Surprise CCJ Wells Harbour Parking

Mstlb

henrik777 said:

Dear Muppets,

Ref xxxxx

I refer to the above case you brought against me. I note that the address for service differs from letters Ex1, ex2 etc

CPR 6.9(3) states  " Where a claimant has reason to believe that the address of the defendant referred to in entries 1, 2 or 3 in the table in paragraph (2) is an address at which the defendant no longer resides or carries on business, the claimant must take reasonable steps to ascertain the address of the defendant’s current residence or place of business (‘current address’)." 

In support of CPR 1 "The overriding objective", I invite you to consent to a set aside as you were never entitled to a default judgment as you had never validly served the claim form.

This error on your part might be ignorance as the papers were not studied or it might be a deliberate  manoeuvre to circumvent normal process, only you will truly know, however it is your mistake and as such i fully expect you to pay the £100 filing fee for the application.

Should no reply be forthcoming within 7 days of (xx/xx/xxxx), please take this as formal notice that an application will be sought and all associated costs will be asked for, not just the £255 application fee.

I look forward to your co-operation.



Something like that. Call after 3 days to prevent the "oh i'm sorry we never got it" shenanigans.

So I need to write to the parking company before submitting the N244?

henrik777

You should, yes.

1. It informs them.
2. If they consent it's cheaper and easier.
3. They can't say they would have consented to save cost had you asked increasing your cost liability.

Mstlb

henrik777 said:

Dear Muppets,

Ref xxxxx

I refer to the above case you brought against me. I note that the address for service differs from letters Ex1, ex2 etc

CPR 6.9(3) states  " Where a claimant has reason to believe that the address of the defendant referred to in entries 1, 2 or 3 in the table in paragraph (2) is an address at which the defendant no longer resides or carries on business, the claimant must take reasonable steps to ascertain the address of the defendant’s current residence or place of business (‘current address’)." 

In support of CPR 1 "The overriding objective", I invite you to consent to a set aside as you were never entitled to a default judgment as you had never validly served the claim form.

This error on your part might be ignorance as the papers were not studied or it might be a deliberate  manoeuvre to circumvent normal process, only you will truly know, however it is your mistake and as such i fully expect you to pay the £100 filing fee for the application.

Should no reply be forthcoming within 7 days of (xx/xx/xxxx), please take this as formal notice that an application will be sought and all associated costs will be asked for, not just the £255 application fee.

I look forward to your co-operation.



Something like that. Call after 3 days to prevent the "oh i'm sorry we never got it" shenanigans.

Do I need to send this to the parking company before filing the N244?

KeithP

Mstlb said:

henrik777 said:

Dear Muppets,

Ref xxxxx

I refer to the above case you brought against me. I note that the address for service differs from letters Ex1, ex2 etc

CPR 6.9(3) states  " Where a claimant has reason to believe that the address of the defendant referred to in entries 1, 2 or 3 in the table in paragraph (2) is an address at which the defendant no longer resides or carries on business, the claimant must take reasonable steps to ascertain the address of the defendant’s current residence or place of business (‘current address’)." 

In support of CPR 1 "The overriding objective", I invite you to consent to a set aside as you were never entitled to a default judgment as you had never validly served the claim form.

This error on your part might be ignorance as the papers were not studied or it might be a deliberate  manoeuvre to circumvent normal process, only you will truly know, however it is your mistake and as such i fully expect you to pay the £100 filing fee for the application.

Should no reply be forthcoming within 7 days of (xx/xx/xxxx), please take this as formal notice that an application will be sought and all associated costs will be asked for, not just the £255 application fee.

I look forward to your co-operation.



Something like that. Call after 3 days to prevent the "oh i'm sorry we never got it" shenanigans.

Do I need to send this to the parking company before filing the N244?

You asked that question on 16th April.
Please re-read the answer you received the next morning.

You obviously need to tailor it to suit your circumstances, e.g. dates, ex1, ex2 etc.

Coupon-mad

And you don't start 'Dear muppets' (I dread a newbie copying that...so many blindly copy anything).

henrik777

Coupon-mad said:

And you don't start 'Dear muppets' (I dread a newbie copying that...so many blindly copy anything).

Well i like to make it as obvious as possible it needs an edit 

Mstlb

KeithP said:

Mstlb said:

henrik777 said:

Dear Muppets,

Ref xxxxx

I refer to the above case you brought against me. I note that the address for service differs from letters Ex1, ex2 etc

CPR 6.9(3) states  " Where a claimant has reason to believe that the address of the defendant referred to in entries 1, 2 or 3 in the table in paragraph (2) is an address at which the defendant no longer resides or carries on business, the claimant must take reasonable steps to ascertain the address of the defendant’s current residence or place of business (‘current address’)." 

In support of CPR 1 "The overriding objective", I invite you to consent to a set aside as you were never entitled to a default judgment as you had never validly served the claim form.

This error on your part might be ignorance as the papers were not studied or it might be a deliberate  manoeuvre to circumvent normal process, only you will truly know, however it is your mistake and as such i fully expect you to pay the £100 filing fee for the application.

Should no reply be forthcoming within 7 days of (xx/xx/xxxx), please take this as formal notice that an application will be sought and all associated costs will be asked for, not just the £255 application fee.

I look forward to your co-operation.



Something like that. Call after 3 days to prevent the "oh i'm sorry we never got it" shenanigans.

Do I need to send this to the parking company before filing the N244?

You asked that question on 16th April.
Please re-read the answer you received the next morning.

You obviously need to tailor it to suit your circumstances, e.g. dates, ex1, ex2 etc.

Whoops. I’m having to read the response on my phone and didn’t realise it went onto a second page 😬 thought my post hadn’t submitted-rookie error!

Mstlb

henrik777 said:

Coupon-mad said:

And you don't start 'Dear muppets' (I dread a newbie copying that...so many blindly copy anything).

Well i like to make it as obvious as possible it needs an edit 

It would be funny though! But don’t worry I won’t!

Mstlb

Letter sent off to the Debt Recovery Company.  I'm now ploughing through the N244  can anyone help with the following:
What level of judge does the hearing need?
What is a witness statement?
What is the statement of the case?
I've found some templates on here but they don't seem relevant to my case...

Thank you!

Coupon-mad

If this is a set aside please just read the NEWBIES thread section about CCJ set asidesfirst.

Asking us 'what is a witness statement?' is unfair on the busy regulars (sorry but we can't do this basic stuff on every thread) and shows no reading of any other set aside threads has been done yet.  We'll be able to help when you've spent the weekend reading at least a dozen set aside threads and the NEWBIES thread section and when you know what a WS is and what's needed. 

It is seen on EVERY set aside thread and everyone is like you and has never done it before.  They all do it, after reading the NEWBIES thread about CCJ set aside.