Where to send a defence?

AbundantBudget

My set aside was successful and now I have to file the defence. I just wonder where to send (serve) it. To the local court where the case was transferred or to original Northampton court where the CCJ by default was obtained? Please, advise.

Redx

If the local court dealt with it then your set aside order should mention filing with them within a short time period of say 1 to 4 weeks

If the CCBC dealt with all of it , send it to them

AbundantBudget

Thanks, the hearing was on 23 Dec by phone, the judge gave me 28 days to file the defence. I obviously didn't receive any paperwork yet due to Christmas.

Redx

Then read the paperwork when it arrives and do not rely on assumptions by those of us that have not read it

Coupon-mad

Local court, addressed to the Judge.  You have no involvement with the CCBC now.

You know where the template defence is and hopefully you've read enough CCJ set aside threads to know to ALSO append a witness statement and all your evidence as well (not about not receiving the claim...that part is over).  Your evidence about why the PCN was unfair/signage was crap, etc.

bargepole

Coupon-mad said:

Local court, addressed to the Judge.  

I keep saying this, but it seems to fail to sink in.

You NEVER address anything to a Judge (unless specifically asked to do so), you address it to the Court, and the first available Judge will deal with it.

If you address a document to a particular Judge, especially a DDJ sitting part time, he may not sit at that Court again for another three months, and your document will then sit in his pigeonhole long past the deadline date.

Coupon-mad

Ah, that's true.  Mea culpa.

AbundantBudget

Redx said:

Then read the paperwork when it arrives and do not rely on assumptions by those of us that have not read it

Highly likely that I receive the paperwork after deadline as one week of four will be gone when Christmas is over.
bargepole said:

Coupon-mad said:

Local court, addressed to the Judge.  

I keep saying this, but it seems to fail to sink in.

You NEVER address anything to a Judge (unless specifically asked to do so), you address it to the Court, and the first available Judge will deal with it.

If you address a document to a particular Judge, especially a DDJ sitting part time, he may not sit at that Court again for another three months, and your document will then sit in his pigeonhole long past the deadline date.

Thank you. So, local court it is. I read somewhere at another forum that the evidence is not needed at this point only the defence itself, is it true?

Coupon-mad

No, not when you are dealing with a CCJ set aside situation, after you've had the CCJ set aside. 

That system is odd (skewed against Defendants, IMHO) and the local court will never give you the chance to send a WS and evidence.

Hence why I told you what to do about that already.

Redx

AbundantBudget said:

Redx said:

Then read the paperwork when it arrives and do not rely on assumptions by those of us that have not read it

Highly likely that I receive the paperwork after deadline as one week of four will be gone when Christmas is over.
bargepole said:

Coupon-mad said:

Local court, addressed to the Judge.  

I keep saying this, but it seems to fail to sink in.

You NEVER address anything to a Judge (unless specifically asked to do so), you address it to the Court, and the first available Judge will deal with it.

If you address a document to a particular Judge, especially a DDJ sitting part time, he may not sit at that Court again for another three months, and your document will then sit in his pigeonhole long past the deadline date.

Thank you. So, local court it is. I read somewhere at another forum that the evidence is not needed at this point only the defence itself, is it true?

As above by coupon mad

What you have read is correct , during the standard progression of a court claim over many months

What you have done is assume it's true for your CCJ unravelling , which is not the case because you have unravelled a CCJ back to the original court claim due to you obtaining a set aside ,so it all goes in at once , as coupon mad said , like a fast track where they want everything in say 4 weeks , not 4 to 8 months , it's more like in reverse order compared to the normal cases

Bargepole posted a timeline of events several years ago on here , linked in the newbies FAQ sticky thread , for normal claims where no default CCJ has happened and the slow progression rules. The CCBC don't want the exhibits or WS because they act as a central hub , allocating the paperwork to your local court. Then months later your local court tell you what to submit , with deadlines , the CCBC has withdrawn after passing on the baton (quite early on) so with quite a gap in between

So context is important

I would expect you to receive the court order fairly quickly and you should read it carefully and follow it closely , pedantically