CCJ

nosferatu1001

So which grounds does your WS support? CPR13.2 or CPR13.3, or both? 

KLP22

I thought it was more towards CPR 13.3.
Should I add this in as an extra point:
I had good reason to believe the parking charge was resolved on my behalf by the Hyatt Place Hayes and ParkingEye. 

KLP22

Le_Kirk said:

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.

DRAFT ORDER

_________________________________

Upon reading the defendant’s application dated 10/02/2021

It is ordered that:

1. The judgment dated xxxxx be set aside.

2. The Claimant pays the Defendant’s costs of this application on an indemnity basis.

3. Unless the Claimant serves a copy of the Claim Form to the Defendant by 4pm on XX/XXX/XX the claim will be struck out without further order.

4. If the Claimant serves the claim form as directed in paragraph 3 the Defendant shall file and serve a defence by 4pm XXXXXX

5. Should the court reserve costs in the case as an alternative to paragraph 2, such costs of this application will become payable if the claimant discontinues its claim.

nosferatu1001

Yes, but I didnt see anything specifically bringing in CPR13.3, because being deceived either by the Claimant or the Claimants Principal (have you sorted that yet? Who said to ignore) and being told to ignore anytyhing further is a good reason, as an unrepresented consumer is allowed to believe whats written. 

1505grandad

A heads-up  -  you have several "Judgments" which contain an erroneous middle "e". 

Le_Kirk

That's a five-point draft order, you need a six-point, something like this: -

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.

KLP22

I'm not sure if I have anything for bringing in CPR13.3..so perhaps this is just CPR 13.2.

A few questions:
1. I have emailed PE again requesting consent to set aside- in the interest of time I'm going to go with set aside with no consent.
2. I called Northampton County Court- this is the name that appears on my Experian report- I gave them the case number and they are saying the case is with Edmonton County Court..Should I address the N244 to the court on my record or to Edmonton cc?
3. Is there a way to submit the N244 and WS online? I can't seem to find this
4. A copy of the N244 and WS goes only to the court or do I have to send a copy to PE?
Thanks in advance 

nosferatu1001

Did you read either?
CPR13.2 deals solely with failure to serve. Except it was served, wasnt it?
CPR13.3 is all about any other good reason.
Did you give them a deadline to respond? 
Send it to an actual court, Edmonton if that is local to you.
Well yes - email them. 
You alwayss send to both court and claimant. 

KLP22

I did read them, seems I didn't grasp the difference between CPR13.2 and CPR13.3. 
I have given PE 5 days to respond- but in the interest of acting promptly I am thinking of sending this of before then?
My MP also replied and has contacted the hotel and PE on my behalf. 
I tried to confirm with Edmonton County Court that the case was with them- but I can't get a response, my credit report says it's with Northampton..but Northampton is saying it's not with them. 
When I email the forms/WS and evidence to PE- do I send it to the enforcement@parkingeye.co.uk?

Redx

some common mistakes I noticed

1) the WS had the wrong statement of truth in it, seeing as it changed to a much longer paragraph in april of last year

2) the CCBC in Northampton is not the county court, that building and workload is a completely different address in Northampton

if you are dealing with the CCBC in Northampton , its a government office, a business centre , not a county court

yes the claim was originated there, because nearly all claims are, the clue is Business Centre , BC , a single point of initial contact

so be it Edmonton or the CCBC or wherever , somebody somewhere has a record , but it will not be the County Court in Northampton if that is who you contacted, of that you can be sure (unless it happened to be your local court due to living in Northampton) - the fact that both locations are in Northampton is just Geography so you are mixing the two up in your replies or contacts, or both