CCJ without my knowledge

Coupon-mad

I found this quite odd as well. Is it possible, that they have already set my CCJ aside without telling me? 

They have told you, in that Order, after hearing from you in person, yes it was set aside!  So now you should hear about when the actual defence hearing is, and you should prepare a witness statement and evidence against the PCN.

Sebastian83

Coupon-mad said:

I found this quite odd as well. Is it possible, that they have already set my CCJ aside without telling me? 

They have told you, in that Order, after hearing from you in person, yes it was set aside!  So now you should hear about when the actual defence hearing is, and you should prepare a witness statement and evidence against the PCN.

Sorry, I just don't understand this whole process. It's so unnecessary complicated and makes no sense at all to me. 
Why do I have to file document after document since now 10 months, although I haven't done anything wrong and not Civil Enforcement that made a false claim against me? 
In probably every justice system in the world the side who makes a claim against someone has to prove it and not the other way around. 
How shall I bring evidence that I have NOT done something, especially something they claim I would have done in June 2019??? 

Also, how many more witness statements do I have to write? 
I've given a witness statement in my initial application, then another one in my defence last month and now I seriously have to write another one? 
And what shall I write in there what I haven't already said again and again? 
Neither me nor my wife have ever parked in this car park for longer than an hour, let alone for 2 days. Civil Enforcement couldn't provide any evidence for their claim as they "couldn't find ANPR photos in the archive". 
I really don't understand what evidence I could bring and why not Civil Enforcement has to bring evidence which have damaged my private life through this claim so severely. 

Le_Kirk

It is the same here, claimant has to prove their case BUT you do have to defend it which is why you sent a defence as ordered by the judge.  You have seen off the original thrust by the claimant and your CCJ has been set aside (hurrah - well done) and now you have to defend the underlying claim.  Once you have had your rant, put away your anger, wait for the notice of allocation and, in the meantime, pull together all the evidence, including what you wrote in the original WS and write, what will hopefully be your final, witness statement (WS).  Make sure it backs up and supports your defence as already filed.  When it comes to the hearing, don't forget to ask for costs - as a minimum repayment of your set-aside fee.

Coupon-mad

The Judge has to fairly weigh up the evidence from both sides, that’s how small claims work.  You can’t lose at the final simple hurdle of your story by attending the phone call hearing without a WS and evidence.

That is why we are here, to help you go everything right and see it off.

What you must say in your WS is what you told us, that you’ve never parked there for 2 days and never would.

You can then use as evidence, the BPA Article about ANPR that we always use in this scenario, that confirms that ANPR has an inherent flaw of defaulting to ‘first in, last out’ images over a 24 hour period.  The Judge won’t know that, which is why you produce that evidence to cast doubt on the images and say that the system has missed the two middle images and the Claimant has failed to carry out sufficient manual checks before issuing the unjustified PCN in error.

We have example WS for you to adapt, e.g, the one by @jrhys shows how it all looks.  Copy that style.

Have you got a hearing date yet?  That order will tell both parties your WS deadlines.

Sebastian83

Coupon-mad said:

Have you got a hearing date yet?  That order will tell both parties your WS deadlines.

I've now finally got a hearing date. I have no idea why it took another 6 months to get a date and another 4 months till I actually have the hearing, but here it is:

Jenni_D

No idea why you've redacted those 4pm times - they're standard for all submissions. 🙄 😉

Make sure you comply with all directions - you have 3+ months to do your WS and evidence and schedule of costs, which you must file (by email) with the court and serve (hopefully be email) on the claimant.

Re. your phone number - you do not need to email that to the claimant; this is one of the few things that you don't serve on the other party. (They have no need to know it).

Sebastian83

Jenni_D said:

No idea why you've redacted those 4pm times - they're standard for all submissions. 🙄 😉

Make sure you comply with all directions - you have 3+ months to do your WS and evidence and schedule of costs, which you must file (by email) with the court and serve (hopefully be email) on the claimant.

Re. your phone number - you do not need to email that to the claimant; this is one of the few things that you don't serve on the other party. (They have no need to know it).

Thank you!

I believe I have now on three different occasions sent a WS to the court. Last time also a schedule of costs. Evidence wise I have no idea how I should file evidence that I have NOT parked somewhere. Especially as the day in question is now 2.5 years back. I feel the Claimant should slowly start bringing evidence that I do have parked there which they can't. 

Le_Kirk

Sebastian83 said:

Jenni_D said:

No idea why you've redacted those 4pm times  <SNIP>

I believe I have now on three different occasions sent a WS to the court. Last time also a schedule of costs. Evidence wise I have no idea how I should file evidence that I have NOT parked somewhere. Especially as the day in question is now 2.5 years back. I feel the Claimant should slowly start bringing evidence that I do have parked there which they can't. 

You don't have to prove that you were not there; the burden of proof is on the claimant to prove that you DID park where they state in their particulars of claim!  However, if you were somewhere else, at work, at home, in another car park for which you purchased a ticket or somebody else parked your car, this is all good for you.

Coupon-mad

Have you really sent the court and the solicitors a WS and evidence already, as you didn't get to that stage until now? 

Please read the example I pointed you to read and learn what evidence people submit and double check what you did send.  Your defence was not your WS.

Sebastian83

That's what I had in the post today: