CCJ from Old Address - Seeking Advice on Draft Order and WS

Troublesum1

Morning All,

Update: I got a call this morning from the court, they told me the fee £108, however, my wife seems to be nowhere near active labour at the minute so we both decided to just get the hearing done tomorrow - yes I know this is quite risky, but we just want this done - hopefully get the oxyticin hit of a win in court!

I'm going to read the notes on the newbie thread on how to prepare for a hearing, luckily my hearing is a video one so I can be at home with my wife.

Please any advice you can give me on preparing for tomorrow I would greatly appreciate - also any help on how I'm meant to calculate my costs to ask for in the hearing if I win? Many thanks all

Le_Kirk

Telephone Hearing

Read and know your defence and witness statement inside out, make yourself a crib sheet so that, if you are given a chance by the judge to talk, you can make sure you get across ALL your points.  Dress as if you were going to the office, wear shoes, not slippers and, sometimes, it helps to take the phone call standing up - but that's just me!  Make sure the court has your phone number and follow any instructions for "joining" as closely as possible.  Be there early in case the cases in front of you move up the queue.  Be polite and do not talk over the judge, address the judge as "Judge" even if a lady judge and finally - good luck.

Only the named defendant can talk to the judge unless you are acting as lay rep, in which case research this: -
https://www.legislation.gov.uk/uksi/1999/1225/made

Troublesum1

Hi All,

I've recently realised the hearing is actually due to start at 10am so not got much time after I wake up really but I've got my head around things this night and come up with a quick crib sheet. Will post here just in case anyone has any last bits of advice. If not wish me luck, I will make sure to update you all tomorrow!

CRIB SHEET

Facts of event:

-          In preparation for moving home I was moving household items from my flat in xxx to storage (namely a nearby friend’s house)

-          At these times I would of course leave my vehicle unattended within the parking area to go to the flat and collect the items from my flat which was on the 6th floor

-          At no time did I leave the vehicle for more than a few minutes after which I would drive to the storage with the items

Defence

1.       Poorly Served PoC. Claim should be struck out as PoC fails to comply with Civil Procedure Rule 16.4 and Practice Direction Part 16

a.       The term “breach of contract” is used in PoC but the PoC did not set out the conduct which amounted to the breach – this does not comply with Practice Direction

 

2.       Primacy of Contract / Loading at Residence. At the time of the alleged breach of contracts I was loading my vehicle at my place of resident where I enjoy the right to do so given to me via my tenancy agreement. Jopson v Homeguard is a persuasive appeal case that reinforces this

 

3.       Claimant Parking Contract Invalid. Claimant has a parking enforcement contract agreement with my then Landlord however my according to my Landlord’s lease they have no right to grant any third party rights of any nature over the premises.

 

 

a.       At the very least the Claimant has not sufficiently proved to the court they had the right to allow/deny/control parking on the premises

Costs:

-          Reserved cost from set a side hearing £275

-          Cost for vacation usage to attend court £211.89 (can provide payslip as proof of daily pay)

-          Total £486.89

UncleThomasCobley

Good luck. Of course, if it looks like it isn't going your way, your wife could go into labour at an appropriate time... 

Troublesum1

ANOTHER ONE BITES THE DUST!!!

- Claimant solicitor didn't turn up
- Judge asked me to explain my defence briefly
- Stopped me after I explained my "unloading/loading" defence backed by Jopson v Homeguard
- Agreed that the cases were correct and similar then dismissed claim
- Ordered claimant pay reserved costs of set a side (£275)
- Judge deemed Claimant solicitor no show as unreasonable conduct
- as such, Judge ordered claimant pay the max of £95 for me having to take a day off
- Ordered claimant pay the above by 23/11/23

Couldn't have gone much better. Judge was nice, not overly nice but definitely very fair. He didn't mention anything about the suggestion of throwing out the claim due to poor PoC. He spoke to me like I didn't know any of the CPR, he explained all the relevant rules to me when he referenced them. This suggests to me he was ok with the fact I had used outside help to form a defence. He pretty much took my first point of defence and asked a few uncomplicated questions and accepted it. Not sure if it was because he truly felt it had merit or if he was offended by the solicitor no show.

I genuinely, genuinely cannot thank you guys enough for the help you have given me over the past year. What an amazing community this is, it is honestly beyond belief that a forum like this even exists - you people are amazing. I hope you are somehow rewarded for your kindness and tutelage. The very least I can do, and certainly will do, is keep my eye on the bigger fight and help with whatever I can. For now I hope you guys can understand but I need to take a break from this and focus on family.

A lot of people have helped me over these 2 cases but I really have to say a massive thank you to @Coupon-mad, words cannot describe how much you have helped me. If there is anyway I can help with anything please let me know I am just truly indebted to you. You are amazing.

Coupon-mad

Yay!  Costs too.  Game, set and match to you! 

ANOTHER ONE BITES THE DUST!

As well as wording, most of what we do is give people the confidence to do it and not be overly frightened of court.  Most Judges I've seen are lovely, just as you describe.

Hooray!

The only thing we ask is please come back when you can to encourage others going through CCJ set asides and court cases AND to look out on here please, for is announcing the final Government Public Consultation in early 2024, to get the darn Code of Practice secured.

We'll need lots of consumers to answer those final questions.

Oh wait!

We ask as well that you please answer this one now and use your case papers as evidence that the county court is overrun by waste of time meritless parking roboclaims sent to old addresses and it MUST STOP:

https://forums.moneysavingexpert.com/discussion/comment/80375249/#Comment_80375249

Improving the court system and sorting out the huge backlog IS NOT just about streamlining the process for claimants!

Defendants need to respond.

It's open for 4 more weeks.

Parking claims per annum are now likely as high as half a million, going by 2022 MoJ stats in the DLUHC's recent draft Impact Assessment about private parking charge levels. That's a third of all claims.  

PLEASE TELL THEM THAT!

Show them the Particulars of claim, tell them the roboclaim firm used an old unchecked address (breach of the Code of Practice, because old DVLA addresses are not a reliable address for service).

Roboclaim legal firms need banning from small claims, IMHO.  They are the main problem and they cause most CCJs.

Troublesum1

Coupon-mad said:

Yay!  Costs too.  Game, set and match to you! 

ANOTHER ONE BITES THE DUST!

As well as wording, most of what we do is give people the confidence to do it and not be overly frightened of court.  Most Judges I've seen are lovely, just as you describe.

Hooray!

The only thing we ask is please come back when you can to encourage others going through CCJ set asides and court cases AND to look out on here please, for is announcing the final Government Public Consultation in early 2024, to get the darn Code of Practice secured.

We'll need lots of consumers to answer those final questions.

Oh wait!

We ask as well that you please answer this one now and use your case papers as evidence that the county court is overrun by waste of time meritless parking roboclaims sent to old addresses and it MUST STOP:

https://forums.moneysavingexpert.com/discussion/comment/80375249/#Comment_80375249

Improving the court system and sorting out the huge backlog IS NOT just about streamlining the process for claimants!

Defendants need to respond.

It's open for 4 more weeks.

Parking claims per annum are now likely as high as half a million, going by 2022 MoJ stats in the DLUHC's recent draft Impact Assessment about private parking charge levels. That's a third of all claims.  

PLEASE TELL THEM THAT!

Show them the Particulars of claim, tell them the roboclaim firm used an old unchecked address (breach of the Code of Practice, because old DVLA addresses are not a reliable address for service).

Roboclaim legal firms need banning from small claims, IMHO.  They are the main problem and they cause most CCJs.

I certainly will do this! Thanks again!

Le_Kirk

Abso-bloomin-lootly amazing - well done!

EngineerAmber

What a fantastic story this has been such useful reading for me! Thanks all involved