UKPC PCN Fine/CCJ - please advise

Le_Kirk

Search the forum for "consent orders" and see what advice has been given and what other posters have done.  Would they (claimant) be offering such deals if they were confident in their case?  It looks like you have submitted a N244 without consent and presumably paid £275 already.  If you are confident in your case and you win, you do not pay the original PCN, you have the CCJ removed and you should have the £275 refunded.

Coupon-mad

Tell them no thanks, too late, you want your costs.

rodriguez51

Thank you both. So does it look better if I don't ignore them even if I'm refusing them?

The court has given me two dates even though I requested in my witness statement to combine them both for one hearing. The first one is a court hearing the second is a week later on a phone hearing.

Coupon-mad

rodriguez51 said:

Thank you both. So does it look better if I don't ignore them even if I'm refusing them?

The court has given me two dates even though I requested in my witness statement to combine them both for one hearing. The first one is a court hearing the second is a week later on a phone hearing.

Well you obviously phone up and point that mistake out and ask the Court Manager to consolidate them into one hearing.  Do that tomorrow.

rodriguez51

Coupon-mad said:

rodriguez51 said:

Thank you both. So does it look better if I don't ignore them even if I'm refusing them?

The court has given me two dates even though I requested in my witness statement to combine them both for one hearing. The first one is a court hearing the second is a week later on a phone hearing.

Well you obviously phone up and point that mistake out and ask the Court Manager to consolidate them into one hearing.  Do that tomorrow.

Already done, got to wait to hear back from the court.

Should I start a skelly now for the court date?

Le_Kirk

Do you need a skeleton argument because your case is complicated?  I have seen skeleton arguments that are more complex than the defence and WS combined.  You could do a crib sheet for yourself so that, if the judge asks and you get the chance, you can make sure you point the judge at your most powerful arguments.

Coupon-mad

In CCJ set aside cases, a skelly is a useful vehicle to bring in the 4 case authorities about the claim being 'dead' plus the BPA or IPC CoP clause to show the mandatory requirement to "check defendant details before litigation" - as seen in the CCJ thread by @Brokenchief

The reason for the skelly is because you can't attach all 4 transcripts to the initial WS, as it would go over 50 pages (court will not accept it by email). 

Hence a printed skeleton and authorities bundle being served separately, in a ring binder for the Judge.

Of course the Claimant's legal firm can put up with an email or four...

Le_Kirk

Oops, hadn't remembered it was a set-aside when I posted that despite me writing a post three or four posts upthread about consent orders!

rodriguez51

Coupon-mad said:

In CCJ set aside cases, a skelly is a useful vehicle to bring in the 4 case authorities about the claim being 'dead' plus the BPA or IPC CoP clause to show the mandatory requirement to "check defendant details before litigation" - as seen in the CCJ thread by @Brokenchief

The reason for the skelly is because you can't attach all 4 transcripts to the initial WS, as it would go over 50 pages (court will not accept it by email). 

Hence a printed skeleton and authorities bundle being served separately, in a ring binder for the Judge.

Of course the Claimant's legal firm can put up with an email or four...

So I shoud copy all of the content in the files posted by Brokenchief into one document and print a set for myself and the judge on court day? I should have included my print costs in my draft order

Does the claimant need to be emailed a copy?

Thanks again Coupon!

Le_Kirk said:

Oops, hadn't remembered it was a set-aside when I posted that despite me writing a post three or four posts upthread about consent orders!

Haha no problem! thank you

rodriguez51

Sorry to bump. Any help with above?

Thanks