ccj for parking fine

rms22

B789 said:

@rms22 Either way, you are going for set aside. Once set aside the original PCN will either be thrown out or re-served depending on the judgement. Again, either way, you will either defeat it at the next hearing or you'll have to pay the total amount claimed.

In a consented set aside, the PPC will probably expect you to cover all the costs and the amount of the PCN plus their add ons. So what if there is the prospect of another hearing in the future? You know the process now and you know that 99% of these PCNs, properly defended as advised on here win or are discontinued before the hearing. The 1% that lose either didn't follow all the advice or just gave in.

You've come this far yet you're prepared to just fold and shell out hard earned money to a bottom-dwelling PPC.

Do you want to be a 99 percenter or a 1 percenter?

You're right. Thank you. 

rms22

I'm not sure what to put for loss of earnings as I'm self employed. What would be a reasonable fee ?

XXXX

(Claimant) 

- and -  

xxxx

 (Defendant)

_________________

DEFENDANT’S SCHEDULE OF COSTS

 

 

(a) Ordinary Costs

 

Court fee for N244 application for set-aside:	£ 275.00
Loss of earnings/leave, incurred through attendance at Court	£ 90
Sub-total	£ 365

==================

(b) Further costs for Claimant's unreasonable behaviour, pursuant to Civil Procedure Rule 27.14(2)(g)

There is no reasonable justification or lawful explanation for the Claimant's conduct

The following additional costs are sought on the indemnity basis for the Claimant's unreasonable conduct based on the facts of this case.

Research, preparation and drafting of documents (8 hours at Litigant in Person rate of £19.00 per hour)	£ 152.00
Sub-total	£ 152.00

 

==================

(£365) + (£152) = £ 517.00 TOTAL COSTS CLAIMED

Coupon-mad

Yes - complete page numbering...!

The standard daily rate is £95 unless you can show you've lost more money than that for attending a hearing.

rms22

Coupon-mad said:

Yes - complete page numbering...!

The standard daily rate is £95 unless you can show you've lost more money than that for attending a hearing.

Ok thanks - I'll just leave it as £95.

RE the page numbering - how do I add page numbering on the transcripts as they are PDFs. 

The last page number I got to for what I sent along with the N244 application was 13, so I just carry on page numbering from there? ie. 14, 15, 16 for the three SA sheets, 17, 18 for the Costs Schedule and then 19, 20 so on for each and every page in the 4 transcripts?

If so I could page number with a pen on the papers I need to file but how do I do so with the PDF copies I email to CE?

I'd like to get this all done today so I'll have to go out and buy two A4 binders and a hole punch as well. I'll add these to the Costs Schedule as well if that's ok.

rms22

I really need to print this off and get it sent off today so I'm printing these sheets off now and then I'll email it all to CEL. I'll have to page number all the sheets from the 4 authorities by hand as I just haven't got the time to do it electronically editing each and every page of the PDFs. 

Do I just walk in and ask someone where to hand the paperwork in ?

Boat_to_Bolivia

rms22 said:

Do I just walk in and ask someone where to hand the paperwork in ?

Yes.......

rms22

Boat_to_Bolivia said:

rms22 said:

Do I just walk in and ask someone where to hand the paperwork in ?

Yes.......

Thanks. Printing everything off and then will page number and drop it off.

I'll send everything via email to these email addresses 'Legal3@ce-service.co.uk'; 'office@ce-service.co.uk'; 'dataprotectionofficer@ce-service.co.uk'

Can't remember why I CC'd those email addresses in the original N244 application email but I guess it doesn't matter if I don't for this email ? 

rms22

I've sent everything.

Just one thing, something I've been thinking about ... if the likes of CE and the other rogue PPCs get these N244s often, which they obviously do as mine is one of seemingly many set aside applications, and pretty much a copy and paste of other's work, then don't they just think what is the point in pursuing it. I guess, in other words, what I'm asking is - is there any chance they might read the SA and Costs and decide not to go ahead with it. 

Their legal team has obviously seen this SA and 4 transcripts before and therefore know what the outcome is very likely to be.

I've read in other set aside threads that in almost every case it seems as though the claimant doesn't show up. Will that be the same with mine ? I've not heard anything from them re whether they'll be attending.

rms22

.... I've just received an email from CE... they won't, as expected, be attending.

Dear Sir,

Re: XXXX v XXXX

Claim No: XXXX

We refer to the above, and the hearing to set aside judgment scheduled to take place on 28/2/2023

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 XX/XX/2018, after the violation which took place on XX/XX/2018. Please note that the Defendant has provided an alternative 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 £95 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.

rms22

@Coupon-mad I've just read Brokenchief's thread again as he got the exact same email (see above) from CEL, and you advised him as to what to do. Shall I email them back with the following text (basically your advice for Brokenchief)? 

Dear Sir

Costs are an important part of my application, as is the right to then defend the claim in the event that it is not struck out due to want of service within 4 months of filing the claim.

Due to their own unreasonable conduct, there is no reason for the Claimant to expect the Defendant to shoulder the £275 application costs or to settle a claim that must be struck out, based upon binding case law authorities.

The Claimant knows that - as usual, because this is repeated conduct likely to amount to a reported ten thousand or more times every year - it caused this CCJ by negligently breaching the BPA Code of Practice by running with an old/unchecked DVLA car registration address and failing to spend 29 pence on the 'soft address search' the BPA mandates. 

The Defendant will not accept a Consent Order that leaves them out of pocket and this is a perfectly reasonable position under the circumstances involving this vexatious litigant.

The Defendant hereby appends their costs assessment of £275 and there will be further loss of salary/leave for attending the hearing.

In support of the argument that the claim should also be dismissed for want of service, and that it cannot now be resurrected by any court, the Defendant hereby has filed and served a skeleton argument to assist the court, plus the BPA Code of Practice and four case law authorities including one from 2022.

Yours Faithfully