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However bear the rules in mind.
Mandatory set aside due to bad service
Note there is no time limit nor promptness mentioned.
Promptly and defending mention (discretionary set aside)
Mandatory: Cases where the court must set aside judgment entered under Part 12
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.
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
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.
£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
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?
How will you word the Ntk being sent to the "wrong" address? Didnt they go to the RIGHT address, based on the V5?
Im rolling my eyes at the £86. thank you for confirming this.