CCJ

Coupon-mad

What do you think discontinues means, it's not a special legal word?

nosferatu1001

Reserve costs means - decide who gets what costs, if any, at the hearing of the claim itself (rremember, 2 hearings   - one for aside,  and if granted, one to hear the actual claim)
Obviously if they discontinue the claim, there is no second hearing. Claimants were doing this to avoid having to pay set aside costs, because parasite parking firms dont like to pay out when they've been caught
In that case, you get the costs paid to you automatically.

KLP22

Would it be okay to post my N244 application on here with dates and names/address redacted for your expert opinions on it  before i send it off? 

nosferatu1001

The actual N244 should be quite easy. 
The Witness STatement  you supply alongside is key, as it sets out facts.

KLP22

Witness statement

1.       I make this Witness Statement in support of the application for an order that the judgment in this case (Claim No. xxxxx Judgment dated xx/xx/xx) be set aside.

2.       I learnt of the existence of this claim on the xx/xx/xx when I checked my Credit File (exhibit A)

3.       On the xx/xx/xx I made a written request to the Claimant inviting them to consent to set aside the judgement due to the reasons in exhibit . A final email asking for consent was written on the xxxxxx (Exhibit C).

4.       The claimant did not acknowledge me ask to set aside by consent.

 

Default Judgement

1.       The claimant should provide evidence of why the original appeal was unsuccessful.

2.       The claimant should also provide evidence of why the defendant’s partner who was fined for the same offence had their appeal approved.

3.       The claimant received confirmation from the Hyatt Hayes Hotel to cancel the fines, as the defendant was a patron at the hotel.

4.       The measures taken are disproportionate. Schedule 4.7 points out the government action for protecting consumers from debt claims that have long lasting effects on people’s livelihood.

 Defence against the claim

1.       On the afternoon of xx/xx/xx, the defendant entered Hyatt Place West, Hayes car park.

2.       Defendants partner had made a booking at Hyatt Place West on Booking.com (Exhibit D).

3.       During this stay the Hyatt Place West staff told the defendant they did not need to pay for parking as they were only staying for a few hours and it wasn’t an overnight stay.

4.       On the xxxxx both the defendant and her partner received a Parking charge notice (Exhibit E).

5.       On the xxxxx the Defendant appealed the fine.

6.       On the xxxxx the Claimant wrote to the Defendant stated the claim was unsuccessful. However, on the xxxxx the Claimants partner received a letter confirming the Parking Charge was cancelled (Exhibit F).

7.       On the xxxxxx the Claimant wrote to the Hyatt Hayes Hotel (Exhibit G) asking for the matter to be resolved.

8.       On the xxxxx the Defendant received an email from the Hyatt Place Hotel stating an email was sent to ParkingEye to request them to proceed with the cancellation (Exhibit G).

9.       On the xxxxxx an email was received from the Hyatt Place Hotel which states “I have had a response from parking eye and they confirmed that they have cancelled the charges as per their records so please ignore all other correspondence sent to you” (Exhibit H).

10.   On the xxxxx the defendant emailed the Hyatt Place Hotel asking for a copy of the hotels correspondence with ParkingEye. On the xxxx the Defendant received the following email (Exhibit I).

11.   On the xxxxx the Defendant received a County Court Judgement for £197.

12.   On the xxxxx  the Defendant wrote to the Hyatt Place Hotel regarding the County Court Judgment. On the same date the Defendant received an email from the manager at Hyatt Place Hayes (Exhibit J). A forwarded response also states “This must have been a cross over as this has definitely been cancelled.” (Exhibit J).

13.   The Defendant asks for all costs to be paid or reserved to the hearing of the actual claim.

 I therefore respectfully request that the Court sets aside the judgment in this claim and allows 14 days for me to submit my defence.

Statement of Truth

I, XXXXXX, the Defendant, believe the facts stated within this Witness Statement to be true.

KLP22

Any changes/criticisms things I've missed out would be greatly appreciated. 

nosferatu1001

Your witness statement sets out why you should get a set aside and provides the facts
1 and 2 have zero to do with this. Nothing. 

You must rewrite this. A WS for set aside should support the grounds under which you are applying for a set aside - CPR13.2 or CPR13.3, or both, i cant recall -and you must have some reference to these CPRs, 
A WS is written in first person. A defnce is written in third person. 
You are not defending the claim at this point! You must understand this point as it is critical. This is obvious, surely? You are trying to get the judgment removed (setr aside) and the claim restarted, with you allowed to file a defence, WS and exhibitis that defend the claim. 
At this point there is no claim to defend, as judgment has happened. 

KLP22

Witness statement

1.       I make this Witness Statement in support of the application for an order that the judgment in this case (Claim No. xxxxx Judgment dated xx/xx/xx) be set aside.

2.       I learnt of the existence of this claim on the xx/xx/xx when I checked my Credit File (exhibit A)

3.       On the xx/xx/xx I made a written request to the Claimant inviting them to consent to set aside the judgement due to the reasons in exhibit . A final email asking for consent was written on the xxxxx (Exhibit C).

4.       The claimant did not acknowledge me ask to set aside by consent.

1.       On the afternoon of xx/xx/xx, I entered Hyatt Place West, Hayes car park.

2.       My partner had made a booking at Hyatt Place West on Booking.com (Exhibit D).

3.       During this stay the Hyatt Place West staff told me verbally I did not need to pay for parking as this was not an overnight stay.

4.       On the xxxxx my partner and I received a Parking charge notice (Exhibit E).

5.       On the xxxxx I appealed the fine via the online appeal website.

6.       On the xxxxx ParkingEye wrote via email to state the claim was unsuccessful. However, on the xxxx my partner received a letter confirming the Parking Charge was cancelled (Exhibit F).

7.       On the xxxxxx I wrote to the Hyatt Hayes Hotel (Exhibit G) asking for the matter to be resolved.

8.       On the xxxxx I received an email from the Hyatt Place Hotel stating an email was sent to ParkingEye to request them to proceed with the cancellation (Exhibit G).

9.       On the xxxxx I received email was received from the Hyatt Place Hotel which states “I have had a response from parking eye and they confirmed that they have cancelled the charges as per their records so please ignore all other correspondence sent to you” (Exhibit H).

10.   On the xxxx  I emailed the Hyatt Place Hotel asking for a copy of the hotels correspondence with ParkingEye. On the xxxxxx I received the following email (Exhibit I).

11.   On the xxxxxx  I received a County Court Judgement for £197.

12.   On the xxxxxxx I wrote to the Hyatt Place Hotel regarding the County Court Judgment. On the same date I received an email from the manager at Hyatt Place Hayes (Exhibit J). A forwarded response also states “This must have been a cross over as this has definitely been cancelled.” (Exhibit J).

13.   I did not knowingly ignore any correspondence. I feel that this judgement has been entered wrongly and that it should be set aside. I was acting in good faith as I was reassured multiple times by Hyatt Place Hayes that the Parking Charge had in fact been cancelled.

14.   I ask for all costs to be paid or reserved to the hearing of the actual claim.

 I therefore respectfully request that the Court sets aside the judgment in this claim and allows 14 days for me to submit my defence.

KLP22

I have corrected my WS.. any feedback will be greatly appreciated. 

Le_Kirk

You need to remove that smiley, it is a fault with the forum that if you type, for example Appendix you will get a smiley but if you type Appendix B ) with a gap between the B and bracket, it will be fine.  It should also be fine when you submit it to the court.
You also need a six-point draft order, which is submitted in Word so that the judge can use it to make the order.  Search the forum using the words six-point draft order.