CCJ from CPM - help please to set aside

B789

Jetjet_12 said:

There is a statement in my trial date letter:

Unless the claimant does by 4pm on the 29 Sept 2023 pay to the court the trial fee of £59 or file a properly completed application for help with fees, then the claim will be struck out with effect from 29 September 2023 without further and unless the court orders otherwise, you will also be liable for the costs which the defendant has incurred. 

You are the defendant.

Le_Kirk

When you gained your set-aside, did the judge make an order for costs? 

Jetjet_12

Le_Kirk said:

When you gained your set-aside, did the judge make an order for costs? 

I don't think she did. I did ask about it but she told me the case will be transferred to Oxford so I thought that is where I would be able to reclaim my cost.

Le_Kirk

Jetjet_12 said:

Le_Kirk said:

When you gained your set-aside, did the judge make an order for costs? 

I don't think she did. I did ask about it but she told me the case will be transferred to Oxford so I thought that is where I would be able to reclaim my cost.

But only normally if "costs are reserved" or similar wording appears on the judgment.  Have you seen the letter from court yet?

Jetjet_12

Le_Kirk said:

But only normally if "costs are reserved" or similar wording appears on the judgment.  Have you seen the letter from court yet?

In one of the orders from the judge in Watford:

5. Costs in case.

Is that it?

Coupon-mad

Jetjet_12 said:

Le_Kirk said:

But only normally if "costs are reserved" or similar wording appears on the judgment.  Have you seen the letter from court yet?

In one of the orders from the judge in Watford:

5. Costs in case.

Is that it?

YES it is!

Great - you can potentially reclaim those costs if you succeed.

Why did it switch from Watford to Oxford?

Remind us what your case is about. If it's residential, include the transcript of Jopson v Homeguard because that's the persuasive residential car park judgment from Oxford.

See the thread by @baz417 for what a recent WS looks like and the three standard exhibits to include (out of his seven exhibits). 

Also grab the new words and new transcripts from the thread by @xavian1234

Jetjet_12

We moved to Oxford from Watford. Waited over a year for the set aside hearing from Watford.

Yes it is a residential parking where we were parked in our allocated parking space (underground car park). Our car park permit slid off slightly and the private car park company charged us for two nights for not having "visible permit."

So now I have 2 dates, 29 September - when the claimant will pay the £59 fee to the small claims court and 27 Oct - which will be the trial date.

In my understanding I do not need to do anything for the 29 Sept? 

I did use the Jopson v Homeguard judgment from Oxford as you have suggested when I sent over my Defence and N180 Questionnaire.

I will read through those WS by @baz417.

Thank you again everyone. 

Jetjet_12

Hi again. I am in the process of drafting my witness statement. However I am getting quite concerned as I have not received any response pack from the court. I did receive the witness statement pack from Gladstones. The court allocated the hearing date for 27/10/2023. I am getting worried that up until now I haven't responded to the claim as I do not have the code. Gladstones witness statement is dated 03/10/23 and I received it on 06/10. Is there any way I could chase it? or should I just wait for it? Thank you so much, 

Coupon-mad

What code?  What response pack?  There are no such things in small claims.  I don't know why you are waiting.

If you had that Hearing Order it tells you your deadline for doing a WS & evidence and your deadline was probably the same as Gladstones.  It's likely 4pm tomorrow isn't it?

The latest WS examples are by @_blueberry_ and @vincentvega27 because you need the CEL v Chan case too.