Help with Hearing Bundle !! (Set aside Default Judgment)

bbwoi

Coupon-mad said:

Why isn't it possible to defend?  You can certainly defend as the Judge directed, by sending the LOCAL COURT (not CCBC) and Gladstones) your defence, witness statement and evidence (a new WS about the PCN this time, see examples posted by @Nosy and @jrhys).

Thanks for the advice. Sorry if I am being slow, but when you say 'send to the local court', is this simply by post/email?

I called the Clerkenwell & Shoreditch Court customer service team this morning for further clarification and he said he won't give me any legal advice but I may have to do an N9 form? Is this usually the case?

Also found out that the set-aside order document was sent to the wrong address! (they mistyped my postcode although I had emailed my correct address!) - they have now sent it by email, but I still only have till 6th October to file a defense. 

It does not actually say what documents need to be sent and how - just a defense by 6th October. I have attached it for reference.

Having looked at the @nosy for a WS and currently drafting one to the best of my ability
Also the user name @jrhys no longer exists! 

My current defense includes ParkingEye Ltd v Beavis [2015] UKSC 67 but will also be adding the Excel vs Wilkinson case also

Redx

No S in Defence

No court can give you legal advice , that is for lawyers and barristers , so typically a solicitor

Email is preferable since covid19 hit , used to be papers previously , so saving the planet 😆😆😆👍


For a set aside , submit a bundle by email , include the Defence to the original court claim , plus your WS against the court claim , plus your exhibits , plus your summary costs assessment , so the full Monty

Serve a copy of the bundle on the claimant ( or their lawyers if they are using lawyers )

Umkomaas

Also the user name @jrhys no longer exists! 

It looks like you clicked on the hyperlink from @Coupon-mad which seems to have 'grabbed' the final bracket and included that as part of the username - see below. 

Click on the following which will take you to the appropriate user profile:

@jrhys

(a new WS about the PCN this time, see examples posted by @Nosy and @jrhys).

bbwoi

Looking through the various Witness Statements on this forum, I am worried that I do not have a strong enough case for my WS.

As the supposed offence was from 2018, I do not remember all the particulars very well. 

From my understanding, I was given a parking permit by my estate agent and parked in the bay outside of my house. I received a parking fine but the claim form does not exactly say what my offence was. I believe I had displayed my permit but honestly can not remember, what if they have counter-evidence and I am wrong? I just know that I rarely ever took the permit from my car.

I did not respond to the threatening letters from Gladstone and after I moved homes, realised I had a CCJ active on my credit file.

I know in my defence I can talk about never entering a contract with PCM and the extortionate debt collector fees, but I fear my witness statement will be vague. I was wondering if there is any template or advice anyone can give for this sort of situation?

Please let me know

Thank you guys

Coupon-mad

Not really, you would just be adapting any others you read (claims are ALL over the forum, literally every thread almost).

Also you need to read other set aside threads because we say this until we are blue in the face, on every CCJ thread at post set aside stage...the Judge has only asked for a defence but that's not the only thing to send, if you want to give this your best shot.

Loads of examples of set asides about PCNs from years earlier than 2018, where people have no clue what the parking event was all about.  Yours is positively recent.

Read all the CCJ threads you can find from September, just by going through the first xx pages of the forum systematically clicking on any thread with CCJ in the title.  Start with Olive's.

bbwoi

Coupon-mad said:

Read all the CCJ threads you can find from September, just by going through the first xx pages of the forum systematically clicking on any thread with CCJ in the title.  Start with Olive's.

Thank you coupon-mad, i will spend today looking through these and try to write up a version also. I was just worried because the many I have read so far have been pretty specific cases. But will keep trying. 
Thanks for the help

Coupon-mad

Most are like you, old PCNs where the keeper has no idea about who was driving or what the allegation is about.

bbwoi

Hi guys,

I've spent the weekend writing up a witness statement and defence using examples from this forum to guide me. I would really appreciate some feedback from you guys, (please!)

Essentially my defence is that:

• No information has been given to me by the claimant, just a claim form. no images or description of what the offence was.
• I was told my house came with parking by my estate agent
• A permit was given to me by the claimant (parking control management)
• A few months after moving in, signs were put up - but they only say that you require a valid permit - which I believe I had
• I no longer remember the offence but I know they started to issue many fines to people who parked on the street and not in the car park, although the sign doesn't say this (just that you require a permit or to pay) and we were told we had street parking when moving in. Somehow they changed this without informing us.
• Gladstones did send many letters which I ignored.

My witness statement and defence can be found HERE

Many thanks in advance !

bbwoi

Hey guys,

Please can anyone help with the above? I need to submit by Wednesday because the court issued the order to the wrong address meaning I’ve had less than a week to write the defence and WS.

Le_Kirk

Looks like a standard "own space" defence added to the standard template and provided you have not made any changes after paragraph 9, should be OK.  In your witness statement you talk about a CCJ; is this a claim for a set-aside?