CCJ - Unsure If I can fight it! 13 July 2020 at 10:44AM in Parking Tickets, Fines & Parking 118 replies 1.7K views

Coupon-mad

Yes you can cover all this in the oral (telephone) hearing and I doubt the Judge will be fooled by what the PPC has thrown at it.  The Judge will want to hear from you why you think the CCJ should be set aside, either because the situation meets the Mandatory Set Aside rules or, as a fall back, the Discretionary set aside rules in CPR13. 

This may include summarising your defence, so be familiar with that too, but the main thrust will be:

'was this claim defectively served (i.e. not received because a lack of steps were taken to check the address) or not? 
...if not - i.e. if the claim was validly served - as a fallback position, is there a good reason to set aside the CCJ and allow this person to defend the claim?'

Make sure you comply with all deadlines in that order, including providing your phone number to the court in good time as well as emailing everything to the court and claimant's solicitors.  You know that they are a robo-claim solicitor who will facilitate ANY argument if they think it will bully and harass the consumer into giving up, or if they think they might fool a new Judge who hasn't seen many parking cases and doesn't yet realise they are always a scam claim.  They are hoping to fool one or the other with lots of pages and pointless, irrelevant argument.

Don't let their 'throwing the toys out of the pram' put you off!  

henrik777

BangeF2 said:

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.

In all honesty, it's better people aren't left to guess. If you can't communicate what the orders/letters say just post them up (removing personal information). You'll get better help if people have a better grasp of what's going on.

Coupon-mad

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? 

No, it doesn't.

BangeF2

hey guys.

So the first CCJ has been rescheduled. 
The second is due soon and is asking for the following to be sent 48 hours before the hearing:
a case summary and chronology - is that like a content page? 
The parties positions statement if available - how would it best to write this up?
The previous orders that are relevant to the remove hearing - this is obviously linked to ccj one so do I just make a simple note to say this? 
All essential documents that the court requires to determine the issue that fall for determination at the remote hearing - that would be the WS, the draft order and the defence plus evidence right?
A Draft order - as above 
Contact list detailing all parties involved - a simple list of our details? 

then it also says the parties shall file their position statement by email to the court office on the day of the hearing? What is a position statement? Witness statement? 

Also when speaking about this during the hearing, I imagine the claimant solicitors will try to argue that the claim forms etc was sent to the right address as on DVLA records but then I found this ccj lodged in the details of another ccj bundle and I have to say that I was easily found. Would I quote the CPR for a discretionary set aside? and then refer to the defence quote text from the Southampton case?

Sorry if these are silly questions. Im trying my best with undderstanding all of this. Again, just a person whos very unfamiliar with law stuff but can make sense of it when it is explained. 

thanks, 

Coupon-mad

Google chronology, it's easier than asking us, it's a normal word not a legal one.

BangeF2

why is it difficult to just give a straight forward answer without sarcasm or some unkind comment? I didn't ask for a patronising answer. is it so wrong to ask questions for some clarity? Isn't that the purpose of this forum? If you can't to be helpful then better not to reply at all. 

nosferatu1001

It isnt difficult.
But this is yourCCJ, and you take responsibility for finding out information. You could have simply googled the term that was unfamiliar. That would have given you a clue. Then you can ask a clarifying question which shows you have done some work yourself
Instead you spent 3 times longer ranting about someone trying to help you to help yourself.
You have also summarised too much
WHO is ordered to do the following? 
You notice is says ALL parties> you, the court and the claimant are all parties to this. Obviously you dont need to give the court their details....
A case summary - summarise your CCJ set aside reasons ie simple walk through of what happened and what you say to defend it. 
PRevious Orders - what Orders, capital, are relevant to this hearing?
Yep, WS and exhibits and defence
Yep, the draft order
A position statement is not a witness statement, Did you look it up to get some understanding? Knowledge is power, and google is right there for standard terms such as this. 
What do you mean by "the first CCJ has been reschedueld"? This is a nonsense statement right now. DO you mean the set aside hearing for the first CCJ has been rescheduled?

BangeF2

Thank  you for your email. I have been googling and following what I can. 
The first CCJ telephone hearing has been postponed as the court was 'vacant' and the judge was no longer available. 
The second CCJ telephone hearing has also been adjourned. 
I am now waiting to hear back from the courts about when the next hearings will be.