BW Legal Letter, confused about what stage I'm at!

Johnersh

Jesus wept. That draft order is a mess. If you're seeking to kick out the case, you don't want terms that provide for the case to be continued with new defences etc. 

If the court did want to order that, it will. Best foot forward here, since the argument to set aside would appear to be strong. 

Perhaps something like this... 

UPON an application by the Defendant dated [date]
AND UPON the proceedings having been served at an address where the Defendant has never resided

IT IS ORDERED THAT:
1. The default judgment dated [date] be set aside pursuant to CPR 13.2
2. Pursuant to the Case Management powers of the Court under CPR 3.4(1) and the requirement for service of  proceedings under CPR 7.5(1) the Claimant's claim is struck out for want of service within 4 months of issue. 
3. The Claimant do pay the defendant's costs and consequential costs of the application. 

Johnersh

The statement can be much punchier. Tell your account of events regarding service, fine, but why not simply quote the relevant passage of the primary case you rely upon and say that you respectfully request the set aside as
1. Service was defective 
And
2. It follows that the claim was never served within 4 months of issue, such that the claim form has expired. 

Le_Kirk

...... and you won't get better advice than that above from @Johnersh

RidgebackPlanter

Haha @johnersh you make it sound so simple! I'll update it to the much clearer draft order suggestions, thanks so much! And yes, I thought it could be punchier. I'll look at it again. I was worried adding passages from the primary case(s) would water it down further...

@umkomaas I'm confused...I am the "defendant" so would defence not be the correct term? You think it makes me sound like I could be at fault?

Le_Kirk

RidgebackPlanter said:

@umkomaas I'm confused...I am the "defendant" so would defence not be the correct term? You think it makes me sound like I could be at fault?

What @Umkomaas is stating is that you keep writing defense and the UK spelling is defence!

RidgebackPlanter

Ohhhh @Le_Kirk yes it's formatted to US spelling, I'll change all of that in word before I send it. Thanks! 

Johnersh

It IS easy as a concept. So, make it easy to read!

* Tell them what you want
* Tell them why you want it
* Tell them if a superior court has considered the issue before
* Provide your statement to confirm what you say is true.

The thing with Marshall is that there are a number of cases dealt with together, so possibly best to refer to the paras that help.  Since everything is electronic, you could insert a hyperlink to it as a footnote.
Also consider inserting a table which sets out details of the dates you lived at which addresses. Makes it clear that some or all of those could have been last known, but not the address on the claim form. 

RidgebackPlanter

That's a great suggestion, the table and the footnote make it cleaner. Thanks!

QUESTIONS. 

1. I received official documentation from BLW just now in the post regarding the other to PCNs from the same car park, but 6 months and one year prior to the one linked to the CCJ. Should I bring these into the set aside WS? 

2. Is the "draft defence" the same as the Skeleton argument? It seems that I'll be repeating a lot of the WS in the draft defence...is that standard? 

Le_Kirk

A skeleton argument is not required for a simple hearing, it is an outline of the defence, witness statement and evidence to allow you to keep your place in the proceedings and help you navigate through all the paperwork!  More of an aide memoire.  A draft defence is required in case the judge asks if you have a real prospect of defending the original claim.  You can use the standard defence template and adapt paragraphs 2 & 3.

KeithP

RidgebackPlanter said:

2. Is the "draft defence" the same as the Skeleton argument? It seems that I'll be repeating a lot of the WS in the draft defence...is that standard? 

Your set aside Witness Statement is all about why the set aside should be granted.

Your 'draft defence' is to demonstrate at the set aside hearing that you would have a reasonable chance of defending the underlying claim should the set aside be granted and you be given that opportunity.

With that in mind, clearly you will not be repeating your set aside witness statement in your draft defence to the underlying claim.