Fighting a UKCPM CCJ Help

Le_Kirk

For GP 2(i) i will provide a short paragraph or so detailing the timeline. So the PCN issue date, when the CCJ was applied for by the Claimant, the date the CCJ was granted, when i first made contact with gladstones to set aside by consent and finally when i made my £255 N244 set aside application with CCBC.

Is that right?  A set-aside by consent is only £100 and it is unusual to have a hearing.  Do you mean a contested set-aside?

Coupon-mad

A skeleton argument isn't needed and is not the same as a Draft Order.

sofa_searcher

Le_Kirk said:

For GP 2(i) i will provide a short paragraph or so detailing the timeline. So the PCN issue date, when the CCJ was applied for by the Claimant, the date the CCJ was granted, when i first made contact with gladstones to set aside by consent and finally when i made my £255 N244 set aside application with CCBC.

Is that right?  A set-aside by consent is only £100 and it is unusual to have a hearing.  Do you mean a contested set-aside?

Yes I meant contested. To clarify, I contacted Gladstones to set aside by consent. They agreed the papers where filed incorrectly but refused to pay the £100 application fee. As a result I was compelled to file the contested set aside application at a cost of £255.

Coupon-mad said:

A skeleton argument isn't needed and is not the same as a Draft Order.

I made a mistake. What I wanted to ask is the skeleton argument the same as a Draft defence? 

Umkomaas

sofa_searcher said:

Le_Kirk said:

For GP 2(i) i will provide a short paragraph or so detailing the timeline. So the PCN issue date, when the CCJ was applied for by the Claimant, the date the CCJ was granted, when i first made contact with gladstones to set aside by consent and finally when i made my £255 N244 set aside application with CCBC.

Is that right?  A set-aside by consent is only £100 and it is unusual to have a hearing.  Do you mean a contested set-aside?

Yes I meant contested. To clarify, I contacted Gladstones to set aside by consent. They agreed the papers where filed incorrectly but refused to pay the £100 application fee. As a result I was compelled to file the contested set aside application at a cost of £255.

Coupon-mad said:

A skeleton argument isn't needed and is not the same as a Draft Order.

I made a mistake. What I wanted to ask is the skeleton argument the same as a Draft defence? 

A Skeleton Argument is a distillation of your case into a few bullet points - think aide memoire/shopping list style. Anything you send the court you send to the Claimant too. 

What do you intend to include in any SA?

Le_Kirk

If this is a set-aside, you only need "a prospect of being able to successfully defend the original claim" and as such do not need to file/serve a full defence; it cannot hurt to have a defence available if you are asked for one.  In days of F2F hearings it was recommended to have one "in your back pocket".

sofa_searcher

Coupon-mad said:

A skeleton argument isn't needed and is not the same as a Draft Order.

I made a mistake. What I wanted to ask is the skeleton argument the same as a Draft defence? 

A Skeleton Argument is a distillation of your case into a few bullet points - think aide memoire/shopping list style. Anything you send the court you send to the Claimant too. 

What do you intend to include in any SA?

For my skeleton argument I will cover the points mentioned in my witness statement. This is essentially me describing that the claim forms was sent to an address i no longer resided at. Additionally, I will mention Gladstones emailed me saying they are happy to set aside the judgment by consent as the papers were defectively served but would pay the application fee to correct their mistake.

For the core bundle of documents I intend to include a case summary and witness statement. Do I then send these to Gladstones and asked them to email me their documents (with a deadline) so I can put it together and send it to the county court? As per the instructions highlighted below (full version here), I don't need to included my draft order and skeleton argument in the core documents

Skeleton arguments (if any) do not form part of the core bundle and may be sent separately, together with a copy of the draft order in Word (if the parties have a significant disagreement as to the terms of the draft order, each may send a draft).
4. If a document might become relevant in the course of a hearing, the party should have an electronic copy of it available so that it can be emailed to the Judge, but that will be an exceptional course. The parties will be able to make oral submissions. 5. The bundle should be agreed and paginated – documents from an existing paginated bundle may be used with the existing pagination so long as they are placed in numerical order in the core bundle.

Coupon-mad

For my skeleton argument I will cover the points mentioned in my witness statement. This is essentially me describing that the claim forms was sent to an address i no longer resided at. Additionally, I will mention Gladstones emailed me saying they are happy to set aside the judgment by consent as the papers were defectively served but would pay the application fee to correct their mistake.

That is not a skeleton argument and I did already say:

A skeleton argument isn't needed.

sofa_searcher

Is my case summary below adequate, particularly point 8 where I have referenced CPR codes? Is it 13.2(a) or (b) I would like to send the summary and witness statement to Gladstones so I can submit the core documents to the county court on time.

1.       This case summary is to assist the Court in the Set Aside hearing due Dec 2020.

2.       The Claimant obtained a default judgment against the Defendant on XXX/2019 for an alleged parking charge notice (PCN) that was issued on XXX/2018.

3.       The date of service by the Claimant was on the XXX/2019.

4.       However, the Claimant at the time of serving the CCJ claim form did not confirm they retained the correct contact information for the Defendant therefore not adhering to CPR 6.9 (3).

5.       On XXX/2020 the Defendant became aware of the default judgment after a credit history check.

6.       The Defendant, on XXXX/2020, contacted the Claimant to set aside the default judgment by consent as the CCJ claim forms were defectively served.

7.       The Claimant provided consent to the judgment being removed but refused to pay the necessary county court application fee.

8.       As a result, on XXX/2020 the Defendant was compelled to submit a N244 application notice and £255 county court fee to ask the court to set aside the default judgment because pursuant to CPR 13.2 (a) 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.

sofa_searcher

Hi all, I believe I may in need of desperate help. I there someone on here that is trustworthy that I can make contact with to help with my case?

nosferatu1001

Just post up here. Seriously 

given your case so far is nothing out of the ordinary for a set aside, why the desperation?