VCS CCJ successfully set aside Leeds Crown Street

Ferrybird

Yes, he said it will be allocated to the small claims track and I will receive DQ. That's why I am considering a 'drop hands' offer to VCS to see if they are willing to discontinue.

Were_Doomed

If the CCJ is set aside, does that not merely put things back to the pre-claim position? So the PPC must decide whether or not to reissue the claim?

If they decide not to then OP could raise their own claim to recover the £255, such as a GDPR claim?

Ferrybird

I have considered a GDPR claim but not started to research it in any real depth. My initial thought is that this might be hard to claim for as the car was parked without a ticket and the payment had been logged against an incorrect VRN for some reason (driver feels that there is a bug in the app as it sometimes defaults to old VRN) - therefore they did have grounds to apply for keeper data. I read through KADOE a few weeks ago and can't recall anything obvious that made me think I could claim against them. I plan to revisit this properly now I've got over the first hurdle. 

Ferrybird

Hi all,

I'm a bit confused by something following my set aside and the notice that I have received from the court. I have tried searching for the answer here and with google but I'm still uncertain.

At my hearing when the DDJ granted the set aside they allocated the claim to the small claims track. I think what I was expecting to happen (maybe wrongly) was that the claim goes back to the stage where the PPC has to re-issue the claim, therefore allowing me to do an AOS, file a defence, DQ etc. As it has been allocated to the small claims am I right in thinking we have moved past the AOS and DQ stage? I've been reading the judgment trying to work out when and how to file my defence (I'm thinking ASAP and via email to answer my own question). I'm concerned that if the case has already been allocated to small claims without me filing AOS then the process has skipped ahead of me being able to file a defence, and if I do file one now the PPC will ask that it is struck out? This wouldn't be disastrous as I could still rely on my draft defence submitted for the set aside hearing, but I would have liked to refine it.

I have attached the redacted small claims allocation notice in case it is helpful. I appreciate that this is drifting in to legal advice and away from consumer affairs but I'm hopeful that others would have had experience of things being done in this order.

Redx

dont take this as gospel , but usually the AOS and defence go to the CCBC because that is where the claim is usually initiated from in normal circumstances, which probably happened in the first place

because you have obtained a set aside to a default CCJ , its normally your local court that deals with it, which means no AOS etc, but you do need a defence to the original court claim, not the holding defence and WS etc that went in with your set aside application

so I would have thought that some directions would have come your way, or the claimant would raise the initial court claim and you would put in your defence etc to your local court, not to the CCBC because they do not deal with actual live court cases , so to your local court where no AOS applies anyway

in other words there should be a local court listing , date etc, with directions to both sides (court orders) by post

but I could be wrong on some of the above

perhaps you are waiting for the claimant or a court to action something ?

yes it has moved past the initial AOS and DQ stage , because Leeds court is dealing with it as an active claim , if the claimant pays the £25 court fee by dec 29th

reading your NOA both sides have deadline dates for various tasks , including the claimant paying the court fee to Leeds Civil Court

both sides have deadline dates to submit documents and exhibits etc , both this month and next month , including you by 29th of december with all your bundle , plus 3 days before the hearing as well (2 court orders)

this will be

your new refined defence to the original claim (based on the CM template)

your witness statement

your exhibits (evidence)

your summary costs assessment with proof (including the set aside fee etc)

the claimant has those 2 deadlines as well plus paying the court fee (so 3 orders) or a strike out after dec 29th

then you organise the rest 3 days before the hearing as directed on that court order

KeithP

After the set aside hearing, didn't you get an Order from the court stating what happens next?

Something perhaps saying that the Defendant must file a Defence by dd/mm/yy?

Coupon-mad

Para 6 - 9 on the second page of that Order tells you what you must do and by when.

After a set aside I'd be filing and serving:

 - a defence to the PCN (see the template defence thread)
- a witness statement (not the one your filed to set aside the CCJ, a WS about the parking event in support of your defence - see NEWBIES thread example)
- exhibits and costs assessment (see NEWBIES trhead example WS & exhibits and costs assessment)

all given page numbers and listed on a covering index page.    Email to the other side and to the LOCAL court, not the CCBC at Northampton.

Ferrybird

Thank you for your replies, I understand now.

From reading other threads that are going through the process in the 'normal' order (not the reverse order after a CCJ set aside) I was aware that the defence is usually filed much in advance of the WS and exhibits. I was worried that including it in the bundle due on 29th would be too late. 

I have everything I need to update my bundle for the next hearing from the advice already given on this and other threads (my landowner contract is the same as @LordHorrendous - which is helpful). Hopefully the next update will be a positive outcome in January  

henrik777

The court is either wrong and missed that no defence is filed or has accepted whatever you submitted for the set aside hearing. I'd file it asap with a cover note (don't be blunt about the court though they won't like it )

bargepole

Coupon-mad said:

Para 6 - 9 on the second page of that Order tells you what you must do and by when.

After a set aside I'd be filing and serving:

 - a defence to the PCN (see the template defence thread)
- a witness statement (not the one your filed to set aside the CCJ, a WS about the parking event in support of your defence - see NEWBIES thread example)
- exhibits and costs assessment (see NEWBIES trhead example WS & exhibits and costs assessment)

all given page numbers and listed on a covering index page.    Email to the other side and to the LOCAL court, not the CCBC at Northampton.

I disagree.

The Defence which you previously filed for the set aside hearing is comprehensive, and sits in the court file. That's done and dusted. Filing another defence now is simply repetition, which is one of the quickest ways to annoy a Judge.

From reading the DDJ's Order, it seems quite clear that what is needed now is your WS and exhibits relating to the parking event itself, rather than the process by which the default judgment arose. That, plus your skeleton argument (if required) and costs schedule, should be combined into a single PDF document, indexed with all pages numbered, filed with the court and served on the Claimant. Also make sure you provide a phone number for the hearing date.