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

djhodgko

Hi Coupon-mad,

Thanks for the swift response. 

Shall I word it as follows then?  

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

Yes will put my witness statement and accompanying evidence into one PDF and the draft order as a separate word document.

In regards to the N224 form shall I still enter this statement in box 3 or do I need to reword this? 

This is a mandatory set aside situation pursuant to CPR 13.2 but the Defendant has also acted promptly and has good prospects of defending any claim from this Claimant who, the Defendant has ascertained, is a serial litigator of badly prepared parking cases with little evidence. Therefore, CPR 13.3 also applies, to further support the application to set aside the CCJ.

Coupon-mad

Just get rid of the CPR ref in that part of the draft order, BUT NOT THE ENTIRE POINT, unless you can find the right CPR in @Johnersh's recent replies on other set aside threads.

Your paragraph for the N244 looks fine.

djhodgko

Ok so the draft would read......

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

It is ordered that:

1. The judgment ********** dated 23/03/2021 be set aside. 

2. The claim struck out as the claim form having not been served 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

Looks good, except get rid of capitals for the C and D.  Looks odd!

djhodgko

Yes they are just for me to change.

Would I add my name and their ame or keep as defendant and claimant? 

Coupon-mad

Keep as Defendant and Claimant (capital initials).

djhodgko

Hi Coupon-mad, 

Thanks for the information, will make sure I do that.

Just filled in the N244 form and signed/saved and now checking the Witness Statement and Draft order for formatting/spelling mistakes but saving as they should be PDF/Word and then looking to submit to the court via email today. 

Do I need to mention much in my mail or just keep it short and sweet and just advise the attached documents are for application to set aside claim No. ********* and that I look forward to hearing from them. 

djhodgko

Also which email address should I send the N224 and documents to? 

ccbcaq@justice.gov.uk or ccbcfees@justice.gov.uk? 

Coupon-mad

Second one, and add that you will phone on Monday to pay the fee by card.

djhodgko

Thanks Coupon-mad,

I submitted earlier so will make the call monday and A) check they got documents and if did pay the fee. 

Thanks again to all that have helped from everyone to get my documents in order and able to send off. 

I guess now it's a nervous wait to see what happens and keep fingers crossed for a positive outcome!