Marriott and Parking Eye Vs Me " Help needed for app to Set aside judgment

Coupon-mad

And there is a sticky thread called 'TEMPLATE DEFENCE' which takes 30 minutes to edit in para 3 with some car park specific facts, if known.

Prettypetty1993

nosferatu1001 said:

Just sort the defence. 
Newbies thread has a currenty defence that takes you 30 min to sort.

Hi,  I am really worried now I have made a massive mistake with the draft order and how that will effect things.  if I leave it as it is I look stupid right?  that it will cost me ? 
Can I amend the draft order and send with my defence and evidence ? 
If so what should my draft order state?

nosferatu1001

Stop. It is a DRAFT ORDER.  A court can correct because, again, it is DRAFT. Stop worrying. 
I told you what to do
Defence - get it done
Evidence - what do you mnean by evidence? Evidence of what? If it is to with defending the claim then NO you do not send evidence in. If it is to do with the set aside then you should already have sent it in, because it supports the witness statement for set aside. 

1505grandad

"DRAFT ORDER 

IT IS ORDERED that: 

1. The default judgment dated xxxxx xxxxxx be set aside."

Hopefully the correct judgment date for set aside in the above has been/will be inserted because:-

"WITNESS STATEMENT

a. Set aside the default judgment dated 21.01.20 as it was defectively served using an old address

2.2. I understand that the claimant obtained a default judgment against me as the defendant on 14. 7.20 ."

nosferatu1001

Grandad - don';t talk abotu the draft order anymore, it has been filed already. It is, after all, a draft. 

Prettypetty1993

nosferatu1001 said:

Stop. It is a DRAFT ORDER.  A court can correct because, again, it is DRAFT. Stop worrying. 
I told you what to do
Defence - get it done
Evidence - what do you mnean by evidence? Evidence of what? If it is to with defending the claim then NO you do not send evidence in. If it is to do with the set aside then you should already have sent it in, because it supports the witness statement for set aside. 

Understood. I believe I am clearer, thank you so much. 
The "set aside hearing" and "defence of claim hearing" are two separate processes. 
I have in my mind conflated the two. 
My date for the hearing for set aside arrived this afternoon for the end of April. 
In the mean time , I shall prepare my defence of the claim including  evidence with the hope that the set aside is successful. Is this correct ? 
Thank you. 

nosferatu1001

Nope
A defence never has evidence attached
For the actual claim hearing you will need a defence, Witness Statement for the claim, and exhibits to support the WS. 
I would get a draft defence ready for the set aside so you have it if asked

Jenni_D

Prettypetty1993 said:

I moved home Aug 2019. The charge was made  17 Jan 2020. The judgment was filed and registered 14 July 2020. At no time did I get anything from PE and only found out by checking my credit file on 12 Feb 21.

Can you give us a bullet point order or events please so we (well I) can properly understand the timeline?

* Date moved house
* Date updated vehicles V5C (check the docref date on it)
* Date of parking event / PCN
* Date of default judgment
* Date of discovering the CCJ

If you moved house in Aug '19 and the PCN was issued in Jan '20, why did all communications go to your old house?

PS the dates in your witness statement are all over the place. How could you have filed a set aside application on 12.02.20 for a default judgment that was filed in July '20?

Prettypetty1993

Coupon-mad said:

And there is a sticky thread called 'TEMPLATE DEFENCE' which takes 30 minutes to edit in para 3 with some car park specific facts, if known.

Thanks C-M 
is that the one which says not for parking eye? Would it be possible to provide the link here for this. Not sure if I have covid brain but can’t locate it . Thanks 

Le_Kirk

Prettypetty1993 said:

Coupon-mad said:

And there is a sticky thread called 'TEMPLATE DEFENCE' which takes 30 minutes to edit in para 3 with some car park specific facts, if known.

Thanks C-M 
is that the one which says not for parking eye? Would it be possible to provide the link here for this. Not sure if I have covid brain but can’t locate it . Thanks 

Go to the first page of the forum and the defence template is one of the first five threads called announcement and backed with a pink/red frame.  You know where the front page of the forum is, because your thread will be on there.  The thread will open on the last page, so you will need to scroll/click back to page one.