Civil Enforcement CCJ set aside. Wording help please.

Coupon-mad

When the PCN was incurred the PPC were given whatever address was on the logbook and that's where the PCN went. If that was a previous address that's why you heard nothing at all about the PCN, if I understood you correctly.

But the fact you since sold the car is irrelevant.

Please go to Brokenchief's thread and do exactly as I advised.  This week.  NOW.

vincentvega27

Coupon-mad said:

When the PCN was incurred the PPC were given whatever address was on the logbook and that's where the PCN went. If that was a previous address that's why you heard nothing at all about the PCN, if I understood you correctly.

But the fact you since sold the car is irrelevant.

Please go to Brokenchief's thread and do exactly as I advised.  This week.  NOW.

Sure I´m doing it all today.

Just to clarify I saw the PCN at the time in 2018, began to contest it, heard nothing, CEL waited until I moved house 3 and half years later and issued a claim, which I missed as I no longer lived at that address, hence the set aside hearing in a few weeks. The parking incident was nearly 5 years ago now.

Coupon-mad

That IS all relevant, as are the 5 attachments that go with the skelly.

Before litigation, CEL had to make an effort/take sufficient steps to check the old address from 5 years ago was still serviceable and indeed, they had reason to believe it WASN'T (because you'd stopped replying).

BPA Code says they 'had' to check (do a soft trace) and they failed to do so.  By their deliberate or negligent breach of the BPA CoP they caused the claim to not be served (at all).

Therefore the unserved claim is dead and the 4 case authorities show that the courts have no power to reinstate or breathe new life into a dead claim.

CEL can start again (fresh claim, properly served) but this one must be dismissed and your costs paid.

vincentvega27

Coupon-mad said:

That IS all relevant, as are the 5 attachments that go with the skelly.

Before litigation, CEL had to make an effort/take sufficient steps to check the old address from 5 years ago was still serviceable and indeed, they had reason to believe it WASN'T (because you'd stopped replying).

BPA Code says they 'had' to check (do a soft trace) and they failed to do so.  By their deliberate or negligent breach of the BPA CoP they caused the claim to not be served (at all).

Therefore the unserved claim is dead and the 4 case authorities show that the courts have no power to reinstate or breathe new life into a dead claim.

CEL can start again (fresh claim, properly served) but this one must be dismissed and your costs paid.

Thank you so much, making more sense now. How is this for a supporting witness statement?

Supporting Witness Statement of Defendant

1.     I am xxx of xxx and I am the Defendant against whom this claim is made. The facts are true to the best of my belief and my account has been prepared based upon my own knowledge.

2. I have been living in Brazil since xxx 2021 and would like to request any hearings be done remotely. I have a UK forwarding address at xxx  and would like to request any further correspondence be sent there.

3. The address on the claim is xxx I moved to my mother´s address at xxx due to chronic illness on 1st Nov 2020. In support of this, I can provide a PDF copy of a bank statement, a scanned copy of my driving licence which I updated with the DVLA in June 2021, and a webpage from my online universal credit account showing a change of address.

 

Statement of Truth

I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

signed & dated

vincentvega27

Coupon-mad said:

That IS all relevant, as are the 5 attachments that go with the skelly.

Before litigation, CEL had to make an effort/take sufficient steps to check the old address from 5 years ago was still serviceable and indeed, they had reason to believe it WASN'T (because you'd stopped replying).

BPA Code says they 'had' to check (do a soft trace) and they failed to do so.  By their deliberate or negligent breach of the BPA CoP they caused the claim to not be served (at all).

Therefore the unserved claim is dead and the 4 case authorities show that the courts have no power to reinstate or breathe new life into a dead claim.

CEL can start again (fresh claim, properly served) but this one must be dismissed and your costs paid.

Seems I can just copy the skeleton from directly from broken cheif. Is there a template for a cost assessment I should use? Thank you.

Coupon-mad

Well I think just head up a piece of paper as a Costs Assessment and put your costs down (£275 set aside fee).

In your WS, refer to each attached piece of evidence by exhibit number.  You have to attach it all now (not offer to supply it).

vincentvega27

Coupon-mad said:

Well I think just head up a piece of paper as a Costs Assessment and put your costs down (£275 set aside fee).

In your WS, refer to each attached piece of evidence by exhibit number.  You have to attach it all now (not offer to supply it).

Brilliant thanks,

One last question , would I be able to send all this special delivery to the court? Or use a courier? As I´m out the country it will be quite a big ask asking anyone to go to the court for me, it´s nearly an hour and half round trip.

Coupon-mad

I don't see why not (add printing and postage costs to your Costs Assessment).

Then phone the court next week to check all is in order and remind them you are in Brazil so the hearing MUST be remote.  Unless you are already certain your hearing is already arranged as a remote one, do NOT assume it will be.

A court clerk won't read the WS so will not know.

vincentvega27

Coupon-mad said:

I don't see why not (add printing and postage costs to your Costs Assessment).

Then phone the court next week to check all is in order and remind them you are in Brazil so the hearing MUST be remote.  Unless you are already certain your hearing is already arranged as a remote one, do NOT assume it will be.

A court clerk won't read the WS so will not know.

As ever, such a fantastic source of information. Thanks so much will be in touch to let you know how it went.

vincentvega27

Coupon-mad said:

I don't see why not (add printing and postage costs to your Costs Assessment).

Then phone the court next week to check all is in order and remind them you are in Brazil so the hearing MUST be remote.  Unless you are already certain your hearing is already arranged as a remote one, do NOT assume it will be.

A court clerk won't read the WS so will not know.

Hi there,

Has the hearing today. It was set aside but sadly not thrown out. The judges reason was that as the examples in skeleton argument did not relate to set aside hearings they could not be used. Possibly I explained something wrong or gave a wrong answer somewhere, not sure if I messed up somewhere.

She gave me 2 weeks to file a defense in the case of trial and costs were reserved.