CCJ. Parking fine sent to old address

Le_Kirk

@henrik777 can you suggest (or point to) a suitable six-point draft order?  The OP has made a change as above but if point 2 is amended, doesn't point 3 need to amended to remove the final part of the sentence?  Obviously point 5 would remain.  I have "saved" a lot of your excellent advice and have searched it but can find no sensible six-point order for this circumstance.

Olive_j

How about this:

1. The default judgment dated [date] be set aside.

2. The Claimant do 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 4pmon DD/MM/YYYY 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 DD/MM/YYYY.

5. Should the Claimant discontinue the Claim after the CCJ is set aside, the Claimant shall pay the Defendant's costs for attending the hearing.

6. That all enforcement be put on hold pending the outcome of the application.

Jenni_D

That looks better (IMHO).

Le_Kirk

I agree.   

Umkomaas

@Olive_j - well on your way to becoming a forum CCJ expert alongside @henrik777 😉

Olive_j

Umkomaas said:

@Olive_j - well on your way to becoming a forum CCJ expert alongside @henrik777 😉

I wish. It’s the enormous amounts of help/ hand holding I’ve been receiving from some very helpful individuals on the forum! 

Umkomaas

Olive_j said:

Umkomaas said:

@Olive_j - well on your way to becoming a forum CCJ expert alongside @henrik777 😉

I wish. It’s the enormous amounts of help/ hand holding I’ve been receiving from some very helpful individuals on the forum! 

Come back and join the cause once your cases are resolved. The more of us, the better. There's no let up in demand, supply is extremely stretched. 

henrik777

Olive_j said:

henrik777 said:

6.9 (3) is fine because that's the court rule on service of the claim form.

How about this @henrik777:

On that basis, I believe the Claimant has not adhered to CPR 13.2 and CPR 6.9 (3) where they had failed to show due diligence in using an address where the Defendant no longer resides. 

I’ve also changed from the 4 point draft order to the 6:

Upon reading the Defendant’s application dated 19/07/2021

It is ordered that:

1. The default judgment dated XX/XX/2019 be set aside.

2. Order for the Claimant to pay the Defendant £255 as reimbursement for the set aside fee. 

3. Unless the Claimant serves a copy of the Claim Form on the Defendant by 4 pm on DD/MM/YYYY 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 DD/MM/YYYY.

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.

@coupon-mad does point 2. now read ok? 

The argument is thus,

The claimant had reason to believe you no longer liver there because (delay, xxxxxxx, yyyyy)

As they had "reason to believe" they MUST take the reasonable steps laid out in CPR 6.9 (3)(4)&(5) before they can utilise (6). If not the claim form was never served.

Your latest order is much better


Get Due Diligence away tae f.....

1505grandad

As above  -  impressive how the OP has gone from being unable to find Newbies and stating "I’m totally squashed by the elephant." - but never gave up - to advising a Draft Order all in the space of a few weeks. 

Olive_j

1505grandad said:

As above  -  impressive how the OP has gone from being unable to find Newbies and stating "I’m totally squashed by the elephant." - but never gave up - to advising a Draft Order all in the space of a few weeks. 

Far from it, @ParkingMad & @Coupon-mad have both been providing enormous amounts of guidance behind the scenes.