Help with CCJ Set aside vs Capital Car Park Control

stickyToffee_pudding

I have aggregated all the exhibits and filled the Nr244 form. 
Is it worth including the letter I got from Dcbl which was my first touch point for the CCJ in the exhibits pack?

stickyToffee_pudding

Ok great. I aggregated all the documents and emailed the CCBCAQ and the claimant on the 27th. I just got a reply from the CCBC saying there are more than 50 pages worth of attachments in the email (this came from ccbcfees address).
So I intend to trim one of the tenancy agreement documents and have removed the 2 authorities I attached in full (Broadside Colours and Chemicals Ltd, MB garden Vs Mark Burton) and email CCBCAQ. 

Coupon-mad

Why not just do as seen in the thread by @Brokenchief and do a later pre-hearing skelly attaching the legal authorities?

Don't remove stuff.

stickyToffee_pudding

Ok. So I sent the first pack with my N244 form, WS, DO, exhibit list, all exhibits etc.
Once i get a hearing date, maybe a week before the hearing, I draft a skelly, attach the 2 relevant authorities and email ccbcaq and the claimant?
I was under the impression I could only ever send one email having read the email guidance ccbc provided

(c) only one e-mail, including any attachments, may be sent to the court to take any step in the proceedings and a party may not send another e-mail or a hard copy of any additional document as part of that step; and

KeithP

stickyToffee_pudding said:

Once i get a hearing date, maybe a week before the hearing, I draft a skelly, attach the 2 relevant authorities and email ccbcaq and the claimant?

Once you have a hearing date the CCBC - and the CCBCAQ email address - will certainly not be involved at all.
By then the case will have been transferred to a hearing court.

Coupon-mad

But there are four authorities, plus the relevant Code of Practice.

As per Brokenchief's example.  He even gave all the links in his thread, to help others find the transcripts.

You certainly do NOT email ccbcaq (a bog standard gateway call/admin centre at Northampton) later on, once the case is allocated into the hands of your chosen local court.  That would be a terrible error and would mean your skelly would not be filed with your court!

stickyToffee_pudding

Thanks both. So I will start preparing my skelly, gathering the authorities and Code of Practice to send to then local court once I know where/when it is happening!
Since my default judgement was August 2022, I presume I cannot use the 4 months dead argument. So not sure if I should attach all 4 authorities in @Brokenchief thread.
 
The 2 authorities I had are (for CPR 13.2 to apply - mandatory set aside)

MB Garden Buildings Ltd v Mark Burton Construction Ltd & Anor [2014] EWHC 431 (IPEC) (28 February 2014)

Broadside Colours And Chemicals Ltd, Re (No 2) [2012] EWHC 195 (Ch) (20 February 2012)

Coupon-mad

Since my default judgement was August 2022, I presume I cannot use the 4 months dead argument. So not sure if I should attach all 4 authorities in @Brokenchief thread.

Of course you will - I expect - when it comes to your hearing month you will be past 4 months.

You can't say it yet but you can in your later skelly in 2023!

stickyToffee_pudding

There was mention of choosing a hearing court. Once the N244 is accepted, Do I call ccbc and ask for the hearing to be conducted at a court near me?

Coupon-mad

No, it will be allocated there automatically.

You do need to call the CCBC fees phone number anyway to pay the £275 fee.

If you have any dates that you can't make a hearing in the coming months, download a N180 DQ (the form that includes non-availability dates) and have it ready to send to your local court as soon as the CCBC inform you that it's been sent there (and where).