CCJ N244 Application to set aside judgement advice

Le_Kirk

Hey, good result, especially for costs.

Dougsboy32

As previously mentioned, the PPC and their solicitor submitted a raft of exhibits to back up their position which I had hoped the judge would not look at - but he did. In his summing up he advised that I might want to consider reaching an agreement with the PPC and not going back to court. 

henrik777

chrissage said:

As previously mentioned, the PPC and their solicitor submitted a raft of exhibits to back up their position which I had hoped the judge would not look at - but he did. In his summing up he advised that I might want to consider reaching an agreement with the PPC and not going back to court. 

That's the thing about 1 side of the story, you don't get the full picture.

25+ years ago local kid involved in a serious crash. Not long passed his test etc. Many comments were "didn't think he'd be a mental driver, guess he was driving too fast"

Then it transpired an American tourist was on the wrong side of the road round a blind bend. He had no chance. His face is still disfigured to this day.

Umkomaas

Nice start. 

Did the Judge give any instruction on whether the claimant should issue a new claim, and then for you to defend that once you have the particulars of that claim, or is the original claim and particulars still 'live' and for which you are now required to submit a defence?  Were you issued with any deadline to submit the defence?

Dougsboy32

Original claim and particulars still live. I have 14 days to submit my defence or negotiate with the claimant.

Johnersh

It's done now, but I do think the forumites need to go in harder. It's not a point to put in a witness statement passively, it needs the forumite to persuade the court. 

1. If the court is satisfied the claim was sent to an incorrect address, it follows that it was not served and the judgment is to be set aside.
2. If the claimant has not cross-applied to extend time for service or to permit service by alternative means AND 4 months has passed, the claim form has expired.
3. If the claim form has expired, it follows that it cannot simply be reinvigorated. If limitation has not expired, the claimant is not prejudiced, but needs to file fresh proceedings.

I genuinely believe that this is the only correct application of the rules, but it seems that most DJs aren't currently doing that. 

Coupon-mad

Sounds right, I take your point, @Johnersh.   Maybe we need to actor this argument in, as standard, for set aside WS.

And to the OP, carry on defending it, is our message.  Almost all are won and there is no risk.

After a set aside, many PPCs quietly discontinue the claim anyway, and the Judge who dealt with the set aside only saw one side of the submissions about the actual parking charge.  He would also have had regard to saving the court's tie and treated it as a mini Directions Hearing.  A lot of Judges think the aim of them is to suggest the Defendant settles.

henrik777

Johnersh said:

It's done now, but I do think the forumites need to go in harder. It's not a point to put in a witness statement passively, it needs the forumite to persuade the court. 

1. If the court is satisfied the claim was sent to an incorrect address, it follows that it was not served and the judgment is to be set aside.
2. If the claimant has not cross-applied to extend time for service or to permit service by alternative means AND 4 months has passed, the claim form has expired.
3. If the claim form has expired, it follows that it cannot simply be reinvigorated. If limitation has not expired, the claimant is not prejudiced, but needs to file fresh proceedings.

I genuinely believe that this is the only correct application of the rules, but it seems that most DJs aren't currently doing that. 

I wouldn't personally push the point unless they fall foul of the 6 year limitation period as i'd imagine you bring that up before discussing costs ,and it's apparently hard enough to get costs that many don't, without risking the wrath of a judge on a point that in most cases is a technical one which costs the claimant money and time but doesn't mean the claim is not possible to resurrect. Combined with CPR 1 I just don't see the point in doing it.

However, if the limitation is in play it's a very wise argument to put forward as it kills it dead.

Also, in the event a judge rattles through everything, and finds in your favour plus costs before you say much, it might be worth a polite enquiry as they'd look silly changing their mind just because you brought something up.

Dougsboy32

Coupon Mad - you say there is no risk to carry on defending my position but is there not still the risk of losing and incurring costs? At the moment I could negotiate and pay only a small amount?

Coupon-mad

No you couldn't.

Why on earth would you start making an offer re what you regard as an unfair PCN, that anyone here would have defended?

The claim is for about £260 for a typical single £100 PCN and even if you were one of the very few here who lose, the costs in play are capped: £25 filing fee, £25 hearing fee and a max £50 legal fees.  THEY WILL NOT GET THE £260 UNLESS YOU GET A BAD JUDGE.