Parking final from Civil Enforcement Ltd and resulting CCJ - Help Needed!

djhodgko

Point 6 should read.....

6. The claim be dismissed or struck out for want of service within 4 months of issue. CLAIMANT has the option to issue afresh, the merits of the claim not having been ruled upon

Le_Kirk

I was wondering where that had gone!

Coupon-mad

I think that is better.  I reckon you've said all you can.  See what @Johnersh thinks if he has time.

Johnersh

The claimant wants:

1. The judgment set aside, pursuant to r. Cpr xx (whichever rule is relied on) 
2. The claim struck out, pursuant to CPR xx, the claim form having not been served under cpr xx within 4 months of issue
3. Costs

The rest is either for the statement or oral argument.  The court apply rules. In amongst the story, dont forget to demonstrate the rule. If you can find powerful case authority, deploy it. 

Coupon-mad

The claimant wants:

The Defendant, not the Claimant - I know you deal mainly with Claimants!

djhodgko

Morning, 

Thanks for you feedback given last night @Coupon-mad & @Johnersh

I have therefore re written my draft order to look like the below.If all looks ok am I ready to submit? 

In regards to submitting do I just get everything together and send via email to the court? No need to call them? When do I pay the £255 fee? 

1. The judgment dated 23/03/2021 be set aside pursuant to Cpr 13.2. 

2. The claim struck out, pursuant to CPR 13.2, the claim form having not been served under CPR 13.2 within 4 months of issue

3.The Claimant do pay the Defendant’s costs of this application on an indemnity basis.

4 The absence of any response to mandatory pre-action correspondence created at least the likelihood DEFENDANT had moved which therefore mandated further enquiry.

5 CLAIMANT was not entitled to default judgment having failed to comply with basic enquiries to obtain a service address and having failed to serve on DEFENDANTS usual residential address.

6. If set aside, the claim having never been served, is dead. CLAIMANT has the option to issue afresh, the merits of the claim not having been ruled upon - if they wish to avail themselves of that. 

Le_Kirk

Read what @Coupon-mad wrote here: -
1 December at 12:25AM

1505grandad

"When do I pay the £255 fee?"  -  I believe the fee is now £275

djhodgko

Apologies I've got that many word documents open I copied and pasted from an order draft order. 

The one I currently have to go with for Draft Order is below for comments.

In regards to fee's is it best to leave a figure out of Witness Statement and Draft order and just state claimant to cover any associated costs of defendants? 

UPON reading the defendant’s application dated **/12/2021

It is ordered that:

1. The judgment ********** dated 23/03/2021 be set aside pursuant to Cpr 13.2. 

2. The claim struck out, pursuant to CPR 13.2, the claim form having not been served under CPR 13.2 within 4 months of issue

3. The Claimant do pay the DEFENDANTS costs of this application on an indemnity basis.

3.  The claim form was served (sent) to an incorrect address and the CLAIMANT had no proper basis to assert they sent the claim to a last known address, where no enquiry was made to ensure that it was still in use and DEFENDANT was "there to be found" on a simple directory enquiry check. The absence of any response to mandatory pre-action correspondence created at least the likelihood DEFENDANT had moved which therefore mandated further enquiry.

5. CLAIMANT was not entitled to default judgment having failed to comply with basic enquiries to obtain a service address and having failed to serve on DEFENDANTS usual residential address.

6. CLAIMANT has the option to issue afresh, the merits of the claim not having been ruled upon

Coupon-mad

. The claim struck out, pursuant to CPR 13.2, the claim form having not been served under CPR 13.2 within 4 months of issue

That bit has nothing to do with 13.2.  Remove 13.2 from that paragraph.

Don't forget the Draft Order is a WORD document attachment, the rest being PDFs.  Yes you can be vaguer about your costs.  You email it all to the CCBC then phone them the next day to check they got it and to pay £275.