CCJ N244 Application to set aside judgement advice

SayNoToPCN

File your defence within the 14 days
Some courts mess up with a set aside, and do not then order WS etc to be filed, so I suggest
- file a defence to the deadline you were told. do not miss this. Send to court and claimant, always both
- file a WS - that supports the claim, nothing to do with the set aside! - and exhibits well in advance of the hearing date for the claim, even if not told to do so. Court and claimant! 
- make sure you get your costs within 14 days for the N244 set aside! chase them if needed! 

The court removes the judgment from the register, so they are doing that for you. 

They were correct though. You DO get a CCJ, even if you pay in time, but that CCJ is not visible to anyone buy the court IF YOU PAY in time. So they were right - you just missed the nuance

As regards settling up if you lose - get bank account details there and then on the call. Dont let them go without it. Obvious as you can then pay then immediately. 

henrik777

SayNoToPCN said:

File your defence within the 14 days
Some courts mess up with a set aside, and do not then order WS etc to be filed, so I suggest
- file a defence to the deadline you were told. do not miss this. Send to court and claimant, always both
- file a WS - that supports the claim, nothing to do with the set aside! - and exhibits well in advance of the hearing date for the claim, even if not told to do so. Court and claimant! 
- make sure you get your costs within 14 days for the N244 set aside! chase them if needed! 

The court removes the judgment from the register, so they are doing that for you. 

They were correct though. You DO get a CCJ, even if you pay in time, but that CCJ is not visible to anyone buy the court IF YOU PAY in time. So they were right - you just missed the nuance

As regards settling up if you lose - get bank account details there and then on the call. Dont let them go without it. Obvious as you can then pay then immediately. 

https://www.judiciary.uk/wp-content/uploads/JCO/Documents/CJC/Publications/Other+papers/Small+Claims+Guide+for+web+FINAL.pdf

If you file a defence, the court will send the claimant a copy of the defence, together with other documents for

the claimant to complete.

SayNoToPCN

Henrik - I thought that only applied to initial steps of a case, not a restart post set aside? 
I wouldnt take the risk. It takes 5 seconds to add their email address. 

Coupon-mad

I agree. 

I'd also put in the body of the email that, having had the CCJ set aside, at this stage the Defendant has had no opportunity to provide a witness statement and evidence regarding the actual matter of the parking charge.  The only witness statement so far was about the failure of the Claimant to serve the claim properly and is not the WS and evidence that you wish to rely upon at the main hearing when you will be defending the claim itself.

Therefore, you are attaching your defence. as ordered by the Judge, to begin the process of making your first statement of case relating to defending the actual parking charge claim, now that this matter is 'live'.  However, upon or before setting a hearing date, you ask that the Court issues further Directions to give you (in fact both parties) the opportunity to file and serve a Witness statement and evidence, as would normally be the case had there not been a CCJ.  

Dougsboy32

In my paragraph 2 & 3 I will point out the lack of any visible signage. I would also like to say that the way the PPC runs the site is essentially a dishonest cash cow, but am aware that such language is inflamatory. Is there a more diplomatic to say it? 

Le_Kirk

Dougsboy32 said:

In my paragraph 2 & 3 I will point out the lack of any visible signage. I would also like to say that the way the PPC runs the site is essentially a dishonest cash cow, but am aware that such language is inflammatory. Is there a more diplomatic to say it? 

Not in a defence!  What point would you be making that refutes what the POC states?  You could perhaps try "trap" as that might not be seen as inflammatory.  Don't be tempted to go into War & Peace, keep it short, legal and technical.

Dougsboy32

Good morning. I filed my defence as advised and submitted a WS with exhibits. Today I received a letter addressed to me from the County Court which confused me. The exact text is:

Notice of Proposed Allocation to the Small Claims Track
Important Notice: If you do not comply with this notice the court will make such order as appears to be appropriate. This could include striking out the claim or entering judgment.

TAKE NOTICE THAT
1. This is now a defended claim. A copy of the defence has already been sent to you by the defendant.

2. It appears that this case is suitable for allocation to the small claims track. If you believe that this track is not the appropriate track for the claim, you must complete box C1 on the Small Claims Directions Questionnaire (Form N180) and explain why.

3. You must by xxxx date complete the Small Claims Directions Questionnaire (Form N180) and file it with the court office and serve copies on all other parties.

The reason for my confusion of course is that I am the defendant. I am guessing that this is actually a copy of the letter sent to the claimant Euro Parking Services Ltd although there is no indication that this is the case. I have emailed the court for clarification of my required actions (if any)

Coupon-mad

This is all standard stuff explained in the NEWBIES thread and I have no idea who you managed to file and serve a WS and evidence to the CCBC at this early stage?

You do need to re-read 'IMPORTANT - KNOW WHAT HAPPENS WHEN' (the red heading in post #2 of the NEWBIES thread).  It not only tells you about his bog standard form but also, when you actually should file & serve a WS and evidence.

Dougsboy32

Following submission of N180 to both parties as requested I have heard from the solicitor who now wants to 'mediate in an attempt to settle this matter amicably, without the need for further Court intervention' which is a volte face from the aggressive position taken at the first hearing. Should I entertain them? I am inclined not to due to all the misery they have caused me. Also, I don't know the significance of this but - The Notice of Proposed Allocation to the Small Claims Track had a submission deadline of the 24th. The solicitor did not send their completed form to me until today - one day later. Does that not put them in breach?

henrik777

It's about winning, not revenge.

1 day is neither here nor there unless it was an unless order or a specific sanction was imposed for delay.

You don't wish to be penalised in costs for misbehaving (even if it's reciprocal).