CEL CCJ Set Aside - Support Please!

redredelise

SayNoToPCN said:

Defence looks good
Not going to have chance to review WS tonight, sorry

I'm very very grateful you are able to look at any of it!
Thank you 👍🏽🙂

Coupon-mad

The numbering of the WS is hard to follow.  Better to change it to 1, 2, 3, etc. for each paragraph.  I would add this:

Considering all of the above, I was unable to defend this claim properly. I believe that the Default Judgment against me was issued incorrectly and thus must be set aside, pursuant to CPR 13.2.  In the alternative, it should set aside pursuant to CPR 13.3.

Defence looks fine if that is the added 'facts' section, using the template defence as the entire thing.

redredelise

Coupon-mad said:

The numbering of the WS is hard to follow.  Better to change it to 1, 2, 3, etc. for each paragraph.  I would add this:

Considering all of the above, I was unable to defend this claim properly. I believe that the Default Judgment against me was issued incorrectly and thus must be set aside, pursuant to CPR 13.2.  In the alternative, it should set aside pursuant to CPR 13.3.

Defence looks fine if that is the added 'facts' section, using the template defence as the entire thing.

I will re-number and add the above paragraph. And yes, the defence is just the facts section with your template as the rest of it.

You're great! Thank you! 👏🏼

henrik777

I contest this charge for the reasons outlined in the attached Draft Defence.


That's pretty much your 1st paragraph. Problem is your first argument is service. Having a defence "the defendant has a real prospect of successfully defending the claim" falls under your SECONDARY submission.

Your PRIMARY submission is service. Deal with that first. Make service arguments first. Don't add in stuff about the underlying parking matter until the SECONDARY submission.

redredelise

henrik777 said:

I contest this charge for the reasons outlined in the attached Draft Defence.


That's pretty much your 1st paragraph. Problem is your first argument is service. Having a defence "the defendant has a real prospect of successfully defending the claim" falls under your SECONDARY submission.

Your PRIMARY submission is service. Deal with that first. Make service arguments first. Don't add in stuff about the underlying parking matter until the SECONDARY submission.

Thanks for this, but it has left me a little confused. Are you referring to the Witness Statement I posted on Page 5?
I think the 'primary/secondary submission' terms are throwing me!

henrik777

redredelise said:

henrik777 said:

I contest this charge for the reasons outlined in the attached Draft Defence.


That's pretty much your 1st paragraph. Problem is your first argument is service. Having a defence "the defendant has a real prospect of successfully defending the claim" falls under your SECONDARY submission.

Your PRIMARY submission is service. Deal with that first. Make service arguments first. Don't add in stuff about the underlying parking matter until the SECONDARY submission.

Thanks for this, but it has left me a little confused. Are you referring to the Witness Statement I posted on Page 5?
I think the 'primary/secondary submission' terms are throwing me!

Yes. I used to quote things but the new quote function is gash.

Submission 1 (primary)

Set aside the default as service was defective.  http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part13#13.2




Submission 2 (secondary) (if submission 1 fails [obviously if submission 1 is accepted submission 2 is no longer required])

Set aside the default as i there is real prospect/good reason. http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part13#13.3





If you read the 2 rules you will see the difference in requirements for both and why i say you don't want say you contest the charge at the start as it doesn't matter whether you want to contest it under cpr 13.2.



Submission 1 would very roughly be ...

Service was defective because ...     as a result the claimant wasn't entitled to default judgment and the court must set aside.

SayNoToPCN

As above
Your first reason to set aside is service. So, logically, you deal with that first in your WS. 
The reason thisd is your first reason fro set aside is, if the court agrees service never took place, the court must set aside the judgment. No ifs or buts. Must. ALSO it is the surest way to get your costs paid there and then - if the claimant failed to ensure service, they are on the hook for your costs! It was all entirely in their control, and the court requires them to confirm, when tthey file the claim, that the address is good. They are liable as they did not do the checks necessary to confirm it was good

Le_Kirk

Your defence would be shorter and punchier if you combined your paragraphs 2, 3 & 4 into one, as you have repeated the same point a couple of times.

redredelise

Great. All understood.
Going to do some more edits now and repost for approval!  👍🏽🙂

redredelise

Here is edited Witness Statement - just the section I have tweaked, the rest remains the same            


SET ASIDE THE DEFAULT JUDGMENT

 

1. I was the registered keeper of the vehicle at the time of the alleged parking event.

 

2. I understand that the Claimant obtained a Default Judgment against me as the Defendant on 19/06/2019. I am aware that the Claimant is Civil Enforcement Limited, and that the assumed claim is in respect of an unpaid Parking Charge Notice from 14/08/2018 at the car park for xxxxxxxxxx. Service was defective because this Claim was served at a previous address xxxxxxxxx) where I have not lived since April 2017 and not at my then current address xxxxxxxxxxxxx as a result the claimant wasn't entitled to default judgment and the court must set aside.

 

3. I was on the electoral roll at the current address at the time of the judgment. Confirmation of my address at this time are in the form of a solicitor’s letter, NHS letter, pension letter, and bank statement, all from around the date the PCN was issued. See Exhibit A.

This looks better I think!