New direction questionnaire from a stayed case in March 2020!!

Debunked

Also my trip to court today was fruitless, I really hoped I would get some concrete explainations for what has been going on.
The usher I spoke to on arrival disappeared out the back and came back saying I needed to put everything into an email.
I explained that I had done times many times previous without a response, and that the CCJ is a very serious thing for me to carry at this time. Also stating that if things had been carried out on the 7th as was expected, and the judge had ruled exactly the same with me being present . I would have of course paid the CCJ instantly, I didn't pay it because of the courts mistake plus I didn't even know about it until receiving the judgment letter on the 8th of August!!
So thankfully she went back to speak to whoever is in the office, but then returned saying they can't even look at my case because the systems are down. So maybe to visit C.a.b, and to write the email. She was pleasant so I thanked her and left.
The more I think, the more I feel I need to pay the money for the n244, but do I apply for a varying or a stay?
Thanks

Grizebeck

There is nothing to stay. Its a set aside

Debunked

Hello all,

Filling out the n244 form, would it be possible to have help with a couple of things on the front page? Numbers 5-9a please.
Also do I include the fee, and post to my local court (recorded del). 
The order for applying for a set aside was dated 30th August, so conscious I do not want to be outside the 30 day window again. 

Update:
I have contacted my local MP, and one of their people have contacted me, and I have sent all information to them, and they have contacted the courts.
I have had no response from my complaint which I lodged on the 7th of September.
I send an email daily to the Court enquiry office, I have received no response.

Kind regards 

Debunked

Jenni_D

It is recommended that you do attach a draft order (in MS Word format) to guide the judge as to what you wish to happen. Search this board for 6 point draft order for examples.

Coupon-mad

You are right to tick 'without a hearing' so the other questions are largely N/A except the level of Judge is District Judge.  And the solicitors for the Claimant are to be served with a copy.

If you have any holiday or special family events coming up then put them in, just in case the DJ orders a hearing after all.

I think without a hearing, the fee is £108 (not £275) but I stand to be corrected if wrong on that.

Attach copies of everything you sent before (your complaint).

Draft Order is needed, as this is an unusual situation @Johnersh may have thoughts about what to put to make sure the court recognises its own error(s) and reimburses you.

Yes, in your case send it to the local court because they are the ones who have caused this farce. Glad you got your MP on board.

Manxman_in_exile

I'm no expert (obviously!) either in parking cases or on court procedure, but if I were you I think I'd pay the filing fee so as to make sure the set-aside application was accepted for consideration by the court.  I'd worry about claiming the fee back later when - or after - your complaint has been dealt with.  But see what others say.

I'd also be tempted to attach a copy (if possible) of the email or text from the court apparently advising you that the hearing had been adjourned.  But don't do that if other more knowledgeable posters here advise against.  You don't want unnecessarily to give the court any more opportunities to screw this case up even further!

Given the history of your papers etc going astray, I'd also be tempted to deliver it by hand if possible - just to make sure - and get a receipt for it.

Debunked

Thanks to all, for your help and advice. I will attach all related information with the form. 

Debunked

Hello all, does this make sense I copied most of it from a previous set aside case involving wrong address. Not sure if its all correct for mine. Point 3 definitely needs changing but not sure how to word it.

DRAFT ORDER

IN THE COUNTY COURT AT: LUTON

PREMIER PARK LIMITED (Claimant)

And

xxxx (Defendant)

CLAIM No:xxxx

IT IS ORDERED that:

1. The default judgment dated 07/07/22 be set aside.

2. Costs to be reserved.

3. Unless the Claimant serves a copy of the claim form on the Defendant by 4pm on XXXXX paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £108 and the claim shall be struck out.

4. If the Claimant serves the claim form as directed in paragraph 3 the Defendant shall file and serve a defence by 4pm on.

5. Should the Claimant discontinue the Claim after the CCJ is set aside, paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £275 plus the Defendant's costs for attending the hearing.

6. All enforcement be put on hold pending the outcome of the application.

Then the witness statement below.

WITNESS STATEMENT

1. I am xxx and I am the defendant in this matter. This is my supporting statement to my application dated 25/09/2022 requesting to:

a. Set aside the default judgment dated 07/07/2022 under section 13.3, as it was defectively served, after an admin error by the court. Adjourning the hearing to myself the defendant, but forgetting to take the case off of the list of hearings for the judge that day. See exhibit CL1.

b. Order for the court to reimburse the defendant £108 as reimbursement for the set aside fee.

c. Order for the original claim to be dismissed.

2. Evidence for order to be set aside.

a. I received an email at 1:24pm the day before my hearing informing me it was cancelled, as there was no judge to hear the case. Exhibit CL1.

I had already phoned in the morning to receive that information, the email had unfortunately escaped my attention. It did not help me that I had already taken a day off of work. 

I then received an order from a District Judge, dated the 8th August, settling in favour of the claimant. Exhibit CL2.

The hearing hadn't been cancelled and went ahead on the 7th July without myself or the claimant being present. This was an error by a member of staff at the Court who forgot to cancel the hearing officially. 

This then lead to me having to travel to the justice centre on the 15th August, to speak to someone in person, because my emails were not answered. Once there I was reassured that it would be sorted out and the case reopened and a new hearing date found. 

I have now received an General Order of Judgement dated the 30th August. Exhibit CL3. Asking me to fill out a set aside application. 

 

b.The judgment takes into account the claimants evidence only, and not my defence and witness statement filed with the court on the 4th January, after receiving the letter for the hearing date, after the previous stay dated the 8th December 2021.

I have many points in my defence, and WS that would be excellent challenges to the claim against me.

 

c.I now have received a live CCJ on my credit file, through no fault of my own.  I have made continued attempts to contact the court manager by email, also including another in person trip on the 15th september to the court to speak directly. I have received no contact from my official complaint filed on the 7th September, ref:32902951.  I have received no reply from several emails to Luton court, Court manager about this. Exhibit CL4 

I am in contact though with my local MP who is helping me.

 

d.This fiasco is entirely down the maladministration of the courts and given this serious error I require that this is put in front of the senior/administrative judge for the local court.

If a set aside application is required, then due to the courts own error that this should be ordered to be done for a nil charge, or myself be reimbursed

STATEMENT OF TRUTH
.......

I hope its not too much of a mess!

Ed2022

@Debunked
The letter seems okay.
Although;

- I am in contact though with my local MP who is helping me.
Perhaps I would elaborate on this, and attached any meaningful correspondence, if appropriate.

- d.This fiasco is entirely down the maladministration of the courts and given this serious error I require that this is put in front of the senior/administrative judge for the local court.
Not a legal expert but perhaps ask for the CCJ to be stayed / cancelled and either the case reheard. Unless an appeal is the way to go.

Coupon-mad

That Draft Order isn't right.

You don't want the costs reserved.

The Claim wasn't defectively served.