Civil Enforcement CCJ set aside. Wording help please.

Coupon-mad

That's all good.  CCJ set aside!

The judges reason was that as the examples in skeleton argument did not relate to set aside hearings they could not be used.

Makes no sense, given that the 4 authorities are not actually used in support of the application to set aside a CCJ!

They support a SEPARATE clear argument to dismiss a 'dead' claim and make the C start afresh.  Never mind!

Send the C's solicitor an email telling them the outcome and stating that if their client now discontinues the claim you will immediately claim your £275 reserved costs, which are still outstanding and were reserved by the Judge, so remain 'live'.

Remind them you live permanently in Brazil and that even if they win the second hearing you will be unaffected by a CCJ and they must NOT involve bailiffs because you do not live at (UK address).  This, their client's chances of recovering any money are zero and you invite them to pay your £275 fee and end the matter.

Give them your sort code & account number and give them seven days. You never know!

Then do your defence based on the forum's Template Defence.

vincentvega27

Coupon-mad said:

That's all good.  CCJ set aside!

The judges reason was that as the examples in skeleton argument did not relate to set aside hearings they could not be used.

Makes no sense, given that the 4 authorities are not actually used in support of the application to set aside a CCJ!

They support a SEPARATE clear argument to dismiss a 'dead' claim and make the C start afresh.  Never mind!

Send the C's solicitor an email telling them the outcome and stating that if their client now discontinues the claim you will immediately claim your £275 reserved costs, which are still outstanding and were reserved by the Judge, so remain 'live'.

Remind them you live permanently in Brazil and that even if they win the second hearing you will be unaffected by a CCJ and they must NOT involve bailiffs because you do not live at (UK address).  This, their client's chances of recovering any money are zero and you invite them to pay your £275 fee and end the matter.

Give them your sort code & account number and give them seven days. You never know!

Then do your defence based on the forum's Template Defence.

Hey hope you are well. Think I´m ready to submit my defense. Although a quick question about this line.

This was a supermarket retail park; such sites are usually free for customers.

It wasn´t a retail park, can I just change this to ´This was a supermarket car park´?

Also how long do CEL have to respond to me submitting my defense after the set aside? Will there be any kind of statute of limitations. We are already up to nearly 5 years since the incident.

Thanks a lot.

Coupon-mad

There is no such line in the Template Defence?

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

 Was going on your advice from a few weeks back, sorry for the confusion.

Coupon-mad

Ah OK!  Sorry, edit it to make sense then.

vincentvega27

Coupon-mad said:

Ah OK!  Sorry, edit it to make sense then.

Sorry one final question before I send this off.

26. In the matter of costs, the Defendant asks:

(a) at the very least, for standard witness costs for attendance at Court, pursuant to CPR 27.14, and

(b) for a finding of unreasonable conduct by this Claimant, seeking costs pursuant to CPR 46.5. 

27.  Attention is drawn specifically to the (often-seen from this industry) possibility of an unreasonably late Notice of Discontinuance. Whilst CPR r.38.6 states that the Claimant is liable for the Defendant's costs after discontinuance (r.38.6(1)) this does not normally apply to claims allocated to the small claims track (r.38.6(3)). However, the White Book states (annotation 38.6.1): "Note that the normal rule as to costs does not apply if a claimant in a case allocated to the small claims track serves a notice of discontinuance although it might be contended that costs should be awarded if a party has behaved unreasonably (r.27.14(2)(dg))."  


Do I need to mention my reserved costs from the set aside here. Thank you!

Coupon-mad

Good question:

YES and state they are 'reserved costs' and specify that £sum at point (a) then make the other two bullet points (b) and (c) because your reserved costs are most important!

vincentvega27

Coupon-mad said:

Good question:

YES and state they are 'reserved costs' and specify that £sum at point (a) then make the other two bullet points (b) and (c) because your reserved costs are most important!

Hello again,

Hope you are well. Have been sent a N180 form to complete. Looks fairly straightforward. Just to clarify should I say no to Mediation? Also anything else I should be preparing at this stage?

Thank you kindly.

B789

vincentvega27 said:
Hello again,

Hope you are well. Have been sent a N180 form to complete. Looks fairly straightforward. Just to clarify should I say no to Mediation? Also anything else I should be preparing at this stage?

Thank you kindly.

Yes... for question D1, you tick "NO" and add the text quoted here:

https://www.dropbox.com/s/73d6bfbfvogtp4e/N180 DQ QD1 response.pdf?dl=0

Boat_to_Bolivia

It's still a No to mediation. 

You will get your court date in due course.

You could get ahead of the game and make a start on your Witness Statement. Current exemplar WS are by @aphex007 and @SJRRJS which you can adapt to your claim.