CCJ N244 Application to set aside judgement advice

Dougsboy32

I have copied the 2020 defence and altered section 3 as follows. It looks a little thin to me but assume that the WS should have all the detail plus photos etc rather than here in the Defence? Please advise. Thank you.

3.            The location of the alleged offence is a small narrow business park with some half a dozen outlets including xxx,xxx,xxx,xxx and a garage at the end. As such it is a remarkably busy place, particularly with local tradesmen who invariably attend in large panel vans. 

On (date xxxx) I visited the business park and saw no signage on entry to the effect that this was a controlled area, nor did I notice anything remarkable about surface markings. Driving in it became clear that every single parking space was taken, most of them by large panel vans so I drove to the end where the garage is located to turning around and leave, as reversing out was not a viable option. In my rear view mirror I saw a van vacating a space, so immediately reversed into that bay, which was in itself unremarkable. I exited the car and walked into one of the stores, the façade of which also bore no signage that this was a controlled area. Once I had completed my purchase I returned to the car and left. I saw no signage other than a large round 5mph indicator to the right of the bay in which I was parked.

Fourteen months later in (date xxxx) I received a notification from Experian that my credit rating had changed. Investigation lead me to the CCBC where I discovered that a CCJ had been awarded against me for a parking infringement at the above mentioned site. It was claimed that I had parked in breach of the displayed parking terms thus incurring a PCN which I had agreed to pay, but had failed to do so despite demands being made. All of this was news to me. To this day I have only ever received one letter from the Claimant which was an acknowledgement of address that came in October 2020, long after the CCJ was granted.

I contacted the court and filed an N244 Request to Set Aside the judgement on the grounds that I had never received any letters or other communique from the Claimant, which was granted.

Dougsboy32

Thats' what I thought, but Umkomaas seems to be suggesting otherwise, hence the question. 

KeithP

chrissage said:

I have copied the 2020 defence and altered section 3 as follows. It looks a little thin to me but assume that the WS should have all the detail plus photos etc rather than here in the Defence? Please advise. Thank you.

You are right - evidence comes later - at Witness Statement time.

I would suggest that your proposed text is excessively long. Most of that stuff should be in your Witness Statement. A Defence is for legal arguments.
Have you read any other Defences on here?

Also, Defences are always written in the third person. There is no place in a Defence for the word 'I'.

Every paragraph needs a number.

nosferatu1001

chrissage said:

Thats' what I thought, but Umkomaas seems to be suggesting otherwise, hence the question. 

They absolutely did not suggest otherwise, and I explained why!
they said produce with your WS. As in, at the same time as.

Umkomaas

chrissage said:

Thats' what I thought, but Umkomaas seems to be suggesting otherwise, hence the question. 

Nope, that is most certainly not what I said.  Please read advice carefully, especially when you've already been corrected on your wrong assumption. Here it is as a reminder. 

Have got a time stamped photo of the new sign?  What about a short vid starting at the original point where the ankle high sign was up to and including the new siting. Have that up your sleeve and produce with any witness statement you need to make.  

Dougsboy32

Paragraphs 2 and 3 edited as follows.
2. It is admitted that the Defendant was the registered keeper and driver of the vehicle in question but liability is denied. 

3. On December xxxx the Defendant entered the car park for some routine shopping and saw no signage on entry to the effect that this was a controlled area, nor did the Defendant notice anything remarkable about surface markings. Once his purchase was completed the Defendant left the car park. Fourteen months later the Defendant discovered that a CCJ had been awarded against him for an alleged parking infringement.

Is this really all I need here?

nosferatu1001

What typ0e of car park? Pay on entry? exit? display? Multi storey? Sing,le level with paving? 
Set a scene so the judg ecan picture where you were

Dougsboy32

This is a small business/retail park on street level. No pay and display. Same way in as out. Flat tarmac running to grass border with marked bays. One sign on entry says "Welcome 3 hours Free Parking"

nosferatu1001

...which goes in the defence, but as a singlke simple sentence. 
Bays marked in paint? 

Dougsboy32

yes white paint, other than the disabled bay in yellow