Very confused, not sure whats going on with a CCJ

ParkingMad

Here is a link to the contract between BHCC and OPS

https://www.whatdotheyknow.com/request/parking_enforcement_on_housing_l#incoming-1608525

teknotel

Moving this to here as requested:

I cannot actually believe this.

I have today received a court summons in relation to this incident posted here nearly 2 years ago.....

This was genuinely one of the most stressful and difficult things I have done since uni. The judge agreed to set aside the CCJ and said there is very likely chance the case would have gone in my favour.

It seems they have decided to take me to court again over this 2 years later over an incident that will by around 5 years old by the time I goto court on in March.

I am lost for words. My case is so strong here and the judge said as much. No waiting time. Valid permit. Supporting evidence from disabled resident I was assisting.

What is going on here? Do I simply re submit the same case as last time? Any help or info on this would be welcome as I believed this was all over when the judge agreed the set aside on the grounds the case against me was not likely to succeed.

Coupon-mad

Show us exactly what you have recently received:

(a) from the court

(b) From OPS' solicitors.

redacted of your data & claim no and redacted of any personal names in their statements.

teknotel

I have received nothing from OPS or their solicitors to my knowledge.

The letter had more pages but all seemed to be generic info on how to submit evidence, settling, what to bring to the hearing etc. Happy to upload if necessary let me know.

Coupon-mad

That's not a Summons.  It's a normal hearing order. The second page says what you have to do.

Witness statement time! This means you MUST comply with the deadline and that means WS and evidence. See the NEWBIES thread.

Thank goodness you hadn't moved house thinking it was all over, because if you'd missed this letter and not filed & served a WS and evidence and not turned up for this hearing you'd have lost and been clobbered with costs.

The system is appalling isn't it?

Remind us of what happened before.  You got the CCJ set aside and did you get your £275 back, or did the Judge say those costs are 'reserved' to be decided at this hearing?

Were you required to send a defence at any point before or after that first hearing? Or have you never done a defence?

Which solicitor was OPS using? QDR?

teknotel

Ok so lookling into it further it turns out there was correspondence, it was emails nearly 2 years ago after the set aside. It seems the CCJ was set aside on the 2/2/22. Here is the order:

https://i.imgur.com/PQykV9T.png

I was required to submit my defence by the 23rd of February which I did.

31st of March DCB legal email me with the following:

https://i.imgur.com/2WxO4Fg.png

I reply confirming I am not interested in any settlement, please use this email for all correspondence and send me any documents in PDF.

Then on the 18/11/22 I recieve this from the court:

https://i.imgur.com/Nys51xj.png

I reply explaining the not only was this sent and received by the court with confirmation, it was always received and reviewed by DCBLegal, as proven by the email above on the 31st of March where they confirm THEY HAVE REVIEWED MY DEFENCE and wish to proceed with at court.

I then provide evidence showing all of this and the court confirms they have the documents, but have no received a directions questionaire?

I explain I this was not sent to me, they tell me to fill in N181, I then check the email from DCB on the 31st of March and actually they did have a N180 (not N181) attached. 

I then complete an N180, send it to the court with DCBlegal copied in so they receive it also. This is the last email I have in relation to this. This was on the 21/11/22. The next contact I have received is the letter I posted with originally which recieved yesterday.

Sorry for long explanation just wanted to cover everything and provide all the info.

Seems like I have done everything for this, but its been so long actually getting to court that I forgot it completely lol. Is this the case? Any tips or anything I need to do that I may not have done?

Coupon-mad

Hohoho, it's DCB Legal who will now email you begging you to settle, then when you don't, they will discontinue before you know it!

That Brighton hearing in March won't take place.

Did they pay your £275?  In 2022?

You will have to just do your WS and evidence to see DCB Legal off.  Easy stuff.  See the recent example by @Citizen_K

Jenni_D

What's the advice if they didn't get their £275 back (and DCBL discontinue)?

teknotel

Hello! Have I not already done the witness statement and defence, it was requested after the set aside?

They did pay the back the £275 yes.

Coupon-mad

I was required to submit my defence by the 23rd of February which I did.

Good.

That's 'defence step one' completed.

But the hearing Order requires you NOW to complete 'defence step 2'. It is a different thing.

The court now requires your supporting WS and evidence bundle, easily copied & adapted from one of the 5 usernames linked in the Newbies thread, where I talk about WS stage and list the a-f suggested exhibits ( = evidence, such as photos, permits, whatever is relevant to support the defence you put in).

Have you shown us the defence you filed & served in February 2022?  Please show us (redacted of your personal data & the claim number).