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CCJ - Unsure If I can fight it!

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  • henrik777henrik777 Forumite
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    BangeF2 said:
    Also if the mandatory set aside isn't granted, do I need to add in the draft order that I would like for the order to be a discretionary set aside or shall I wait for the outcome of the mandatory set aside order?
    Ask for 1 but have the other ready to produce if required.
  • henrik777henrik777 Forumite
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    Skimmed through it all and saw nothing obvious.

    However bear the rules in mind.

    Mandatory set aside due to bad service 

    Cases where the court must set aside judgment entered under Part 12
    13.2  The court must set aside a judgment entered under Part 12 if judgment was wrongly entered because–

    (a) in the case of a judgment in default of an acknowledgment of service, any of the conditions in rule 12.3(1) and 12.3(3) was not satisfied;

    (b) in the case of a judgment in default of a defence, any of the conditions in rule 12.3(2) and 12.3(3) was not satisfied; or

    (c) the whole of the claim was satisfied before judgment was entered.



    Note there is no time limit nor promptness mentioned.




    Cases where the court may set aside or vary judgment entered under Part 12
    13.3

    (1) In any other case, the court may set aside or vary a judgment entered under Part 12 if –

    (a) the defendant has a real prospect of successfully defending the claim; or

    (b) it appears to the court that there is some other good reason why –

    (i) the judgment should be set aside or varied; or

    (ii) the defendant should be allowed to defend the claim.

    (2) In considering whether to set aside or vary a judgment entered under Part 12, the matters to which the court must have regard include whether the person seeking to set aside the judgment made an application to do so promptly.



    Promptly and defending mention (discretionary set aside)
  • BangeF2BangeF2 Forumite
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    Mandatory:
    Cases where the court must set aside judgment entered under Part 12
    13.2  The court must set aside a judgment entered under Part 12 if judgment was wrongly entered because–
    (a) in the case of a judgment in default of an acknowledgment of service, any of the conditions in rule 12.3(1) and 12.3(3) was not satisfied;
    (b) in the case of a judgment in default of a defence, any of the conditions in rule 12.3(2) and 12.3(3) was not satisfied; or
    (c) the whole of the claim was satisfied before judgment was entered.

    Discretionary: Cases where the court may set aside or vary judgment entered under Part 12
    13.3
    (1) In any other case, the court may set aside or vary a judgment entered under Part 12 if –
    (a) the defendant has a real prospect of successfully defending the claim; or
    (b) it appears to the court that there is some other good reason why –
    (i) the judgment should be set aside or varied; or
    (ii) the defendant should be allowed to defend the claim.
    (2) In considering whether to set aside or vary a judgment entered under Part 12, the matters to which the court must have regard include whether the person seeking to set aside the judgment made an application to do so promptly.

    I will make sure the mandatory parts are explicit in the court order and prepare a discretionary set aside in case this CCJ comes back. I can use the descretionary set aside for the ccJ2 so thats helpful. thank you very much

    Questions:
    Do I need to add the above to the it witness statement as well?

    'The 'defence dismissing the claim' does this need to be sent with the n244 or wait until the judge responds?
    Also is the 'defence' the same as 'the statement of case' ?
    Im being pedantic and really don't want to leave anything out incase it goes against it. 
  • nosferatu1001nosferatu1001 Forumite
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    2) youre not "law abiding" as theyre not claiming you broke a law. Its a simple contract dispute. State you are there to be found, and are on the utility bills etc so it would be trivial for them to find you. 
  • nosferatu1001nosferatu1001 Forumite
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    You seem to not understand the process

    You get one chance to set aside
    You make one application  that covers both CPR13.2 and 13.3 reasons for set aside
    Send the defence alongside the application. Its not a real defence - just a draft - but it shows you have a reasonable chance of defending the claim, which is part of CPR13.3
  • BangeF2BangeF2 Forumite
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    Hi there,

    On the particulars of my claim it appears the PCN is £100 but the 'DAMAGES/CONTRACT' SUM, IF IT EXCEEDS £100.' I'm not sure if that applies to me. Are the damages/contract £60 or £60 plus the £86.06 interest?  Im adjusting the defence template and just want to get it right. 

    THE CLAIMANT CLAIMS UNPAID PCN'S FROM THE DEFENDANT AS THE DRIVER/KEEPER OF THE VEHICLE. DESPITE DEMAND SBEING MADE, THE DEFENDANT HAS FAILED TO SETTLE THEIR OUTSTANDING LIABILITY. THE CLAIMANT CLAIMS £100 PER PCN, £60.00 PER PCN CONTRACTUAL COSTS PURSUANT TO THE CONTRACT AND PCN TERMS AND CONDITIONS, TOGETHER WITH STATUTORY INTEREST OF £86.06 PURSUANT TO S69 OF THE COUNTY COURTS ACT 1984 AT 8.00% PER ANNUM, CONTINUING AT £0.14 PER DAY.     

  • nosferatu1001nosferatu1001 Forumite
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    No, the global sum is £160
    £100 PCN
    £60 abuse of process amount they pull out of their asses
    How have they managed £86 of interest? Thats insane. But irrelevant. You dont chalenge that right now
  • BangeF2BangeF2 Forumite
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    Also, in the defence paragraph to amend in Red, I have spoken about the tickets issued twice in one day but im unsure what else I can say as part of my defence. 
    information about the signs  - this is already in the template. 
    Im not sure how else I can defend this. 
    would it help to say how despite the tickets issued, the NTK was sent to the wrong address?

  • nosferatu1001nosferatu1001 Forumite
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    You give some details about the background. Thats it. Youre not giving new defence arguments unless you have them. The template defence already has a fair number of points in there for you. 
    How will you word the Ntk being sent to the "wrong" address? Didnt they go to the RIGHT address, based on the V5?
  • BangeF2BangeF2 Forumite
    60 posts
    10 Posts Name Dropper
    No, the global sum is £160
    £100 PCN
    £60 abuse of process amount they pull out of their asses
    How have they managed £86 of interest? Thats insane. But irrelevant. You dont chalenge that right now
    i thought it might be £160 but wanted to make sure. 
    Im rolling my eyes at the £86. thank you for confirming this. 
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