CCJ from EPS - Need set aside advice please!

Coupon-mad

 how can I put in a defence about signs, contracts etc when I don't have any info about the original charge? 

The template talks about the signs in general terms.  I've never seen those signs but the template covers them!  You could always change it a bit and say that your research has shown you that this Claimant's signs are invariably small and illegible (then carry on with the template words, making it make sense hypothetically and saying that you've never seen a copy of the alleged contract on the signs and require the Claimant to show you this evidence).

FGLLA

Redx said:

as I mentioned earlier, all you have to do is show us the changes, you cannot edit posts until you have a number under your belt , no newbie can edit posts and there are no mods here, so repost because 14 posts is not enough (no I dont know the trigger number but its more)

the short draft is minus the AOP paragraphs as they are standard, the AOP ones will be in your final defence, to address AOP, but the core paragraphs are about the lack of info or incorrect address or whatever, addressing the pcn and parking issues, not AOP , so eventuallly a mix of both

SO THE FULL DEFENCE GOES IN, BUT ONLY POST THE ADAPTED PARAGRAPHS ON HERE , for checking

the aim is to show the set aside judge there is a valid defence to the original pcn, not AOP , we add in the AOP to all those numpties who have added spurious charges into the muddy waters, so almost everyone EXCEPT parking eye

the set aside judge will NOT decide on the original pcn and court claim, that is in the future

The extractedparagraphs from my Defence:

16. Should this poorly pleaded claim not be summarily struck out for any/all of the reasons stated

above, it is the Defendant’s position that no contract was entered into with the Claimant,

whether express, implied, or by conduct. Therefore, as a matter of contract as well as

consumer law, the Defendant cannot be held liable to the Claimant for any charge or damages

arising from any alleged breach of the purported terms. Whilst there is a lack of evidence

from the Claimant, the Defendant sets out this defence as clearly as possible in the

circumstances, insofar as the facts below are known.

17. The Defendant is not the only driver of this vehicle and the Particulars of Claim offer little to

shed light on the alleged breach, which relates to an unremarkable date some time ago. It is

not established thus far, whether there was a single parking event, or whether the vehicle was

caught by predatory ticketing and/or by using unsynchronised timings and camera evidence to

suggest a contravention. A compliant Notice to Keeper (‘NTK’) was not properly served in

strict accordance with section 8 or 9 (as the case may be) of the POFA.

18. The defendant never received any previous documentation from the Claimant in this matter

and thus was never able to properly challenge the Claimant’s claim. The defendant doesn't

know what the signs look like or what the alleged breach even was or who was driving.

19. The Claimant’s signs have vague/hidden terms and a mix of small font, such that they would

be considered incapable of binding any person reading them under common contract law, and

would also be considered void pursuant to Schedule 2 of the CRA. Consequently, it is the

Defendant’s position that no contract to pay an onerous penalty was agreed by the driver.

Coupon-mad

You need to change that last one like I suggested, to be more hypothetical about what you have discovered from researching images of this Claimant's typical signs, or it makes no sense.

FGLLA

Coupon-mad said:

You need to change that last one like I suggested, to be more hypothetical about what you have discovered from researching images of this Claimant's typical signs, or it makes no sense.

Thanks again, how about this?
19. After researching the Claimant’s typical signs, they generally have vague/hidden terms and a mix of small font, such that they would be considered incapable of binding any person reading them under common contract law, and

would also be considered void pursuant to Schedule 2 of the CRA. Consequently, it is the

Defendant’s position that no contract to pay an onerous penalty was agreed by the driver.

FGLLA

Also, once completed, can I email the draft defence and the WS directly to the claimant and the Derby County Court?
Or do I have to post it? Just thinking about my timescales if the deadline to submit is 6th July.

Coupon-mad

You can email it all during the pandemic, things changed.  That looks fine now.

Redx

Or drop it in personally to the Derby court as well as email , plus post a copy to the claimant today , obtaining a free certificate of posting from the post office counter as proof of sending (or post plus email) , so as well as emailing it to the claimant use additional post

So if you have any worries , do both to each party , why restrict yourself when there is no need to do so

Email should be ok , but check the Derby website and your court order for any limits, some impose a 50 page limit , Manchester website gives all the options so Derby should too

The point here is proving to the judge what you have done , in case the claimant asserts you have not , hence the free certificate of posting , not just dropping it in a pillar box unseen and with no proof of sending

If emailing , copy your own email into the recipient box so you get proof of email delivery , not just of sending

It's about covering your own rear end !!!

Ps , I am glad to see you finally took my advice because you were then able to concentrate on those few core issue paragraphs and tweak them accordingly

FGLLA

Thanks again for all the help guys, I eventually had my hearing on the 27th August.

The claimants representative, ELMS Legal, attended however, they had not seen my witness statement  or defence as they said it had not been passed to them from the claimant. The Judge ordered for them to pay my costs for attending the hearing and adjourned until the next day to give them time to read the documents.

On 28th August I had my hearing again, it was quite tense, however the Judge ordered for my CCJ to be set aside based on me having a strong defence to the claim. She also ordered for Excel to pay my application costs and costs for attending the hearing which was great.

Regarding the CCJ, how do I now get this removed from my credit file? Do the Courts automatically ask for it to be removed similar to how they put it on? Or do I have to contact the credit agencies to inform them?

She also asked the claimant to re-serve the claim form and the particulars of claim, which I received today.
Furthermore, she gave me permission to file and serve an addendum defence, although she mentioned that I had already filed and served a substantive defence.

Do I need to file this addendum defence? and If so, what do I put in it?

Also, as the Judge mentioned I had a strong case, is it possible/allowed for me to contact the claimant and ask to settle this out of court? i.e. ask them to cancel the claim against me as they are likely to lose and will have to pay more of my costs?

Thanks Again!

Coupon-mad

On 28th August I had my hearing again, it was quite tense, however the Judge ordered for my CCJ to be set aside based on me having a strong defence to the claim. She also ordered for Excel to pay my application costs and costs for attending the hearing which was great.

Brilliant - top result!  Have they paid yet?  They need to this month!

Regarding the CCJ, how do I now get this removed from my credit file? Do the Courts automatically ask for it to be removed similar to how they put it on? Or do I have to contact the credit agencies to inform them?

Should happen automatically.

Do I need to file this addendum defence? and If so, what do I put in it

I would submit a WS & evidence and a revised costs assessment including the costs of the next hearing, if it proceeds.

as the Judge mentioned I had a strong case, is it possible/allowed for me to contact the claimant and ask to settle this out of court? i.e. ask them to cancel the claim against me as they are likely to lose and will have to pay more of my costs?

Yes, why not email or write to Excel and say you look forward to receiving your costs before the date set by the Judge and whilst you have not needed to amend your defence, you are hereby serving a Witness Statement and evidence and you would like to also make a 'drop hands' offer, i.e. that both sides walk away after Excel have paid your previous costs as ordered.  This has value to them because the Judge has stated that your defence is strong and will save Excel exposure to further costs for another hearing. Give them 7 days.

nosferatu1001

As above.
Make srure you file and serve a WS and evidence. No need for a new defence. 

You have ajudge annoyed at them - automatically giving you wasted costs is sadly unusual.