Very confused, not sure whats going on with a CCJ

teknotel

Jenni_D said:

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.

I completely understand, but it does seem in this case I have possibly pre emptively submitted my witness statement and evidence? I don't know why I have done this, but the witness statement and evidence does seem to be correct?

I am asking the court to clarify this for me again just to make sure.

The claimant and courts have my witness statement and evidence, I do not have anything from the claimant, only an email from 2022 indicating they wish to pusue this after the CCJ.

Thank you.

teknotel

I am really confused by this. Just to be safe I am going to resubmit everything, can someone let me know if the witness statement and evidence above are ok?

Thank you.

Coupon-mad

teknotel said:

@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.

Sorry for the confusion.

Looks like you are happy you did send all your evidence with a WS and a defence, after the CCJ was set aside.  Very good. Ahead of the game.

My phone won't let me see those links but if you have already sent everything you intend to rely upon, then there's no need to resubmit it now, as long as you know for sure - email receipt? - that the Claimant's solicitors got it because sometimes the reps pretend otherwise in front of a Judge.

Be ready for dirty tricks.

I still think they'll discontinue.  Worth a phone call to the court a few days before, to make sure the hearing is still going ahead.

teknotel

 @Coupon-mad

Thank you. I am going to resubmit because I am getting conflicting messages to from the court (unbelievable!). 

The first court rep told me everything was on file and the court had it. Then after this thread I emailed again and was like, I am being told I definitely need to hand in a WS and evidence in regards to this and a different rep told me the courts have no evidence or witness statement from either side!

I don't know whats going on I will re submit. I will post the pictures of everything here to be safe, thanks again.

teknotel

Exhibits



Witness Statement

teknotel

I am not sure if the circled article in the WS needs amending? 

Defence

Jenni_D

Your WS point 10 ... change penalty to parking, and reword the paragraph as these invoices are not illegal per se.

Coupon-mad

 The circled point...keep it only if true.  Don't copy bespoke sentences from other cases that relate to their story only.  I hope you didn't just copy that from someone else's case, about 'being local' and taking photos in 2019?

teknotel

Jenni_D said:

Your WS point 10 ... change penalty to parking, and reword the paragraph as these invoices are not illegal per se.

Will do thank you

teknotel

Coupon-mad said:

 The circled point...keep it only if true.  Don't copy bespoke sentences from other cases that relate to their story only.  I hope you didn't just copy that from someone else's case, about 'being local' and taking photos in 2019?

I have no idea. I absolutely would have adapted an existing WS in some format, but only kept the generic points.

Yes this point makes no sense so I will completely remove it.