CCJ. Parking fine sent to old address

Olive_j

Redx said:

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

Thank you, yes I’m happy with what points I will use to form the defence. Wasn’t the driver & can provide evidence (which I believe is included in the WS after filing the defence and not here?)

Redx

Correct , except because this is in response to the judges directions you provide all 3 , defence plus witness statement plus exhibits , so one big bundle , within the 2 weeks deadline

As a non driver , put keeper but not the driver , liability is denied , into 2 , takes 2 minutes to do that paragraph , leaving just number 3 to do

You are not following the standard steps for a new claim , because you have resurrected an old claim

Olive_j

Redx said:

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

True, although my WS only cited a couple of CPRs & not full cases like this time around. If I’d have received the court claim, I probably would have paid the crooks to avoid this situation! I’m into single figures on baby countdown right now.

Olive_j

Redx said:

Correct

As a non driver , put keeper but not the driver , liability is denied , into 2 , takes 2 minutes to do that paragraph , leaving just number 3 to do

And the rest to get my head around :-)

Redx

Your WS was for the set aside

Now you do everything as one bundle and submit within the fortnight allowed , concentrating on the actual original claim , which is now back in play

Olive_j

Redx said:

Your WS was for the set aside

Now you do everything as one bundle and submit within the fortnight allowed , concentrating on the actual original claim , which is now back in play

I’d read: “Defence is NOT your only job, nor the only paperwork! 

There will be:

(a) Directions Questionnaire (N180) stage - an easy form.

(b) Witness Statement & evidence and costs assessment stage.

(c) A hearing at your local court (or in 2020, a Telephone Hearing if your local Court Judge is working from home).”

Does this mean submit my original witness statement or a new one? 

So I have for example a google image showing no entrance or exit signage, but I’m sure I’d read not to include evidence in the defence - so not sure where to include? 

Olive_j

It’s funny how I’m having to submit a defence to a PCN which I had no knowledge of & have had to use the SAR to find out & defend the details of the alleged incident having received 0 paperwork 😬

Redx

Olive_j said:

Redx said:

Your WS was for the set aside

Now you do everything as one bundle and submit within the fortnight allowed , concentrating on the actual original claim , which is now back in play

I’d read: “Defence is NOT your only job, nor the only paperwork! 

There will be:

(a) Directions Questionnaire (N180) stage - an easy form.

(b) Witness Statement & evidence and costs assessment stage.

(c) A hearing at your local court (or in 2020, a Telephone Hearing if your local Court Judge is working from home).”

Does this mean submit my original witness statement or a new one? 

So I have for example a google image showing no entrance or exit signage, but I’m sure I’d read not to include evidence in the defence - so not sure where to include? 

I know you have read it , we all have , for a brand new claim served correctly

But your claim is an old claim you have resurrected due to a set aside , so your claim is fastracked , no N180 , all to be prepared and submitted within the fortnight , the full Monty !!

So a new Defence to the original PCN plus court claim , plus a new witness statement plus all exhibits to your local court and to the claimant or their lawyers , no N180 , no waiting around , nothing to do with the CCBC either

Olive_j

Thanks for clarifying @Redx.

So the new witness statement is expanding on points 2 and 3 from the defence?

Should I include when I found out about the PCN, in a similar manner I discussed finding out about the CCJ in the set aside witness statement, or only my reasons why it should be dismissed? 

Redx

Lol of the above , if it helps your case

Keep 2 & 3 concise , to the point , in the new defence based on the template defence by coupon mad

Then start a New WS and add your exhibits , similar to the @jrhys bundle , adding all of it into your full submitted bundle to court and Claimant , within the new timeframe set by the judge recently

So fastracked , not following the usual steps