Defence template adjusted for parking charges.

DBTHype

So how do I file the urgent application seeking a stay of enforcement/registration?? Sorry but please bare with me while I catch up as anything to do with law process is beyond my current knowledge.

Le_Kirk

Auntie Google gave me this: -

https://www.gov.uk/government/publications/form-n244-application-notice

Form N244: Make an application to a court ('application notice')
Use this 'application notice' to ask a court to set aside or vary a judgment, or suspend an enforcement process.

Coupon-mad

As I see it you've done the wrong thing. @Johnersh wasn't telling you to pay then set aside a CCJ. 

You were meant to be making an urgent application to set aside the ORDER, and showing the court their error.  I guess you still can, and word the draft order to ask for a refund of the money paid, should the court agree that this was their error.

Just because the same form (N244) is used for applications doesn't mean @Johnersh meant an application to SET ASIDE a CCJ.

DBTHype

Ok, so is it correct to fill out box 3. like this?

I will be attaching a draft of this order being as I can not fit all four points into the box provided.
Do I also need to add my reasons into that draft or is it fine to leave the reasons until writing the witness statement.

Coupon-mad

WITHOUT A HEARING.  Come on, you don't want a hearing for your application.  

You want the Judge to read what happened and see the email proof and re-list the case for a new hearing.

You also need a draft order saying what you want the Judge to Order next, and a short witness statement telling the Judge what happened and attaching the email proof and asking for your payment to be refunded and the previous order set aside due to the court's oversight.

DBTHype

I will make sure I put without a hearing. After reading a few threads I was under the impression all applications had to go through one.

I'm fine with writing out the witness statement, It's just the draft order. I'll work on it first thing in the morning and post it back on here when I think I have something more suitable. Thanks.

Coupon-mad

Johnersh said:

I'd file an urgent application if it was me, seeking
1. a stay of enforcement/registration pending the hearing of the application
2. A set aside of the order
3. Costs (against C if they were on notice that details had been provided) or to be reimbursed

My application would be supported by a witness statement appending the emails.

Ideally I'd get C to agree to a consent order first, but ppc law firms aren't staffed by lawyers so a helpful prompt response may not be forthcoming. 

Just repeating what @Johnersh said, albeit he didn't mention a Draft Order.

Le_Kirk

DBTHype said:

I will make sure I put without a hearing. After reading a few threads I was under the impression all applications had to go through one.
I'm fine with writing out the witness statement, It's just the draft order. I'll work on it first thing in the morning and post it back on here when I think I have something more suitable. Thanks.

If you search the forum for "six-point draft order" you should find some, albeit they will need adjusting for your particular needs but they will show you the style and format.  Draft orders are to be attached as Word documents so the judge can edit them.

DBTHype

Thanks. I was just about to post my draft but I will check before posting.

DBTHype

Is this better.