Unexpected CCJ

verdomde

Grizebeck said:

verdomde said:

Frantically sent it off late this morning. Sure it's too late, but notuch I am do no I think. Just reading over what I've sent. I guess I should iron a suit. Wish me luck, I don't feel like I prepared well

Its your arguments. How you argue a point and how your persaude that matters.

ha ha, I've no chance. Appreciate all the help and support here anyway, if I lose its my own fault

verdomde

Waiting for the hearing and worrying a little that I may have not sent a copy of the application to set aside (n244) to the defendant.. Is that something I a responsible for doing? So long ago I can't recall

Le_Kirk

Did you mean claimant, as you are the defendant?

verdomde

oops, yes.. still thinking o myself as the wronged party haha

Coupon-mad

No, the application will have been communicated to the Claimants by the CCBC.

You are the Defendant!

Assuming your case is about a claim served to an old address (as most are) the only thing to worry about is how to convince a Judge that it is NOT OK for a PPC to serve a claim to an old DVLA address, without doing the checks/soft trace that the Government explains are necessary in paragraph 10 of the new incoming statutory Code.

Read the final posts in the threads by:

@Jack5656 and

@aluminiumminimumimmune

to see how they got on at their CCJ set aside hearings, and how very difficult a Judge can make it, if they start off against you.

Practise sitting at a desk with your paperwork, and voice out loud "drawing a Judge's attention to your exhibits" including the BPA or IPC Code of Practice (the bit about having to check before LBC) and the 4 case authorities I assume you've filed & served already with a skeleton argument.

verdomde

(sorry, i didn't see your post c/m)

Didn't go well

She had my skeleton at least, but I don't think she cared about it.

It was just me and her, she began by asking about when I changed my v5c, I tried to see if it was in the witness statement, she looked around a bit for it, but now I recall I don't have it because DVLA (and the rest) never responded to my SAR, I found an email in my phone that suggests it may have been after the pcn, which I think is likely. Though I said to her a DVLA address is not a service address.
She then asked how I would defend the PCN, I had nothing to say about that, 'it was long ago, I probably came and left as I had no reason to stay at a small coop for ages, it was dark'.
She then started talking about the DVLA address update, she said its the way the parking companies normally do it. I interjected again that it's not for use as a service address but she said 'these are my findings', to which I thought maybe she was dictating and wondered if it was final or we'd talk about the other stuff in the skeleton argument after. But she went on to say she found they had served correctly, so no mandatory set aside.
But then said she will do it discretionally as I no longer lived at the address. I have 28 days to defend the PCN, and no costs will be covered. So am now down £410 instead of the £250 i should have just paid to clear the ccj

Coupon-mad

No you shouldn't because that would not have removed it unless you had the chance within 30 days of the CCJ.

You now have it wiped, and a chance to defend. At least she set it aside - yay!  PHEW!

I really wish you'd asked a few days sooner and read my post.  What is said at the hearing is all down to you and (as they say) a failure to prepare is preparing to fail.

 If you'd simply taken her to the BPA or IPC CoP and the new Code of Practice, that evidence makes it expressly clear that parking firms CANNOT rely on old DVLA addresses for court and MUST do a soft trace.

This is why these things were in your exhibits.  For you to use. This sadly tells me you were unprepared:

"She then asked how I would defend the PCN, I had nothing to say about that".

Nonono... absolutely the wrong answer at a set aside hearing.  As seen in ALL our advice and in all the other cases here, you MUST have the basics of a defence up your sleeve.

I'm so sad you didn't realise this from our advice.  Preparation was key.

But hey, the CCJ is gone!

You were very, very lucky she set the CCJ aside given you didn't draw her attention to what the Codes of Practice say about soft traces being mandatory, and you didn't voice much of a convincing defence.

Now do a proper defence and prepare well (and better) for winning that hearing.

Obviously 'dark unlit signage' is a strong defence point and of course we have many, many examples of defences about PCNs where people have no idea what happened because it was so long ago.
 Search the forum for unremarkable day defence and copy and adapt one.

They are based on the Template Defence at the top of this forum. Use that but DON'T email it to the CCBC at Northampton, of course!

. So am now down £410 

...how so? Surely only the £275 fee?  You aren't paying the parking charge claim.

verdomde

All the prepin the world won't make me talk well under pressure, was expecting a light discussion, was more like a steamroller late for lunch.

Will decide tonight but likely just pay, I don't like the stress and all the hard work.

I made up the bit about the signs  I wouldn't rember, and it's a well lit carpark

Coupon-mad

Don't pay. Take a breath.

You succeeded in the CCJ being wiped!

You can use our template defence.

You can email (now) for a SAR to get all their photos so you can see what evidence they hold. Have you done that yet?  Do you know whether this PCN was in daylight or not?

You realise you could easily do the above as a first step and still then decide to email an offer to settle, once you see their photos, if you are convinced you have no case?

verdomde

I thought I'd posted the pics in here earlier, let me check and re-post.
I went to pay qdr and the total cost is £289, they've added £117 in their own fees.
So am >£550 down, i'd advise anyone just to pay the ccj- even having it on my credit score barely changed the score.

I got a General Form of Judgement or Order through, Says 13.2 not found as claim had properly been served at last known address, no evidence 6.9(3) applied but set aside due to 13.3 as i hadn't received the form and application was made promptly.

Its ordered that the previous judgment be set asidem defendant shall file and serve a defence by 4pm 4th Jan, no order for costs

Kinda makes it sound like i need to file whether i want to or not?
There's no advice or anything on how to file and serve, it's really an unkind system to the layman. The whole thing is distressing and it's better just to avoid