CCJ looking for consent or set aside

Coupon-mad

This isn't good English and 'checked' doesn't take a capital initial:

2.1 Defendant was learnt of the existence of this claim on the evening of 10/11/2020 when Checked Credit Report.

Raf123411

Coupon-mad said:

This isn't good English and 'checked' doesn't take a capital initial:

2.1 Defendant was learnt of the existence of this claim on the evening of 10/11/2020 when Checked Credit Report.

Thank you for pointing that. English it`s not my first language, so really looking for any kind of feedback.

By saying this isn`t good english its overall abour the defence? or only aabout the point you mentioned?

Coupon-mad

2.1 Defendant learnt about the existence...

The above is better.  No need for 'was'.

You have some more errors too but do hang on and let other posters check it tomorrow.  I noticed:

You have typed 'of' in every date but that's spoken slang, not good written English.  e.g. have ''13th December'' not 13th OF December

You have 'established' three times, which is the past tense.  You want 'establish' all 3 times.

Here, do you mean you recently received the copy NTK as a result of a SAR?  Say so:

2.2   Having made a Subject Access Request recently, the Defendant received  the  a copy of the Notice to Keeper to learnt  but that letter statutory document is not compliant with the ‘keeper liability’ requirements set out in the Protection of Freedoms Act 2012, Schedule 4 ('the POFA'). 

2.2.2. In the Claimant's Notice to Keeper ('NTK')  letter to the Defendant  the Claimant states:

‘Please be warned: that if after the period of 28 days beginning with the day after the Issue date of this Notice, the amount of the unpaid Parking Charge specified in this Notice has not been paid in full and we do not know both the name of the driver and the current address for service for the driver, we will have the right to recover from you, the Keeper, any unpaid balance of the Parking Charge. This Notice will be deemed to have been received by you on the second working day after the Issue Date stated above unless the contract contrary is proved.

2.2.3  The alleged parking event  contravention took place on the 13th  of   December 2018.  PoFA 2012 (Schedule 4) paragraph 9 (5) defines the notice given period to be provided to the registered keeper:
‘The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended.’

2.2.4  Based on the PoFA  2012 (Schedule 4)  paragraph 9 (5) letter should be the NTK must have been served (delivered) by 27/12/2020 at the latest, for 'keeper liability' to be invoked.   With letter dated on the 27th of December 2018 (27/12/2018) and information in Notice to Keeper last sentence of paragraph 2.2.2 ‘This Notice will be deemed to have been received by you on the second working day after the Issue Date stated above unless the contract is proved ‘ there  The fact that the NTK was only produced on the very date that it had to be served (27th December 2018, a Thursday between Christmas and New Year) is evidence that this Claimant has failed to meet a the strict requirements of this legislation. to deliver Notice to Keeper within 14 days.  The soonest that this NTK could have been deemed 'served' even if it was sent by 1st class post on the very day it was produced, would have been Monday 31st December, which as a matter of fact and law, is too late to hold a registered keeper liable.

nosferatu1001

To make it clear, you need to understand the TWO parts of the civil procedure rules - CPR - that let you get a judgement set aside

13.2 - this is the automatic set aside, ie if you show this is true in your claim, the court MUST set aside; it's not in the gift of the judge to decide, it is decided for them. This section is about showing why the claimant failed to ensure the claim form was properly served. Served has a very specific legal meaning - for example if the letter gets through to you, even if you don't read it it has been served, and you are deemed to know about it. So you need to prove this.  Do so, and you're through. 

13.3 - this is "any other good reason" and is why a good defence is needed. It shows the court that if it went to a hearing, you've got a reasonable chance of winning, and so they should allow that defence to be tested. It is not an automatic right to set aside - but, with prep, we've not seen a set aside denied. 

What a set aside is about is showing why the court should waste more time on you. To all the court knows, before you applied for set aside you had simply ignored the court claim form AND the judgement letter, and so you're justifying why they should take the judgement away, and let the claim continue to a hearing. Come at it with that mindset - you're not defending but persuading. 

Raf123411

Coupon-mad said:

2.1 Defendant learnt about the existence...

The above is better.  No need for 'was'.

You have some more errors too but do hang on and let other posters check it tomorrow.  I noticed:

You have typed 'of' in every date but that's spoken slang, not good written English.  e.g. have ''13th December'' not 13th OF December

You have 'established' three times, which is the past tense.  You want 'establish' all 3 times.

Here, do you mean you recently received the copy NTK as a result of a SAR?  Say so:

2.2   Having made a Subject Access Request recently, the Defendant received  the  a copy of the Notice to Keeper to learnt  but that letter statutory document is not compliant with the ‘keeper liability’ requirements set out in the Protection of Freedoms Act 2012, Schedule 4 ('the POFA'). 

2.2.2. In the Claimant's Notice to Keeper ('NTK')  letter to the Defendant  the Claimant states:

‘Please be warned: that if after the period of 28 days beginning with the day after the Issue date of this Notice, the amount of the unpaid Parking Charge specified in this Notice has not been paid in full and we do not know both the name of the driver and the current address for service for the driver, we will have the right to recover from you, the Keeper, any unpaid balance of the Parking Charge. This Notice will be deemed to have been received by you on the second working day after the Issue Date stated above unless the contract contrary is proved.

2.2.3  The alleged parking event  contravention took place on the 13th  of   December 2018.  PoFA 2012 (Schedule 4) paragraph 9 (5) defines the notice given period to be provided to the registered keeper:
‘The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended.’

2.2.4  Based on the PoFA  2012 (Schedule 4)  paragraph 9 (5) letter should be the NTK must have been served (delivered) by 27/12/2020 at the latest, for 'keeper liability' to be invoked.   With letter dated on the 27th of December 2018 (27/12/2018) and information in Notice to Keeper last sentence of paragraph 2.2.2 ‘This Notice will be deemed to have been received by you on the second working day after the Issue Date stated above unless the contract is proved ‘ there  The fact that the NTK was only produced on the very date that it had to be served (27th December 2018, a Thursday between Christmas and New Year) is evidence that this Claimant has failed to meet a the strict requirements of this legislation. to deliver Notice to Keeper within 14 days.  The soonest that this NTK could have been deemed 'served' even if it was sent by 1st class post on the very day it was produced, would have been Monday 31st December, which as a matter of fact and law, is too late to hold a registered keeper liable.

Thank you so much for this I amended everything you mentioned! you are absolutely life saver! I`ll have someone else to have read and see if there are any more mistakes.

nosferatu1001 said:

To make it clear, you need to understand the TWO parts of the civil procedure rules - CPR - that let you get a judgement set aside

13.2 - this is the automatic set aside, ie if you show this is true in your claim, the court MUST set aside; it's not in the gift of the judge to decide, it is decided for them. This section is about showing why the claimant failed to ensure the claim form was properly served. Served has a very specific legal meaning - for example if the letter gets through to you, even if you don't read it it has been served, and you are deemed to know about it. So you need to prove this.  Do so, and you're through. 

13.3 - this is "any other good reason" and is why a good defence is needed. It shows the court that if it went to a hearing, you've got a reasonable chance of winning, and so they should allow that defence to be tested. It is not an automatic right to set aside - but, with prep, we've not seen a set aside denied. 

What a set aside is about is showing why the court should waste more time on you. To all the court knows, before you applied for set aside you had simply ignored the court claim form AND the judgement letter, and so you're justifying why they should take the judgement away, and let the claim continue to a hearing. Come at it with that mindset - you're not defending but persuading. 

on my inital claim to set aside i had good reason under 13.2 with moving house etc. so letter never been delivered even with address changes in December/January and court hearing in July. Thanks to everyone on this forum I also think there is strong point on 13.3 with chance to defence the claim.

I`ll send my defence to court by email, but is it acceptable to do the same with Excel? On their website they providing only email to legal team dealing with CCJ etc. so was planing to send email there.

KeithP

I`ll send my defence to court by email, but is it acceptable to do the same with Excel? On their website they providing only email to legal team dealing with CCJ etc. so was planing to send email there.

Just send the one email to two addressees. Send the email to the court and at the same time copy in Excel. That way it is clear to the court that the clamant has been sent the document - something Excel often deny.

Coupon-mad

I'm confused, is the set aside hearing in April or July this year?

Raf123411

Coupon-mad said:

I'm confused, is the set aside hearing in April or July this year?

Apologies  for confusion. Hearing to set aside will be in April 2021.
Hearing in July 2019 was the one that was done without my attendance.

Coupon-mad

There was no hearing, if you mean the CCJ.  No Judge heard anything.

nosferatu1001

OP yo umust be precise
What "letter" was not delivered? The court claim N1 form? WHat was the difference in dates between the oriignal NtK being sent? Was it recived at the correct address? WHen was the V5 changed, and were you there to be found? Did the claimant have good reason to not think the defendant was at the address they sent the claim form to?
You need to answr all of these to understand CPR13.2