Very confused, not sure whats going on with a CCJ

teknotel

I think I did the witness statement, will try and put everything here I have sent.

teknotel

Here is everything I sent after the set aside on request in November 2022:

Email attachments:
https://i.imgur.com/RP3H8US.png

Witness Statement
https://i.imgur.com/X174lZq.png
https://i.imgur.com/1W3f59d.png
https://i.imgur.com/qt2TnW7.png
https://i.imgur.com/R5Dmrvs.png (this might be a slip up on my part)
https://i.imgur.com/WGfvi3I.png
https://i.imgur.com/SGvbObW.png

Defence
https://i.imgur.com/2cGzzYu.png
https://i.imgur.com/UwkarJl.png
https://i.imgur.com/eeGdhix.png
https://i.imgur.com/EB0lyYT.png

Please let me know if you think I have sent everything I need to or if I need to send/ammend anything else before the hearing if it goes ahead.

Coupon-mad

teknotel said:

I think I did the witness statement, will try and put everything here I have sent.

You would have done a WS ages ago, to support your application to set aside the CCJ.  That was about the fact you didn't receive the claim.

That's not what we mean and that bit is done & dusted and behind you.

You've also done a defence.

You have not (until now) been asked for your WS and evidence bundle against the PCN.  That's the stage you are at. What's the deadline?

teknotel

Thanks @Coupon-mad

You would have done a WS ages ago, to support your application to set aside the CCJ.  That was about the fact you didn't receive the claim.

I am absolutely certain the witness statement above was completed and sent in AFTER the CCJ set aside result and at the request of the court. It is only in relation to the parking charge, refers to all of the evidence and even mentions the successful CCJ set aside result.

I am more than happy to amend and resubmit, I will clarify with the court if they have these documents, please feel free to read the witness statement just to confirm what I am saying, I am very sorry if I am confused here but it definitely seems the witness statement I have linked above is the one you are saying I need to do.

You've also done a defence.

Brilliant, so nothing to do here then in terms of the defence? Maybe need to resubmit everything again?

You have not (until now) been asked for your WS and evidence bundle against the PCN.  That's the stage you are at. What's the deadline?

I believe I was asked for this in in 2022 and for whatever reason it has not made it to hearing until now and they are asking me for the info again. Please check this link, it is just a picture of the files I submitted to the court and claimant AFTER the CCJ.

https://imgur.com/RP3H8US

The small claims track letter above says I need to pay a trial free of £27 by 3:30 on the 6th of February (I think it doesn't seem clear) and then submit the witness statement and evidence pack no later than 2 weeks before the hearing date that is the 5th of March 2024.

I do believe I have submitted everything already. I think what has happened is that after the CCJ result I submitted the defence and witness statement as the court asked me to do this. DCBL then decided after receiving this they would like to proceed with their claim and the court contact me asking for all of these documents again, which I resent and then they asked me for the directions questionnaire. Last communications with them were in November of 2022, for whatever reason the hearing just hasn't moved forward until now.

I am going to email the courts today to confirm eveything, will let you know what they say. Thank  you, please do let me know what you think.

Le_Kirk

teknotel said:

The small claims track letter above says I need to pay a trial free of £27 by 3:30 on the 6th of February (I think it doesn't seem clear) and then submit the witness statement and evidence pack no later than 2 weeks before the hearing date that is the 5th of March 2024.

Are you the claimant as in, this is a counterclaim?  If you are not the claimant, you do not pay the £27.  If, however, you are counterclaiming you do of course pay the £27.

teknotel

Le_Kirk said:

teknotel said:

The small claims track letter above says I need to pay a trial free of £27 by 3:30 on the 6th of February (I think it doesn't seem clear) and then submit the witness statement and evidence pack no later than 2 weeks before the hearing date that is the 5th of March 2024.

Are you the claimant as in, this is a counterclaim?  If you are not the claimant, you do not pay the £27.  If, however, you are counterclaiming you do of course pay the £27.

I do not believe I am counterclaiming no, so this bit of the letter doesn't apply to me, that is OK then.

teknotel

Can I claim any further money from them for wasting my time over the past 4 years lol

Coupon-mad

teknotel said:

Can I claim any further money from them for wasting my time over the past 4 years lol

Did you get your £275 back?  Did the first Judge order that, or not?

Please listen to what I am saying.

You probably did a first WS with the N244 application. That's now in the past as you successfully had the CCJ set aside.

You probably got ordered by the CCJ set aside Judge to file & serve a defence within 14 days.  A defence is not the same as a WS.

Please show us that defence now, so we can see what your final WS bundle can build upon.

I believe I was asked for this in in 2022 and for whatever reason it has not made it to hearing until now and they are asking me for the info again.

THEY ARE NOT.

I repeat: you must now file and serve a witness statement and evidence bundle (as seen in 5 examples in the NEWBIES thread that are there for you to copy & adapt to suit).

There is also an a-f list of typical exhibits to use in a WS bundle against a PCN.

This is NOT the same thing.

teknotel

@Coupon-mad

I dont really know what to say here as I have explained all of this. I don't understand whats happening sorry.

Did you get your £275 back?  Did the first Judge order that, or not?

Yes, the money was paid back.

You probably got ordered by the CCJ set aside Judge to file & serve a defence within 14 days.  A defence is not the same as a WS.

I dont know what more I can do here. I have provided evidence showing the WS and the evidence bundle. I have provided a timeline showing when everything was submitted. I have provided screenshots of both the defence, witness statement and evidence bundle in this thread. Maybe there is a technical issue and my comments are not appearing here, though I can see them?

THEY ARE NOT.

I repeat: you must now file and serve a witness statement and evidence bundle (as seen in 5 examples in the NEWBIES thread that are there for you to copy & adapt to suit).

There is also an a-f list of typical exhibits to use in a WS bundle against a PCN.

This is NOT the same thing.

I am going to link the witness statement here again and also the evidence bundle here again, it is all a few comments up.

I also contacted the courts two days ago and asked them if they had my witness statement and evidence bundle for this hearing and they told me yes it is all on file.

teknotel said:

Here is everything I sent after the set aside on request in November 2022:

Email attachments:
https://i.imgur.com/RP3H8US.png

Witness Statement
https://i.imgur.com/X174lZq.png
https://i.imgur.com/1W3f59d.png
https://i.imgur.com/qt2TnW7.png
https://i.imgur.com/R5Dmrvs.png (this might be a slip up on my part)
https://i.imgur.com/WGfvi3I.png
https://i.imgur.com/SGvbObW.png

Defence
https://i.imgur.com/2cGzzYu.png
https://i.imgur.com/UwkarJl.png
https://i.imgur.com/eeGdhix.png
https://i.imgur.com/EB0lyYT.png

Please let me know if you think I have sent everything I need to or if I need to send/ammend anything else before the hearing if it goes ahead.

Again, this was sent in after the CCJ, I was specifically asked to provide the witness statement and evidence to the court and the claimant. 

I have asked the courts two days ago if everything was in order and they had all my documents, here is there reply yesterday:

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

I think maybe none of my comments with links are appearing or something?

Can someone please confirm if they are able to see these links, if not I can upload all the pictures manually.

I am sorry for the confusion, I am just positive I have already done the witness statement and evidence  bundle as well as the defence, please check the links above and let me know.

Jenni_D

I think the confusion is that you don't normally file a WS pertaining to the original claim (not the CCJ set aside) until you are ordered to by the court, and this normally happens when the court date is known so the WS is filed (with the court) / served (on the other party) a few weeks beforehand. It is unusual for such a WS to be filed/served more than a year in advance.

Has the Claimant received a copy of your WS and evidence?
Have you received a copy of theirs?

If this does end up with a discontinuation (which is very possible) then at least you're not out of pocket re. the set aside fee.