Help with a CCJ Set Aside please?

Mars28

Thanks very much C-M. Changes made, and you’re right I meant 13.2 - I’ve had a phase of miss remembering the number!

I think I’m set to submit now. Hopefully my last question: the court order says C and D to submit WS by X Date. As I want to give the C as little time/no time to read and respond to mine, do you think I submit my WS the night before the day, or late on the actual day?

I’ll confirm with the court the following morning anyway, I just want to make sure I’m technically correct and not late with my submission, but not giving the C a full day to manipulate their WS.

Le_Kirk

influenced the judge’s decision to not to throw out

I thought I had changed this to

influenced the judge’s decision not to not to throw out

Mars28

Thanks again, I've correct that now. Also just found another photo to put in which helps tell the story even more so adding that into my exhibits.

Just need to decided when to e-mail it all in now, probably tonight, but debating abut later tomorrow to make sure C doesn't have Monday to do theirs having seen mine. It's supposed to be in by 24 Oct, which I'm not sure if it's 'by start of' or 'by end of 'the day.

Coupon-mad

It will be by 4pm so email it at 3pm tomorrow.

1505grandad

"It will be by 4pm so email it at 3pm tomorrow."

For what it is worth a couple of pedantic observations:-

a (the) not required in paras 8 and 25:-

"8.   It is admitted that (the) I was the registered keeper....."

"25. The Claimant pursued (the) me as Keeper or Driver...."

Also para 24 b  -  "The original Notice to Keeper was for £60,....."  -  was the NtK for £100 discounted to £60?

Mars28

Thanks, will review those paragraphs and make the changes. Always very happy to receive feedback and help, thanks.

Reference para 24b charges, you’re right it’s £100 reduced to £60, then they sent a letter 2 months later which increased it to £140 with no reduction offered. The LoC then increases it to £170. I’ll make the paragraph clearer.

thanks for the advice on submission time, will send it at 3pm tomorrow.

Mars28

I've received the C's WS now - mostly waffle and irrelevant to my Defence - obvious copy and paste. Just got to make sure I convince the judge I wasn't the driver which I think is obvious, but i guess anything can happen in the court. Concentrating on the argument that C misled the court now - what do you think of my Costs assessment?

https://www.dropbox.com/s/oj0ajpcvii8scz2/Costs%20Assessment%20-%20redacted.docx.pdf?dl=0

Fixed Costs: £635

Unreasonable behavior costs: £788

A good punch back at the C, or just no hope in the small claims court?

Thanks for your points

Le_Kirk

You will need to break down both of those figures so the judge can see exactly what it has cost you.

Mars28

Thanks. I've broken them down in the linked costs assessment. I've now tried copying it in but the formatting goes all wrong

1. Standard Witness Costs. Pursuant to CPR 27.14, I ask for standard witness costs totaling £635.07, broken down by:

Ser	Description	Hearing XXX	Hearing XXX	Comments	Total
1	N244 Set Aside Fee	£275	N/A		£275
2	Standard Witness Costs	£95	£95		£190
3	Travel Costs	£1.80	£144.90	Ref 1	£146.7
4	Parking	£1.10	£3.30		£4.40
5	Printing	£10.98	£2.99	Printing 2.99 per month plus 7.99 for paper	£13.97
6	Trust Online Application	£5	N/A		£5
				Grand Total:	£635.07

(Ref 1: Travel Costs for a return journey from XXX (my place of work midweek) to XXXX Court. 322 miles, at 45p per mile, sum £144.99)

Unreasonable Conduct. Pursuant to CPR 46.5, I also ask for a finding of unreasonable conduct by the Claimant and the award of costs to be paid by the Claimant, to the sum of £788.50:

Ser	Description	Hearing 1	Hearing 2	Comments	Total
1	Litigant in Person Costs @£19ph	£522.50	£266	See paras below for break down	£788.50

Ser	Activity	Duration	Cost @ £19ph
1	Engaging with the County Court Business Centre upon discovering CCJ to understand issue	1 hr	£19
2	Researching, drafting and submitting N244 application	1 hr	£19
3	Researching Parking Law and relevant cases	11 hours	£209
4	Drafting and responding of emails, including submission of SARs	2 hours	£38
5	Drafting Witness Statement and Draft Order for initial Hearing	10 hours	£190
6	Reading guidance on Litigant in Person	30 mins	£9.50
7	Preparing for Court (Crib Card, revision of arguments / draft Defence)	2 hours	£38
	Hearing 1 Total:	27 hrs 30 mins	£522.50
8	Drafting subsequent SARs	1 hr	£19
9	Drafting Defence for 2nd Hearing	5 hrs 30 mins	£104.50
10	Drafting Witness for 2nd Hearing	5 hours	£95
11	Engaging with Claimant	30 mins	£9.50
12	Preparing for Court (Crib Card and revision of arguments and Defence	2 hours	£38
	Hearing 2 Total:	14 hours	£266
	Grand Total:	41 hrs 30 mins	£788.50

Coupon-mad

Hard to see figures but we don't need to. Looks like a thorough assessment. Save your version as a PDF.