CCJ- Set Aside- CLAIMANT DISCONTINUED

nosferatu1001

Even if they win, theyll have paid someone £300 to rep them. They wont make that much from you - £200 max - so theyll be in teh hole for over £350 for this ticket. Prudence suggests they discontinue!

The only way to get to 13 pages is if you wafffled on. Sorry, it is. A defence is a set of legal arguments. FOr a case like this, those arguments will not be that long. For a start, you dont include facts - that is for the WS. You would state "there can be no contract as there is insufficient signage to alert and bind a motorist..." (argument) or similar, and your WS then includes details of the sparse signage (facts)

Fruitcake

You can post your defence for the regulars to look at if you want. A long document can be uploaded to a web hosting site such as Postimage, Dropbox, Tinypic etcetera, then paste the URL here. If you do not yet have privileges that allow you to post a link, then change https to hxxps, and someone here will change it back to a live link.
You will need a hosting site anyway to show us the scammer's documents and exhibits.

dtnwf

Hi,
Yes I think you're likely correct with the 'waffled on' part. I've attached a link if anyone would mind looking at it, seeing what I need to rectify and how I can cut down on words.
hxxps://www.dropbox.com/home?preview=Defence+edited.pdf

nosferatu1001

Have you read the example defences, so you can seee how concisely they are constructed?
Have you applied those techniques first, since you already know a 13 page defence is 5x too long?

dtnwf

Just an update:

I took my time and managed to cut down my defence considerably which I then sent to the local County Court 14th July 2020.

Today I received a letter from the County Court. 
On considering the letter dated 16th July 2020 from the Claimants solicitors and on noting the Claimant had provided contact details in good time to both the court and Defendant.

It is ordered that:
1. The Claimants application to set aside the Judgement by Deputy District Judge *** dated 3rd July 2020 to be listed for hearing via Skype with a time estimate of 2 hours via skype March 2021.
2. The Defendants application to set aside the default judgement is to be heard immediately after the Claimants application if necessary.

Please can someone clarify this for me? I THINK they may have sent a letter stating they didn't get the phone call for the hearing (despite the hearing running 20 mins late as the judge was calling to no avail) and because of this it has now went back to the set-aside hearing again?  

Coupon-mad

Not quite, but sort of.  They have thrown some money at it.

They have made an application to set aside the judgment (the decision made at the hearing) and that is what the new hearing will be for, to first of all consider their application and whether it has any merit. 

And if the Judge thinks their reasons are good enough, only then will you have to go through your entire case again to have the CCJ set aside.

If you want me to bet, I think they will succeed with their application and you will have to do it all over again (sorry).  Assume that is how the hearing will pan out so rehearse doing this all over again in March.

nosferatu1001

That is also how I read it. 

dtnwf

hello, I would just like to update everyone.
Today I had the 2nd Set-aside hearing. The original time had been rescheduled (moved to the morning rather than afternoon, email had been sent to spam which I luckily checked after reading about this issue with someone else). This was a skype call- 2 hours.

The Claimant had sent a representative. Information about the 'letter' sent to the court post 1st set-aside was revealed. It stated 'the Claimant had provided contact details to the court and Defendant prior to the hearing and did not receive the phone call as no contact was made' - I was allowed to explain to the Judge that prior to the initial set-aside the Judge had attempted contact and a 20 minute delay ensued, the Judge also attempted to make contact whilst I was present on the phone but there was no answer'. The Judge accepted this and moved on.

The Judge asked if I had received the Claimants bundle - I advised I had not received anything from the Claimant. He advised it wouldn't matter anyway.

I explained that I felt the original set aside be upheld pursuant to CPR 13.2 and 13.3.
13.2 - Because the Claim form was never received. CPR 6.9 (3)  - I had moved to the location where the PCN was issued 2 days prior. As the Claim form was never received the time for acknowledgement had never expired. They had a 2 year time frame in which to trace me. I provided evidence of letters to 2 different addresses showing that the Claimant was not sure of my current address and an email from Gladstones stating they were aware that I lived at the address the PCN was issued. 
The Claimants representative then advised of the address that the Claim Form was sent to (I did not have this) which was an address I have never been to or driven to or even knew existed. I do not know how or why they sent a letter to a random location I have no affiliation to at all (same first line of address, different county, country and postcode). The Judge advised this didn't make a difference.

13.3 - Reasonable prospect of defending the original claim -
I lived there where the PCN was issued, the signage/contract was not visible/illegible and potential fraud (I do not suggest fraud lightly but I have good evidence to suggest this is the case). As such, they did not merit obtaining my details to begin with.

The Judge was not satisfied I met the criteria for a mandatory set-aside as the Claimant followed correct procedure by obtaining my details through the DVLA but advised I met the criteria for a discretionary set aside.

As such, the Default Judgment is set aside/the 1st set aside is upheld.

Costs:
I have to repay the £255 to the Claimant as this was awarded to me following the 1st Set aside which they did not attend.

I requested that costs be reserved for the defence hearing - The Claimants representative did not accept this. The judge took a few minutes to deliberate and advised what the outcome of costs would be had the Claimant been at the 1st set-aside hearing......He returned and stated that I still had to pay the £255 to the Claimant. This will be on the court order and I have 21 days to pay.

Both parties must submit Direct Questionnaires
The Draft Defence I sent will be my defence used at the next hearing

Not entirely sure what to make of it. Happy to have the CCJ removed obviously but I'm out of pocket by £255 despite having both set-asides in my favour. Can I have costs awarded at the Defence hearing?

nosferatu1001

Thats rubbish. Judge erred in law
"The Claimants representative then advised of the address that the Claim Form was sent to (I did not have this) which was an address I have never been to or driven to or even knew existed. I do not know how or why they sent a letter to a random location I have no affiliation to at all (same first line of address, different county, country and postcode). The Judge advised this didn't make a difference."
Yes it bloody well did!
An address you have never lived at can never be a "last known address" and as such, the claim form was never, ever served on you!
Why you didnt find this out months ago I dont know -= did you not get the details of the claim form from the CCBC, and could have queried the address then?
The judge misdirected themselves. CPR13.2 absolutely DID apply and as such you should not have to repay the £255

Le_Kirk

You should make sure you submit a summary costs assessment before the actual hearing for the issue, which will include your £255 and, when you win the case, ask for costs!