CCJ set aside steps and N244 form

AdviceSeeker9

Hi can someone help. I’ve read the newbie posts and a whole load of threads, but have the following queries:

 

Summary

• I’ve completed a N244 form; Witness Statement (using the templates here) and the Draft Order (templates here). I’m to issue this to the Court tomorrow in seeking to set aside a CJJ against me pertaining to a historic PCN.
• I had no idea of the CCJ until a debt recovery firm contacted me on behalf of a parking enforcement company (the claimant) circa 1 week ago, at my correct current address, asking me to pay £300.
• The Claimant made a claim against me regarding a parking charge notice that I was not aware of. I’ve emailed them over the last week to instruct them to halt the debt recovery and to provide me with all data and correspondence related to me, my car and the alleged incident. They have not replied. I’ve compiled the said correspondence to support my Witness Statement.
• I have evidence (a letter from the parking company to my correct current address) that they had my correct address details 2 months prior to making the claim for the CCJ in which they used my old address. The letter relates to a separate previous PCN, in which I paid
• I will be seeking costs to be awarded to me.

My questions  

1. Do I attach the Witness Statement (and supporting information) and Draft Order with the N244 Form? Do I then serve this on the Court and the parking enforcement company (Claimant)?
2. The original CCJ was made at Nottingham CCBC. Should the N244 reference this or my local court? I don’t want to have to travel half way across the country for a hearing in Nottingham. how do I find my local court?
3. The N244 refers to a claim and warrant number. Is the CCJ number the claim number?
4. The threads suggest that there are normally 2 hearings –the first hearing will be for the Judge to decide whether I have a case; and the second to then defend the case. Is this correct?
5. Is this a case specific to the CCJ or the original Parking charge? I’m confused. 
6. I'm confident that the CCJ set aside can be won as it seems the parking enforcement company have been incompetent in using an old address when they clearly had my current address (as noted above), regardless of whether or not I updated the DVLA address details when I moved - CPR 13.2/13.3. Would you agree?
7. But I’m not sure I can defend the original parking charge. Will the Judge require me to attend a hearing to defend the original charge after the first hearing, or can this be paid? At this stage I am seeking to remove the CCJ for credit reasons and out of principle as the parking enforcement company (it's one of the obvious ones that are mentioned on the se forums daily) have acted wholly unreasonable in wasting my time and the courts. I believe this will void the CCJ and debt recovery, but may result in me having to pay the original parking fine if I cannot defend. Is this correct in principle?

 

Thank you your help.   

AdviceSeeker9

I should have also asked, do I serve the N244 on the debt recovery firm too. They have been appointed by the parking enforcement company to recover the debt, from the alleged parking incident. 

Coupon-mad

Who, DCB Ltd?  No.

The CCBC is not in Nottingham, it's in Northampton and your hearing will be at your choice of local court.  You put it on your N244.

See the thread by @Jack5656 for a recent example of a good WS and Draft Order about the '4 months dead claim' point that you may have missed so far.

AdviceSeeker9

Thank you coupon-mad, Yes I read through the @Jack5656 thread previously and have covered the 4 month reference and case law in my WS and Draft Order. I've used the templates on elsewhere on the forums which are very good. I'll message you separately about the parking company. I'm paranoid it may harm my defence in some way, I don't know why. 

Do I issue the WS and Draft Order with the N244 or can you issue to follow - I provided a summary of them on N244. Should I just say the full statement will follow or do I have to send it with the N244. I'm conscious that I will then have to send it to the parking enforcement company as well as the Court. 

Coupon-mad

I'd send it all together.

AdviceSeeker9

Thank you, will do