had the info in their hands all along and a reason to believe that their post was not being received.  Could have been easily sorted so the claim went to the right address but they didn't take any steps to make sure.  They could even have asked the Managing Agent who contracted them,  what the issue might be!

Yes, the letters residents receive with their permits are addressed to the full flat + block name address. Like I said, there have been many community posts about this on our residential page. I have included these in my pack and a letter from a tenant to testify they have had regular issues with losing posts and parcels.

Well if you have YOUR letter then that would be something of an issue for them.

You wrote to x on xxx at xxxxxxxx with letters about yyyyyy. The address you used for the court papers is different, how do you explain that ? (note if you have properly addressed mail from them dated AFTER they initiated the court claim as well as before then that, IMO, shows they should have had a reason to believe the address was incorrect thus they needed to follow the rules in cpr 6.9 which they apparently did not)

nosferatu1001

It sounds like their contract cannot possibly be valid, if it was written before the block your vehicle was parked in was even built - it would have to be wored extremely openly - worryingly so, for the Landholder - in order for it to apply
BUt as siad
Your PURPOSE of this hearing is a *set aside*. Its not very much to do with the actual claim itself, but reasons why the judgement should be set aside, and a hearing on the actual claim heard. 
Costs
- ask them to be repaid now
or
- reserved until trial OR repaid if the claimant subsequently discontinues
Get those two points in your head, on a sheet of paper, with a big ASK AT END!!!! post it note on there. 

injectedmadness

Well if you have YOUR letter then that would be something of an issue for them.

The parking permit issued to the leaseholder is addressed to the Resident/Occupier with the Full Block Address. Really, they have never issued a parking permit to myself personally. It has always been the leaseholder. Although, this feels like a contradiction to their own point made in their witness statement that the 'landlord does not have this right to give'. They inadvertently accept the landlord can give the badge to park in the space that they lease so I as a tenant can park in that space but do not accept that the landlord has any rights to give. According to their definition this doesn't make any sense. Also, at the defense stage I will probably request from the Leaseholder a copy of their lease.

Can I at this stage send to the claimant a copy of the parking badge letter and also to the court as additional evidence to support my set aside application?

It sounds like their contract cannot possibly be valid, if it was written before the block your vehicle was parked in was even built - it would have to be wored extremely openly - worryingly so, for the Landholder - in order for it to apply

Can I raise this point in the set aside application hearing to assert that I do have a defense if the case was re-opened.

My hearing is in less than 24 hours. Really hoping the judge sees that I genuinely did not receive the claims letter and did not have the chance to defend.

Coupon-mad

Can I at this stage send to the claimant a copy of the parking badge letter and also to the court as additional evidence to support my set aside application?

No need; the set aside hearing is NOT about the permit.  This is a two step process.

One hearing to set aside the CCJ by proving that the claim was never properly served.  And claim your £255 back from the claimant by asking the Judge to order it at that hearing, due to the C's failure to use a full block address they had knowledge of, already.

Another later hearing to defend the set aside claim, when it continues without the damage to your credit rating.  The permit is evidence for hearing #2.  But have it with you in your papers for the first hearing in case the Judge wants to hear about the defence in any depth.

injectedmadness

Another later hearing to defend the set aside claim, when it continues without the damage to your credit rating.  The permit is evidence for hearing #2.  But have it with you in your papers for the first hearing in case the Judge wants to hear about the defence in any depth.

That's what I mean, since I did not submit this as part of the evidence that I submitted during the N244 Application. Should I send this in to both parties as this is a telephone hearing? In case the judge does want to discuss this to be satisfied that I have a defense.

If the judgement is set aside does the CCJ get removed from my credit rating?

KeithP

If the judgement is set aside does the CCJ get removed from my credit rating?

Yes. The 'judgment' is the CCJ.

CCJ = County Court Judgment.

henrik777

Coupon-mad said:

Can I at this stage send to the claimant a copy of the parking badge letter and also to the court as additional evidence to support my set aside application?

No need; the set aside hearing is NOT about the permit.  This is a two step process.

One hearing to set aside the CCJ by proving that the claim was never properly served.  And claim your £255 back from the claimant by asking the Judge to order it at that hearing, due to the C's failure to use a full block address they had knowledge of, already.

Another later hearing to defend the set aside claim, when it continues without the damage to your credit rating.  The permit is evidence for hearing #2.  But have it with you in your papers for the first hearing in case the Judge wants to hear about the defence in any depth.

Well if the permit has the full address, all be it a different person, i'd definitely be using the address part to indicate/enhance incorrect service and "reason to believe".