Set aside CCJ with parking session paid

Luvara

nosferatu1001 said:

How long between the time you LAST communicated with them and the time they issued the claim? Days? Weeks? Months?

It was 56 days between the last communication and the date of the Judgment. From those days, I stayed 18 at that address and did not receive any other communication from them during that time.

nosferatu1001 said:
 You just have to explain that they issued a claim at your old address - so this is not a case of you ignoring a claim form - and you have a good reason to set aside in that you have a good defence (look, see that template defence on the newbies thread? guess what! ) 

This is my point, and makes a bit more clear now that I should focus my Statement of Witness on setting it aside as per CPR13.3 due to myself having paid the parking session. 

nosferatu1001

You also didnt put in forwarding. That is a bad idea in general
They essentially filed 3 or so weeks after you last spoke to them, default could be then obtained from 19 days after that 

No, NOT JUST having paid! You have been given a template defence. Change only section 2 and 3 as teh template instructions tell you, with teh template. You do not "focus on" a single element of a defence. Ever. You include all legal arguments. 
But as I pointed out you must explain why you didnot respond to the claim form
A set aside is persuading the court to potentially waste time on you. All they know right now is you ignored a claim form, and now youre asking them to spend time setting aside a, to them, absolutely OK default judgement. 

Luvara

Yes I have the template defence and I'm adapting it to my case, but isn't this for when it comes to file my defence? Or should I also include it with the paperwork for the set aside?

Because I changed all my documents and accounts etc to the new address I did not think about setting up forwarding, I know now it was a bad idea...

I was thinking of submitting the paperwork today that is been just 13 days since I got the details of the claim so it can show that I am acting promptly, any advice on this?

Le_Kirk

If this is a set-aside without consent (£255 fee) you really need a six-point draft order.  Search the forum, there are plenty of examples.  Also read some replies by @henrik777.

Ferrybird

You could head the template "draft defence" and submit this with your witness statement and set aside application. This will then help show the court that you have a chance of successfully defending the underlying claim as per  the relevant CPR. This is what I did with my claim after advice from here- have a look at my thread.

Coupon-mad

Why are you not simply following the two fully-worked set aside witness statement and Draft Order examples in the NEWBIES thread in the set aside section?

Luvara

Coupon-mad said:

Why are you not simply following the two fully-worked set aside witness statement and Draft Order examples in the NEWBIES thread in the set aside section?

I based my WS (post 2) on the template on the newbies section. I have since then amended it a bit with the advice given on the thread.

Le_Kirk said:

If this is a set-aside without consent (£255 fee) you really need a six-point draft order.  Search the forum, there are plenty of examples.  Also read some replies by @henrik777.

Thanks, I found a template so the draft order may look like this:

DRAFT ORDER

IN THE COUNTY COURT AT

XXXXXX XXXXX LIMITED (Claimant)

And

(Defendant)

District Judge

UPON reading the Defendant's application dated

and the annexed witness statement of

dated

IT IS ORDERED that:

1. The default judgment dated [date]

be set aside.

2. Costs to be reserved.

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.

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


Do you guys reckon this is ok?

Le_Kirk

Yep, if it came from a thread you were pointed at.  It does need to be Word (or at least an editable format) as you are trying to save the judge some time.

Luvara

nosferatu1001 said:

No, NOT JUST having paid! You have been given a template defence. Change only section 2 and 3 as teh template instructions tell you, with teh template. You do not "focus on" a single element of a defence. Ever. You include all legal arguments. 
But as I pointed out you must explain why you didnot respond to the claim form

I have adapted points 2 & 3 on the defence template as follows:

The facts as known to the Defendant:

2. It is admitted that the Defendant was the registered keeper of the vehicle in question but liability is denied. It is also admitted that the Defendant was the driver on the day of the alleged contravention.

3. On the 28/02/20 the Defendant attended the University of Hertfordshire as a guest lecturer. The Defendant paid for a 6 hour parking session with a £3.50 fee at 9:49AM for for the vehicle XXXX.

The Defendant was totally unaware and had no reasonable cause to believe that a PCN had been issued to the vehicle quoted above as the parking fee had been paid. In order to pay the parking fee, the Defendant made use of the mobile app RingGo which was advertised on the parking lot as a method of payment quoting the location shown on the parking sign.

nosferatu1001 said:

But as I pointed out you must explain why you didnot respond to the claim form

This I have to better explain on the WS, but should I also explain it on the defence?

nosferatu1001

No, of course you dont. A defence is about the underlying claim. The WS for a set aside is setting out the facts of why you should get a set aside, and why you didnt respond to the claim form is, of course, a fact