CCJ looking for consent or set aside

Raf123411

Sorry Ignore the first part i had created 2 witness statments with one of them being more complex so planing to sending the 2nd one.

Thanks my Draft order:

DRAFT ORDER

UPON reading the Defendant's application dated xxxx of xxxxx and the annexed witness statement of xxxxxx dated xxxxxxxx

IT IS ORDERED that:

1. The default judgment dated 3rd of June be set aside.

2. The Claimant to pay the Defendant’s costs of this application to the sum of £255

3. Unless the Claimant serves a copy of the Claim Form on the Defendant by 4 pm on [date] paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £255 and the claim shall be struck out.

4. If the Claimant serves the claim form as directed in paragraph 3 the Defendant shall file and serve a defence by 4pm on [date].

5. Should the Claimant discontinue the Claim after the CCJ is set aside, paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £255 plus the Defendant's costs for attending the hearing in any event.

6. That all enforcement be put on hold pending the outcome of the application.

 

So date for defended and claimant left blank for court to fill in?

Le_Kirk

Raf123411 said:

So date for defended and claimant left blank for court to fill in?

That is correct.

KeithP

Also I`m the only register keeper of the vehicle so dispute for Excel to prove who was the driver of the vehicle will be very difficult?

Most, if not all, vehicles have only one Registered Keeper.
What are you trying to say here?

Coupon-mad

Penalty Charge Notice.

No, it is NOT a Penalty.

nosferatu1001

How will they PROVE, as opposed to guess, who the driver is?

henrik777

Not only do you have 2 x 2.6 you have jumped in without understanding what you have read and copied.(or glossed over because you can't make the argument)

(3) Where a claimant has reason to believe that the address of the defendant referred to in entries 1, 2 or 3 in the table in paragraph (2) is an address at which the defendant no longer resides or carries on business, the claimant must take reasonable steps to ascertain the address of the defendant’s current residence or place of business (‘current address’).

"Reason to believe" is very important. However, i'm not seeing you say to the court, the reason the claimant (respondent)  should have taken more action to find is because ...........

Because you moved won't cut it. (It might cut it if you want the court to use it's discretion under 13.3)

Because there was a significant time between events might cut it.

Because they had used different addresses trying to contact me should cut it.

ETC

It's your case. You need to make it to the court in order to win.

Raf123411

KeithP said:

Also I`m the only register keeper of the vehicle so dispute for Excel to prove who was the driver of the vehicle will be very difficult?

Most, if not all, vehicles have only one Registered Keeper.
What are you trying to say here?

@KeithP Sorry I`m not sure if i got this completely wrong. I read quite few posts where people use this defence against Excel in the court that they Excel cannot provide evidence to prove the driver of the vehicle they claim was involved in the incident.

Coupon-mad said:

Penalty Charge Notice.

No, it is NOT a Penalty.

@Coupon-mad Thanks for pointing this out. Rest of the point for the defence to be ready for the first hearing seems correct?

henrik777 said:

Not only do you have 2 x 2.6 you have jumped in without understanding what you have read and copied.(or glossed over because you can't make the argument)

(3) Where a claimant has reason to believe that the address of the defendant referred to in entries 1, 2 or 3 in the table in paragraph (2) is an address at which the defendant no longer resides or carries on business, the claimant must take reasonable steps to ascertain the address of the defendant’s current residence or place of business (‘current address’).

"Reason to believe" is very important. However, i'm not seeing you say to the court, the reason the claimant (respondent)  should have taken more action to find is because ...........

Because you moved won't cut it. (It might cut it if you want the court to use it's discretion under 13.3)

Because there was a significant time between events might cut it.

Because they had used different addresses trying to contact me should cut it.

ETC

It's your case. You need to make it to the court in order to win.

Thanks @henrik777 I really appreciate your input as it`s first time I have to deal with a case like this.
Please correct me if I`m wrong.
So because I was never informed about  my case it could go under 13.2, as without disclosing the case details I don't have any good defence of my case.
I think with my witness statement I  went too far trying to add too much from different posts assuming 'more will be better'.
I Re-do whole WS:

WITNESS STATEMENT
IN THE COUNTY COURT AT: XXXXX
CLAIM No: XXXXXXX
BETWEEN:
Excel Parking Solution (Claimant)
-- and --
XXXXXXXX (Defendant)
______________________________________________
WITNESS STATEMENT
______________________________________________
1. I am XXXXX and I am the defendant in this matter. This is my supporting statement to my application dated 19/11/2020 requesting to:
a. Set aside the default judgment dated 03 July 2019 as it was not properly served at my current address
b. Order for the claimant to pay the defendant £255 as reimbursement for the set aside fee.
c. Order for the original claim to be set aside.

2. Default Judgment

2.1 I understand that the claimant obtained a default judgment against me as the defendant on 3rd July 2019. However, this default judgment has not been served at my current address. Therefore, I was not aware of the County Court Judgment until I received notification of a change in my credit rating score on the 10th November 2020.

2.2 I learnt of the existence of this claim on the evening of 10/11/2020 when I Checked my Credit Report. On 11/11/2020 I requested a report from Trust online to find out the details of the case. Once I received the case number, I contacted CCBC to find out the details of the claimant.

2.3 On 11/11/2020 I made a written request to the Claimant inviting them to consent to set aside the judgment. I follow my request in writing on 16/11/2020 and 17/11/2020 stating the urgency of the case. I am aware we have a duty under CPR 1 dealing with a case justly and at proportionate cost includes, saving expenses especially when dealing with a not very complex and high importance case.

2.4 The Claimant did not respond to my request within 8 days from my initial request in writing.

2.5 I understand that the judgment was served at an OLD ADDRESS (XXXXXXXXX). However, I moved to a new address in December 2019 with my tenancy at the old address ending at the end of January 2020. In support of this I can provide a mortgage deed, council tax bill and utility contract for my new property. SEE EVIDENCE A

2.6 I amended the address on my V5C on the beginning of January receiving a document with updated address on 07/02/2020. This serves as further evidence that I acted in good faith and have not attempted to avoid any debt or contact. SEE EVIDENCE B.


2.7 I have not ever received any previous documentation from the Claimant in this matter and I thus was never able to properly challenge the Claimant’s claim.

2.8 I suggest the claimant did not make reasonable enquiries as to my current address before pursuing the court order especially considering there was a significant time between the events. Furthermore, considering they received no response from me to their correspondence I believe the Claimant had reasonable cause to question whether they were using an accurate address

2.9 On the basis provided above I would suggest that the Claimant did not fulfil their duty to use the Defendant’s current address when bringing the claim.

3.0 Draft defence

I will draft defence when attending a hearing at the court as I have not ever received any previous documentation from the Claimant about this matter so await full disclosure of the case from Excel Solution that I have requested via a Subject Access Request. (Please see evidence C)



I`m aware it could sound pretty simple, but I`m trying my best getting this all together. I`m very grateful for all the feedback, so please let me know if anything is not looking right for you.

1505grandad

Excel Parking Solution  -  who are they?

Raf123411

1505grandad said:

Excel Parking Solution  -  who are they?

Sorry it should be EXCEL PARKING SERVICES LTD I haven’t changed  the top of the letter
http://excelparkingservices.co.uk/

Raf123411

I called Excel yesterday to find out that all cases related to CCJ will take between 14 to 28 days to get back to me, so I`ll send all documents tomorrow.

During call yesterday Excel directed me to thir solicitor - ELMS, but after contacting them they said they only dealing with debt recovery and cannot decide about setting case aside by consent.
Anything I should make them aware I`ll be sending case to court so they not trying to recover the debt?