Excel - Set aside WON & CASE WON - Excel defeated AGAIN!

milkybk

Morning all - So Excel haven't got back to me about the SAR or my request to set aside. Therefore I am going to be applying for my N244 as planned today. I was hoping you could all cast your eyes over what I've prepared below and let me know if you think anything needs changing/adding before I send it off.

Reading through the many helpful threads on here it appears I should also have a supporting statement, however this may be the same as the witness statement. If I require one please let me know and I will draft it this afternoon.

Thank you for your continued support.

6 point order:

N THE XXXXXXXXXXXXXXXXX COUNTY COURT

Claim No. XXXXXXXX

BETWEEN:

CLAIMANT’S NAME

Claimant
– and –
Defendant

YOUR NAME
_________________________________

DRAFT ORDER
_________________________________


Upon reading the defendant’s application dated ……………….

It is ordered that:

1. The judgment dated [insert date of judgment] be set aside.

2. The Claimant to pay the Defendant’s costs of this application on an indemnity basis.

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

5. All enforcement be put on hold pending the outcome of the application.

6. Should the court reserve costs in the case as an alternative to paragraph 2, such costs of this application will become payable if the claimant discontinues it's claim.

Witness Statement

N THE XXXXXXXXXXXXXXXXX COUNTY COURT

Claim No. XXXXXXXX

BETWEEN:

CLAIMANT’S NAME

Claimant
– and –
Defendant

YOUR NAME
_________________________________

WITNESS STATEMENT OF YOUR NAME
_________________________________

I , YOUR NAME of YOUR ADDRESS , being the Defendant in this case will state as follows;

1. I make this Witness Statement in support of the application for an order that the judgment in this case (Claim No. XXXXXXXXXXX Judgment dated 03/09/2020) be set aside.

2. I learnt of the existence of this claim on the 29th of June 2021 when I received a letter from an Enforcement Agent (DCBL) requesting payment of the judgment detailed in paragraph 1. [EXHIBIT A]

3. My address changed in DATE and a redirection service was in place from DATE to DATE / I informed the Creditor that I had moved house in writing/telephone on DATE. // I was admitted to hospital on DATE until DATE and had no knowledge of the claim until DATE// I was out of the country on business // [EXHIBIT B]

4. Any further information about why you did not defend/acknowledge originally

5: On DATE I made a written/telephone request to the Claimant/Solicitors inviting them to consent to set aside the judgment due to the reasons in paragraph 4.

6. The Claimant did not respond to my request / turned down my request.

7. I therefore respectfully request that the Court sets aside the judgment in this claim and allows 14 days for me to submit my defence.

Statement of Truth:

I, YOUR NAME, the Defendant, believe the facts stated within this Witness Statement to be true.

Signed: ________________________________
Dated: ________________________________

@henrik777 - I would appreciate it you could cast your eye over my N244 and give feedback (done in images with personal info redacted). I can't fit everything I want into Box 3 - I wanted to add that DCBL (a new 3rd party) contacted me at my correct address etc but I can't change the text size on the form, I believe there's a minimum accepted font height, which is probably why. If you think it should be reworded then please let me know.

In Box 10 - I am going to submit screen shots (or an export) from my credit report, showing I have never defaulted or had a late payment and that my addresses etc have always been up to date with credit companies etc. I will also show loans etc taken out at my new address after the ticket was issued but before the judgement was filed for (so could have easily been found).

henrik777

Box 3 is small it only requires a brief description.

Box 10 is where many try to put a huge wall of stuff. I much prefer to do it like you have. Cleaner and more digestible. 

 I wanted to add that DCBL (a new 3rd party) contacted me at my correct address etc but I can't change the text size on the form

That goes in your witness statement, it's strong evidence to support your argument.


You might want to edit number 4.

milkybk

henrik777 said:

Box 3 is small it only requires a brief description.

Box 10 is where many try to put a huge wall of stuff. I much prefer to do it like you have. Cleaner and more digestible. 

 I wanted to add that DCBL (a new 3rd party) contacted me at my correct address etc but I can't change the text size on the form

That goes in your witness statement, it's strong evidence to support your argument.


You might want to edit number 4.

Ok perfect, thank you. Would you say Box 3 is okay as it is then? I'll add that other bit to my witness statement as suggested.

With regards to number 4 you suggest editing - On the N244 form or in one of my other statements? Sorry, wasn't sure which you meant.

henrik777

3 is fine

4 on witness statement.

4. Any further information about why you did not defend/acknowledge originally

milkybk

henrik777 said:

3 is fine

4 on witness statement.

4. Any further information about why you did not defend/acknowledge originally

Ah okay, yes I missed that, thank you. I'll briefly mention my appeal and intention to defend in small claims court but they never contacted me again (whilst I was still at that old address, obviously they did many years later).

Coupon-mad

Please do us and yourself (and the driving public) a favour and stick around on this forum every week - at least for the Summer - to ensure you see when the Government publish and open the final Technical Consultation.

We will be talking about it and the public will have about 4 weeks we think, to tell the MHCLG what you think about the level of parking charges, that the MHCLG has admirably decided already will start at £50 (50% discount) and not £100.

It's not open yet but please keep check here to see when it is.  We need real people like you to counter the spamming that happened last time from the industry.

milkybk

Coupon-mad said:

Please do us and yourself (and the driving public) a favour and stick around on this forum every week - at least for the Summer - to ensure you see when the Government publish and open the final Technical Consultation.

We will be talking about it and the public will have about 4 weeks we think, to tell the MHCLG what you think about the level of parking charges, that the MHCLG has admirably decided already will start at £50 (50% discount) and not £100.

It's not open yet but please keep check here to see when it is.  We need real people like you to counter the spamming that happened last time from the industry.

Will do I'll be around posting updates as my cases moves forward anyway. N244 paid for this afternoon, so it begins!

milkybk

@henrik777 - The court just sent me an email acknowledging my payment for the N244, with details on where to email my forms etc to. They've given me an authorisation code too, my understanding was this needs to be added to the N244 form, is that correct? At the top there's a box for "claim no" but that's obviously the CCJ code I would assume.

henrik777

It's a long time since i paid and sent an application. I never got a code.

Send it all via email, put the code in the email and then check with them it's all ok, would be my suggestion.

milkybk

henrik777 said:

It's a long time since i paid and sent an application. I never got a code.

Send it all via email, put the code in the email and then check with them it's all ok, would be my suggestion.

Perfect, thank you.