CCJ. Parking fine sent to old address

henrik777

Penalised in costs because the Judge couldn't be bothered and neither could the claimant. Truly shocking.

Glad it's set aside.

Olive_j

I know @henrik777 I feel a little gutted today to be honest. So much evidence was provided and the fact they had claimed they did a soft search and hadn't. I thought there would be an opportunity to explain our side of events & then the judge make a decision, especially considering you pay for the privilege. As I said, the only question asked was about the DVLA address at the time of the initial PCN, wasn’t interested in anything else. 

Le_Kirk

When you write your defence, look at paragraph 17 (if using the standard defence template) and add your set-aside costs to that.  At the hearing, when you win, don't forget to ask for costs.

Olive_j

Thanks @Le_Kirk are the costs the £255 court fees? Are you allowed to ask again, when the first judge refused? 

Where can I find the standard defence template? I can’t see it on the newbie forum. I may have missed it as my laptop has kindly decided to pack in so I’m having to search on my phone. 

Le_Kirk

The court fees for set-aside are indeed £255.  I doubt it will be the same judge and, if you don't ask ........... etc.  The standard defence template is one of the first five announcements on the front page of the parking forum, not within the NEWBIE sticky.  You may get advice from @Johnersh (lawyerly type) or @henrik777 (set-aside guru).

Olive_j

Thanks @Le_Kirk. I’ve found it but it looks a little scary!! 

Jenni_D

Olive_j said:

Thanks @Le_Kirk. I’ve found it but it looks a little scary!! 

Why? All you need to really do is address points 2 and 3.

(Of course you need to understand the other points, but you have time for that).

Redx

2 is easy , do they know who was driving ?  If yes , put keeper and driver , but liability is denied

If they don't know , you could be asked in court , so what would your truthful answer be ?? Think !!

That leaves only 3 to sort out , like everyone else , the rest remains unchanged

Olive_j

Jenni_D said:

Olive_j said:

Thanks @Le_Kirk. I’ve found it but it looks a little scary!! 

Why? All you need to really do is address points 2 and 3.

(Of course you need to understand the other points, but you have time for that).

Exactly. Understand the other points! Won’t a judge take one look & know I’ve copied & pasted from the forum & be tempted to question my understanding? Lots of homework for me tomorrow! 

Redx

They may well test your understanding , but the fact remains that you only alter 2 & 3

You are using a template as an unrepresented litigation in person , without a proper legal background , so you are assisting the court and judge

You used or adapted other templates to get to this point

Had you received the court claim in the first place , you would still be doing this