CCJ. Parking fine sent to old address

Olive_j

Thanks @Redx I’ll try and find his example. I’ve just seen @robertcox999 defence & WS examples but also that he had to pay £313 and the judge was totally biased. Do I have the opportunity to pay the PCN now instead? I just want it over with now. The cases I need to have an understanding of in the defence are way over my head & I’m going to look an idiot.

Coupon-mad

Read the template defence I wrote, Olive, it's not hard to understand any of it. I'm ot legally trained and didn't write it in legalese.  All you do is add the Defendant's facts to it.  You won't be offering to pay!  Isn't the PCN non-POFA (based on date served) and the keeper Defendant wasn't driving?  That's a legally winning defence.

And stop looking at the WS by Robert Cox.  A newer one is by @jrhys.  

Redx

The opportunity to pay the PCN died months or years ago

You have a court order , from the set aside , which was granted because the judge felt that you should be given the opportunity to defend the original court claim , which is what you should be concentrating on

If you lose in court , pay up , in full , asap , whatever the judge says

Olive_j

Thanks @Coupon-mad. I’ll take a look over everything tomorrow with fresh eyes. 

Le_Kirk

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?

This is a tactic often used by PPCs in their witness statement pointing out that defendants did a C&P from "the Internet" (wherever that is) and in the words of one judge - "so what!"  As pointed out by others you are an amateur, a litigant in person and it is appropriate to get help from anywhere and everywhere.

Olive_j

Thanks @Le_Kirk. My worry is that I’ll include a case which isn’t relevant to my case and look silly. 

The judge only mentioned having 14 days to file & serve a defence, sending a copy to court & the claimant. Is a defence definitely required/required within the 14 days too?  

Le_Kirk

Olive_j said:

Thanks @Le_Kirk. My worry is that I’ll include a case which isn’t relevant to my case and look silly. 

The judge only mentioned having 14 days to file & serve a defence, sending a copy to court & the claimant. Is a defence definitely required/required within the 14 days too?  

If the judge ordered you to file and serve a defence (to the underlying claim/PCN) then that is what I would do.

Redx

So if the CAB provided the same template , it wouldn't be silly ?  Even firms you pay to represent you , use the template by coupon mad ( I am sure that a judge would prefer to see a well written template than waffle by someone who hasn't a clue )

As for the contents in paragraphs 2 and 3 , that is what you post on here first , for checking

So do just that , use us for checking , like with the set aside !!

If you have further WS details and exhibits , add a supplementary WS plus Exhibits as well , including your summary costs assessment statement , sending a copy of the pdf bundle to your local court and add the claimant and yourself to the email address section , so 3 entities in total , court and cc yourself and the claimant or their lawyers , so all 3 of you get a copy

This is not difficult , but you only have say 12 days left to do it , so waffling isn't helping

Just do it and show us your writings below , no more questions until it's done , thank you

Jenni_D

Olive_j said:

The judge only mentioned having 14 days to file & serve a defence, sending a copy to court & the claimant. Is a defence witness statement definitely required/required within the 14 days too?  

I've edited your quote to change it to what I think you meant.

What exactly does your court order state? If it only requires you to file and serve a defence (to the underlying claim) within 14 days then that's what you do. Whilst you could start preparation of your WS (to support the defence you'll be filing) you don't need to distract yourself with that just now.

So - please tell us the exact wording on your court order.  

Olive_j

@Jenni_D. I have just this minute received a judgment of order through the post. 

1. The default judgment dated X be set aside
2. The Defendant do file and serve a defence by 4pm on X
3. No order as to costs