Civil Enforcement CCJ set aside. Wording help please.

vincentvega27

Coupon-mad said:

Ring the court to ask who to send a complaint email to and state that you think the Hearing Notice wasn't sent to the right address.  Even if it was, they knew you lived in Brazil and required a telephone or video hearing for your application and you were never emailed with hearing joining details. 

See what they tell you and get a name.

Then once you have a name of the court manager to direct it to, send an email explaining that no notice of hearing date was received, despite supplying the court with a forwarding address, state that you live in Brazil and the court was aware also of your email address but sent no email about joining a remote hearing either.

Hence you had no idea a hearing was scheduled and you request that this email should be treated as an application to reinstate, and should be placed before the Judge urgently. You have already paid £275 for your CCJ set aside application and because the lack of communication and lack of facilitating a remote hearing appears to be a case of court oversight, you trust you will not be required to pay a second application fee.

ATTACH A NEW (WORD DOC) DRAFT ORDER.

One that says what you want the Judge to order, something like:


UPON reading the Defendant's email and noting that the Defendant lives in Brazil and despite using a forwarding address, was not aware of the hearing date and was not facilitated with a method to join remotely;

IT IS ORDERED THAT the Defendant's original application be reinstated and a remote hearing by telephone or CVP be set on the first available date.

Hi there, after getting my hearing reinstated I´m (rather late) getting everything together for the hearing.

After doing a lot of reading today I´m having a panic that I´ve left eveything too late. As per usual if get´s in the way and things come round fast. Do I need to submit an MCOL? Is it too late to submit my defence? The hearing is in a few weeks. Thanks again.

KeithP

Do you really expect more help?

You took all the advice and guidance freely given back in October, but didn't even have the courtesy to tell us that that advice worked and the case was reinstated.

Coupon-mad

You already have a witness statement stating certain things so you know what to say.  Re-read it. 

The Judge might well ask you to explain your basis of defence, if they are undecided.

You will need a defence crib sheet, especially if you didn't put a draft defence in yet.  What is your main reason of defence (against the PCN), remind us?

vincentvega27

KeithP said:

Do you really expect more help?

You took all the advice and guidance freely given back in October, but didn't even have the courtesy to tell us that that advice worked and the case was reinstated?

My apologies Keith, I hope I made it clear how grateful I was for the advice at the time. Wasn´t aware you´d be interested in the result. And obviously am fully aware I´ve screwed up leaving things late. Work has been pretty intense recently, I should have given this more attention.

vincentvega27

Coupon-mad said:

You already have a witness statement stating certain things so you know what to say.  Re-read it. 

The Judge might well ask you to explain your basis of defence, if they are undecided.

You will need a defence crib sheet, especially if you didn't put a draft defence in yet.  What is your main reason of defence (against the PCN), remind us?

Thanks so much for your fast response as ever hugely appreciated.
My witness statement mostly focused on why I should be granted a set aside.

I´ve not got a huge reason for not parking there other than I wrongly assumed I could park in morrisons car park and buy my lunch from there without being given a load of grief, so I´m hoping to rely mostly on the template defence you kindly posted.

Here are my first 3 paragraphs, if there´s any way I can bump this up a bit please do let me know. I haven´t copied the rest of the template as requested.

DEFENCE

1. The parking charges referred to in this claim did not arise from any agreement of terms. The charge and the claim was an unexpected shock. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.  It is denied that any conduct by the driver was a breach of any prominent term and it is denied that this Claimant (understood to have a bare licence as managers) has standing to sue or form contracts in their own name. Liability is denied, whether or not the Claimant is claiming 'keeper liability', which is unclear from the Particulars.

The facts as known to the Defendant:

2. It is admitted that the Defendant was the registered keeper and driver of the vehicle in question.

3.  On the 8th August 2018 the defendant drove into Morrisons car park in Peckham parked his car, bought some lunch from Morrisons and left shortly after. The defendant was not aware the car park was pay and display and assumed customers of the store would be allowed to park for free. The claimant is pursuing (in their own words) a ´CLAIM FOR MONEY RELATING TO A PARKING CHARGE FOR BREACH OF CONTRACT TERMS/CONDITIONS(TCS) FOR PARKING IN PRIVATE CAR PARK (CP) MANAGED BY CLAIMANT´ The defendant has never entered into any kind of contract with the claimant. This happened 4.5 years ago so the defendant does not remember much else about the event in question.

Thank you

Coupon-mad

Change this as shown:

3.  On the 8th August 2018 the defendant drove into Morrisons car park in Peckham parked his car, bought some lunch from Morrisons and left shortly after.  This was a supermarket retail park; such sites are usually free for customers.  The defendant was not aware the car park was pay and display.   The Defendant parked in good faith having observed no signage outlining terms of any contract with the Claimant.  The Defendant avers that the entrance signage - and any terms or arrows within the car park that should have drawn attention to a payment machine - must have been wholly inadequate.  The Claimant will be put to strict proof, in the form of contemporaneous photographs from the material time showing how their signs appeared (including at the entrance) and exactly where the pay & display machine was hidden, and must explain why none if this was prominent and why they breached their Code of Practice rules regarding signage.



Remove all this (below) and DO NOT use that word 'assumed' if the Judge asks you to talk about your defence:

 and assumed customers of the store would be allowed to park for free. The claimant is pursuing (in their own words) a ´CLAIM FOR MONEY RELATING TO A PARKING CHARGE FOR BREACH OF CONTRACT TERMS/CONDITIONS(TCS) FOR PARKING IN PRIVATE CAR PARK (CP) MANAGED BY CLAIMANT

vincentvega27

Coupon-mad said:

Change this as shown:

3.  On the 8th August 2018 the defendant drove into Morrisons car park in Peckham parked his car, bought some lunch from Morrisons and left shortly after.  This was a supermarket retail park; such sites are usually free for customers.  The defendant was not aware the car park was pay and display.   The Defendant parked in good faith having observed no signage outlining terms of any contract with the Claimant.  The Defendant avers that the entrance signage - and any terms or arrows within the car park that should have drawn attention to a payment machine - must have been wholly inadequate.  The Claimant will be put to strict proof, in the form of contemporaneous photographs from the material time showing how their signs appeared (including at the entrance) and exactly where the pay & display machine was hidden, and must explain why none if this was prominent and why they breached their Code of Practice rules regarding signage.



Remove all this (below) and DO NOT use that word 'assumed' if the Judge asks you to talk about your defence:

 and assumed customers of the store would be allowed to park for free. The claimant is pursuing (in their own words) a ´CLAIM FOR MONEY RELATING TO A PARKING CHARGE FOR BREACH OF CONTRACT TERMS/CONDITIONS(TCS) FOR PARKING IN PRIVATE CAR PARK (CP) MANAGED BY CLAIMANT

To be fair, I´ve just refreshed my memory of that car park using googlemaps and there are a fair few signs. I´m not sure i´ll be able to get away with the defense that it´s wholly inadequate.

vincentvega27

Also I´m not in the country and this was nearly 5 years ago. I requested an SAR at the time which had images of the signage but  it´s long gone. After a couple of years of inactivity I cleared out the paper docs I had.

Coupon-mad

You'll see their evidence in the end.

Adequate signage - sufficiently prominent and clear to form a contract - is not just about having some signs up.  You could remove the word 'wholly' if you think it's too strong but the rest is recommended.

vincentvega27

Coupon-mad said:

You'll see their evidence in the end.

Adequate signage - sufficiently prominent and clear to form a contract - is not just about having some signs up.  You could remove the word 'wholly' if you think it's too strong but the rest is recommended.

Great thanks for the clarification. Will I able to submit this at this late stage?