Civil Enforcement CCJ set aside. Wording help please.

Coupon-mad

Late stage?

vincentvega27

Coupon-mad said:

Late stage?

Hearing is in 2 and a half weeks.

Coupon-mad

And this is to re-hear your set aside application?

I didn't tell you to put a defence in.  I said to have one as a crib sheet.

vincentvega27

Coupon-mad said:

And this is to re-hear your set aside application?

I didn't tell you to put a defence in.  I said to have one as a crib sheet.

 Apologies, I was getting mixed up with the various processes. Going through emails today I´ve noticed an outright lie that that CEL are claiming. Also they have made it clear not be attending any hearing.

We hereby give notice that we will not be in attendance at the hearing. We kindly request that the following points be taken into consideration at the hearing:

 

1. The Claim and all correspondence has been sent to the address provided to us by the DVLA on 09/08/2018, after the violation which took place on 08/08/2018. Please note that this is the same address that the Defendant has provided as their address for service on the application to set aside judgment.
2. Please note that in keeping with the overriding objective (CPR 1.1), the Claimant made an offer to set aside the Judgment and settle the Claim (see attached), however, the Claimant has not received any response.
3. If the Judge believes it appropriate, the Claimant agrees to the removal of the Judgment and for the Claim to be restored or settled upon payment of £135 being made to the Claimant by the Defendant, and no order for costs against the Claimant being made as the application was of the Defendant’s own making. For the avoidance of doubt, this is because the correspondence and the claim form itself was sent to the last known address for service, as supplied to the Claimant by the DVLA.
   
   
   
   Please note that this is the same address that the Defendant has provided as their address for service on the application to set aside judgment.
   
   This is absolutely not true. I guess having some documents at the ready proving my change of address and driving license etc would be the right thing to do here.
   
   Other than this I just need have my defenses well rehearsed and written down and do the test call in for the conference call?
   
   Thanks you
   
   
   
   
   

 

Coupon-mad

This is absolutely not true. I guess having some documents at the ready proving my change of address and driving license etc would be the right thing to do here.

You were meant to send evidence of your moving out and not being at that address, with the N244 and WS.  What have you already supplied by way of moving address evidence?

vincentvega27

Coupon-mad said:

This is absolutely not true. I guess having some documents at the ready proving my change of address and driving license etc would be the right thing to do here.

You were meant to send evidence of your moving out and not being at that address, with the N244 and WS.  What have you already supplied by way of moving address evidence?

So this is what I put in my statement

The address on the claim is xxx. I moved to my mother’s address on x November 2020 – xxx due to chronic illness.
In support of this I can provide my current UK driving licence and a bank statement. I am also on the electoral register and was receiving state benefits at this address at the time.

8. I did not receive any notification of the claim until xxx 2022. I contacted CCBC to obtain the particulars of the claim.

10. It should be highlighted that the integrity and law-abiding intention of the Defendant should be taken into consideration on the basis that;

Sequence of Recent Events

11. In xxxx 2021 I renewed my driving licence and updated my address with the DVLA. Although there was a huge backlog at the time, I received my new, updated licence on the 8th September 2021.

12. On xxx 2022 I received news of a judgment for claimant for £342.9. The current tenant of my previous address alerted me.

Should I try and submit the docs before the hearing? Thanks

Coupon-mad

Updating your driving licence wasn't the problem. The DVLA address given out to parking firms is the one the car is registered to (the address on the logbook).  That was out of date. Is it correct now?

You need to send your address evidence with a 'supplementary witness statement',

and

a costs assessment for your wasted £275 fee, your printing costs (see below) and your loss of a day's salary or loss of a day's leave, for attending court;

and 

a skeleton argument with 5 attachments  = specifically, 4 case law transcripts printed in full plus an excerpt from the BPA Code of Practice (the section about checking address details before any Letter before Claim).

See the thread by @Brokenchief which gives you all you need.  Deliver the above in a ring binder with page numbers, to the local court in person, TWO WEEKS before the hearing (i.e. this week!).

Send CEL the same stuff but by email and if necessary across 2 or 3 emails (the transcripts are large PDFs).  Do NOT try emailing all that to court as they will refuse to print over 50 pages.

vincentvega27

Coupon-mad said:

Updating your driving licence wasn't the problem. The DVLA address given out to parking firms is the one the car is registered to (the address on the logbook).  That was out of date. Is it correct now?

You need to send your address evidence with a 'supplementary witness statement',

and

a costs assessment for your wasted £275 fee, your printing costs (see below) and your loss of a day's salary or loss of a day's leave, for attending court;

and 

a skeleton argument with 5 attachments  = specifically, 4 case law transcripts printed in full plus an excerpt from the BPA Code of Practice (the section about checking address details before any Letter before Claim).

See the thread by @Brokenchief which gives you all you need.  Deliver the above in a ring binder with page numbers, to the local court in person, TWO WEEKS before the hearing (i.e. this week!).

Send CEL the same stuff but by email and if necessary across 2 or 3 emails (the transcripts are large PDFs).  Do NOT try emailing all that to court as they will refuse to print over 50 pages.

Hi I sold the car in (I think) 2019. Will I need to find a way to prove this?

Coupon-mad

No, it is irrelevant.

vincentvega27

Coupon-mad said:

Updating your driving licence wasn't the problem. The DVLA address given out to parking firms is the one the car is registered to (the address on the logbook).  That was out of date. Is it correct now?

So because I sold the car in 2019, it was automatically no longer registered at my address? Or is there something I need to do here. Sorry a bit confused.