CCJ - Unsure If I can fight it! 13 July 2020 at 10:44AM in Parking Tickets, Fines & Parking 113 replies 1.5K views

FrankCannon

https://forums.moneysavingexpert.com/discussion/6130456/telephone-hearings-re-parking-firm-claims-can-we-all-discuss-strategy-and-outcomes-here/p1

nosferatu1001

Dont use the term defence
You are not "defending", you are showing you have good reason to set aside. 
There are two routes to set saide: mandatory CPR13.2 whcih  you must be completely familiar with and the discretionary CPR13.3, which is where a draft defence to the underlying claim is used
I am worried you are confusing the topics, meanin gyo uhave not done enough reading. 

Coupon-mad

No link to a thread you can search for - first hit. 

Sorry to be harsh but newbies MUST be able to use the forum to search it properly, it will help you.

As this is a CCJ set aside hearing, be VERY FAMILIAR with the mandatory rules about set aside and quote them, and if the Judge disagrees, go to the DISCRETIONARY set aside rules (you have two chances).

BangeF2

Update:
I have received a Trail bundle back for CCJ 1 from the claimant solicitors disagreeing with my points for a set aside. I was wondering what I would need to do next?
I took a look at the telephone hearing thread and it said to liaise with the claimant party and try to come to an agreement before the telephone hearing? what would be the best way to do this? 
Also do I need to submit a trial bundle to the claimant? 

thanks.

Le_Kirk

Well they would wouldn't they.  As far as your bundle is concerned, you should follow the orders of the court.  Have you received a hearing date letter and in that letter did it give explicit instructions what to send and when?   Whatever you file (send to court) you must also serve (send to claimant).

BangeF2

I wasn't expecting a bundle. TBH i dont know what to expect and just taking things as they come along because Ive never been iiin this situation before but what to resolve it.
Im just having a look online and saw that the claimant or party starting the proceedings typically sending over the trial bundle and I can dispute if anything looks wrong. 
They have definitely taken words and sentences from my WS and DO out of context and use this to back their argument. Is it worth disputing at this stage or shall I send my details over 48 hour before the telephone hearing as requested e.g claim form, PoC, Defence, application notice etc and wait for the hearing to take place before I dispute it?

The telephone hearing is Monday next week and I wonder if i have enough time to dispute? 
Thanks 

Redx

If the telephone hearing next week is about the set aside , then it won't be dealing with the dispute which is what the telephone hearings thread deals with. You are trying to unravel this back from a CCJ afaik

If the hearing is about the PCN and original court claim after a successful set aside , then you may want to email a supplementary WS

You need to be more explicit in your replies , because you mentioned a hearing but not what it's about

It takes 2 hearings for a CCJ , the first is the set aside the second and any subsequent ones narrow the issues and deal with the original court claim

BangeF2

This hearing mentioned above is for the CCJ as a result of parking invoices that were sent to the wrong add. This is the first hearing I am ever having. so this hearing will be more to do with the set aside however the claimant has said in the bundle that I "knew about it and could have acted on it but failed to do so" etc etc etc but this is out of context of the original WS and DO sent and untrue. Does that make sense? 

D_P_Dance

They can say what they like but will have to prove it OTBOP to a judge.  

nosferatu1001

This is for the set aside yes? Be very clear on wha tthis is. 
You just explain this stupidity in the telephone set aside hearing, because this should be obvious to anyone readintg. THEIR concern is they dont want to be found to have failed to serve the claim form, because that should mean an automatic refund of your set aside fee. THis wipes out any chance of them ever seeing any profit from this. 
What is a DO by the way? Draft Order?