CCJ old address for PCN's Partner received-need set aside & removed from credit file ASAP

IrishAK

Johnersh said: I can't trace when the transfer of liability was meant to be. Needs to be in writing and prior to the claim form being issued. 

My fault I didn't upload the completed WS - bit that relates too-

2.1 The defendant was not the driver and was elsewhere at the time of the alleged offences on June 28th, 2019. Therefore, there was no contract created between the claimant and the defendant. With no contract, there can be no breach. The particulars of claim state that the keeper is liable for the alleged debt. The defendant, as the keeper, cannot be held liable and therefore the claimant is claiming against the wrong party and the claim should be dismissed.

2.2 This was confirmed by the driver when they called Britiannia Parking shortly after the PCN was issued in 2019.

2.3 The driver also confirmed liability when they gave their payment details to Britannia to pay for the PCN over the phone in June 2019.

2.4 Due to the driver not being the registered keeper of the vehicle (xxxxxxx) the payment was declined June 2019.

2.5 I, the defendant, transferred liability to the driver of my vehicle after receiving the PCN via notice on the bottom of the PCN on July 15th, 2019 approx.

2.6 After the only correspondence from myself to Britannia sent on July 15th, 2019 approx., given 2 days for posting this still leaves approx. 19 months and 15 days to find my correct address.

IrishAK

Update, I got a letter a few weeks ago confirming transfer to Southampton courts, 

however today I got this....

I am confused as at first I thought it had been set aside?
 but I have not been requested to do the Directions Questionnaire (N180) that he speaks of
I only submitted a draft defence and now says this is my defence? 

can someone please help me understand (lol that might be asking a bit much!) 

Coupon-mad

Ok so the CCJ has been set aside - yay!

That rewinds the claim to a stage where you are back to square one and your draft defence has been taken as your defence to the PCN claim. So now the case continues to be heard.

I can’t see mention of a Directions Questionnaire there but if a second page mentions it, then download one, like the Template Defence thread tells you to do, once past defence stage (as you now are). 

Complete and email it to the Clamant’s solicitor (if they used one) or the Claimant if they didn’t, and to the local court at Soton. 

And read page two as I hope DJ Grand has set out when your witness statement and evidence against the PCN itself, is to be filed and served.

Coupon-mad

Very good that DJ Grand has set aside the CCJ at the point of reading your application and without a hearing.  That’s very quick and the CCJ will be off your credit file by July.

Don’t forget to ask for your costs including the £255 set aside fee to be awarded against the claimant, when you get your final hearing.  But also don’t miss out your DQ, your WS and evidence for this hearing, and your costs schedule and giving the court your phone number all in good time, weeks before this hearing.

IrishAK

Coupon-mad said:

Ok so the CCJ has been set aside - yay!

omg omg omg  YAY!!  are you sure?
 
That's what I found odd that he has just decided, as I was preparing for the hearing and the questionnaire as I had read about on here.
and unsure on what grounds he made the decision. Is there any way to find that out? 

I can’t see mention of a Directions Questionnaire

(the first line it says considered the statements of the case and the Directions Questionnaire  either way I am happy, was just worried in case I had missed something 

And read page two as I hope DJ Grand has set out when your witness statement and evidence against the PCN itself, is to be filed and served.

Yes I can include the rest of the letter was worried about uploading in case it broke any rules ?

Coupon-mad said:

Very good that DJ Grand has set aside the CCJ at the point of reading your application and without a hearing.  That’s very quick and the CCJ will be off your credit file by July.

due to the excellent defence, you all helped me write and we know he has a disdain for these people. 

Thank you everyone for all the help and advice! 

Johnersh

@IrishAK it is difficult to be *less* ambiguous than the second paragraph of the order:

Judgment is set aside

You won't get complete comment unless you post complete documents. The subsequent page(s) presumably contain further detail.

Oh and given the set aside was made on the papers it's a fair bet it was set aside for the reasons you requested. Were you expecting something different? 

IrishAK

I was just confused by these next pages, as felt like a massive step had been missed, ie the hearing,
yet details were about the hearing 
this is p2, 

IrishAK

pg3- final page  

Johnersh

There we go....

OK. So follow the steps logically and you'll be fine.

Assuming you're OK with the remote hearing stuff, you now have your deadlines for witness statements etc.

It's not intended to catch you out, but if the situation is clear cut or unresisted (I've not scrolled back through) a hearing just isn't needed.

That does not mean, however, that you'll get an easy ride for the main event, so continue to prepare well. 

henrik777

Coupon-mad said:

Ok so the CCJ has been set aside - yay!

That rewinds the claim to a stage where you are back to square one and your draft defence has been taken as your defence to the PCN claim. So now the case continues to be heard.

I can’t see mention of a Directions Questionnaire there but if a second page mentions it, then download one, like the Template Defence thread tells you to do, once past defence stage (as you now are). 

Complete and email it to the Clamant’s solicitor (if they used one) or the Claimant if they didn’t, and to the local court at Soton. 

And read page two as I hope DJ Grand has set out when your witness statement and evidence against the PCN itself, is to be filed and served.

Paragraph 1. This claim is allocated to the small claims track.

No need for a DQ to the same thing.

Pity about costs. Hopefully they forget to pay the fee as then you'll be entitled to cost incurred. Pretty weird that....