CCJ in default by Excel Parking, now dealt with by Elms Legal

Tycho6

DRAFT ORDER

IN THE COUNTY COURT AT 

EXCEL PARKING SERVICES LIMITED (Claimant)

And

XXXX (Defendant)

District Judge

UPON reading the Defendant's application dated 8th March 2021 and the annexed Witness Statement of the Defendant dated 8th March 2021

IT IS ORDERED that:

1.  The default judgment dated XXXX be set aside.

2.  The claim is stuck out as an abuse of process. 

3. The Claimant to pay the Defendant’s costs of this application to the sum of £255.

In the event that the claim is not struck out:

1.  The default judgment dated 18th March 2020 be set aside.

2.  The Claimant to pay the Defendant’s costs of this application to the sum of £255.

3.  Unless the Claimant serves a copy of the Claim Form on the Defendant by 4 pm on _______________ 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 _______________.

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.

KeithP

Why does para 5 of your draft order effectively say that if the Claimant doesn't pursue the claim then para 2 has no effect?

Summarising... para 2 says the Claimant refunds £255, but para 5 says no need to do that it the Claimant discontinues.

I think more careful wording is needed.

1505grandad

"2.7. On 7th March 2021 I texted the current owner ............................  They replied and confirmed that post had been received, but had been marked “returned to sender”.

Is the date correct (in the future)

Tycho6

1505grandad said:

"2.7. On 7th March 2021 I texted the current owner ............................  They replied and confirmed that post had been received, but had been marked “returned to sender”.

Is the date correct (in the future)

It should be today.  Thank you for that!

KeithP

Whilst you are changing that sentence, I would change "I texted the current owner..." to "I sent a text to the current owner...".   

I suspect the past participle of the verb 'to text' will have many judges peering over the top of their spectacles.   

nosferatu1001

Why have you got a draft order with two indexes ? That's bound to confuse.  For example there are two para 2...

Tycho6

nosferatu1001 said:

Why have you got a draft order with two indexes ? That's bound to confuse.  For example there are two para 2...

Would it be best to do 2 separate ones?  One for if the set aside/strikeout succeeds and one for if just the set aside succeeds?

Coupon-mad

The claim is stuck out as an abuse of process. 

That won't happen unless your local court is Leeds/Bradford.

Tycho6

KeithP said:

Why does para 5 of your draft order effectively say that if the Claimant doesn't pursue the claim then para 2 has no effect?

Summarising... para 2 says the Claimant refunds £255, but para 5 says no need to do that it the Claimant discontinues.

I think more careful wording is needed.

Can I just do without para 5?

Tycho6

I'm struggling to find a proper link to the Excel v. Wilkinson case.  Does anyone have one please?