CCJ looking for consent or set aside

Coupon-mad

Yes and yes.

Raf123411

Just got this letter today. 

Just to be clear now I just need to fill in the N180 form and send this to court and claimant?

Also can I file this with the court and claimant through the email? 

KeithP

Raf123411 said:

Just to be clear now I just need to fill in the N180 form and send this to court and claimant?

Also can I file this with the court and claimant through the email? 

Yes and yes.

Raf123411

Hi everyone,
First of all massive thank you to everyone who helped me so far. Feels like it's the last straight now with the final hearing after almost 1.5year since I started this case. 

Can I just ask a couple of questions:
1)Court asking for the defence to be sent to the claimant by post by the 30th of December. Is that normal practice? I already submitted the final defence and WS to court and excel. 

2) Do I have to submit everything again to the court as well? 

3)how often claimant fails to pay the trial fee? Excel doesn't seem to be the quickest in responding so hope it could make it even easier. 

I will send documents to excel by 1st class sign for to have proof of that being submitted. 

KeithP

Never ever send anything to a parking company or their solicitors using any service that requires a signature.

All that does is give the intended recipient the opportunity to not sign and hence refuse delivery.

All you have then is proof of non-delivery. Not quite what you want.

If you want to use Royal Mail, then send it by standard first class post obtaining a free Certificate of Posting from the Post Office counter. The item is deemed delivered two working days later.

Keep that Certificate of Posting as proof.

Raf123411

KeithP said:

Never ever send anything to a parking company or their solicitors using any service that requires a signature.

All that does is give the intended recipient the opportunity to not sign and hence refuse delivery.

All you have then is proof of non-delivery. Not quite what you want.

If you want to use Royal Mail, then send it by standard first class post obtaining a free Certificate of Posting from the Post Office counter. The item is deemed delivered two working days later.

Keep that Certificate of Posting as proof.

thanks for your prompt reply!
I only have to send the defence to the excel but not WS is that correct? 

Coupon-mad

Yes because you haven't got directions for the hearing yet.  They will state when to file and serve a WS and evidence.

Very unusual to see this from a court.  Really odd because MCOL and the CCBC system sends a copy of the defence to them automatically and it makes little sense that you are expected to double up on that.  After all, Excel decided to use the online MCOL system to file the claim!

Oh well, the court said so.  Therefore comply!

Raf123411

Coupon-mad said:

Yes because you haven't got directions for the hearing yet.  They will state when to file and serve a WS and evidence.

Very unusual to see this from a court.  Really odd because MCOL and the CCBC system sends a copy of the defence to them automatically and it makes little sense that you are expected to double up on that.  After all, Excel decided to use the online MCOL system to file the claim!

Oh well, the court said so.  Therefore comply!

I also received Notice of Trial Date stapled together with Notice of Allocation, but it's the same information as in the attached letter. 

I thought it's a bit odd as one of the conditions to set the case aside was to send the full defence. 

I'll sent the defence to the excel by the post and again to court with contact details. Just based on many posts here I was trying to don't double up files for the court but seems like that's what they expect. 

From your experience Is there is any chance for excel fail to pay the trial fee? 

Coupon-mad

Unlikely they won't pay the fee.  Assume they will.

OK so one of those orders will say both parties must exchange all the evidence/WS they rely on, not later than (date).  

Raf123411

Thanks for the help! 
Just received the documents from Excel regarding the claim. 
The only thing that made me worry is the comment on my defence of them not comply with the POFA and with keeper liability.

Please see attached letter from point 21. 
Is this is a usual Excel strategy?