CCJ Set Aside - Premier Park Limited - Gladstones

Flynn9197

I noticed a CCJ on my credit file, so I quickly sent documents to the court to set this aside. I followed the process from the Newbies thread. My court date for the CCJ set aside is 2/02/2022.

My argument was that they failed to run a credit trace and failed to issue documents to my current address as I moved shortly after the NTK.

Gladstone has just sent me their WS for the court date. They failed to contact me several times after reaching out to me, so this caught me by surprise.

They claimed they have sent a letter to my new address but they haven't copied those letters in the WS and I never received them in the post.

What should I expect from the hearing? Will the judge set aside and allow me to file a defence? How do convince the judge that I will have a successful defence?

I know it's short notice but any help would be greatly appreciated  

Coupon-mad

Have a look at @Brokenchief's thread and copy what he did before the CCJ hearing (skeleton argument with 4 case authorities) to argue that an improperly served claim is dead, plus attach the BPA CoP clause he links in his thread.

Your first argument (apart from the CCJ being set aside under CPR 13.2 or 13.3) is that the claim itself is dead and must be dismissed too.

I assume with your WS you already filed & served proof of your move/address and things like your Council tax car V5C or utility bills all changed in good time, proving you were 'there to be found' had they done the 'soft trace' required by their Code of Practice?

Flynn9197

I copied in a signed tenancy agreement which shows a change of address before they had issued any court proceedings. I have seen that they have produced a letter to my new address but do swear I never received this as I would have actioned it.

It seems like they run the soft trace and found my new address but because I never responded to that letter (Didn't receive it) they issued the claim on the original address from DVLA.

Coupon-mad

We saw the exact same thing earlier this month in another CCJ set aside case; hearing was last week - thread by @Toyaboya2 - with a supposed single letter sent to their new address (apparently, a non-existent letter, like yours...never received).

Read their thread and don't get wobbly!

Flynn9197

Do I need to send my Skeleton Argument to the court and the claimant before the court date?

Will read up on that thread

Flynn9197

Are there any good discussions on Crib sheets for the CCJ set aside hearing?

Coupon-mad

No because your crib sheet is personal to help you and only you, on the day.

Bullet points of what your main points are. Written so you will be able to follow it

Le_Kirk

Go through your witness statement (WS) and decide what are the most important points, highlight them and decide on the order you want to use them, when you write your crib sheet, put down as point 1, the paragraph number of the WS that you have decided is the most important and then point 2 etc.  If you want, you could put a small note next to Point 1 BUT do not rewrite your WS on your crib sheet.

Flynn9197

Sorry for the delayed response,

The CCJ was set aside. The judge didn't award me costs but will allow me to submit a defense 

Coupon-mad

Flynn9197 said:

Sorry for the delayed response,

The CCJ was set aside. The judge didn't award me costs but will allow me to submit a defense 

Very good.  Shame about the costs but are they 'reserved' until the final hearing?

Did a rep attend for the Claimant and argued against your application?

Do you know the Particulars of Claim you are defending against; have you been sent a copy of the claim?

Found the Template Defence thread?  Obviously your defence DOES NOT get emailed to the CCBC at Northampton though because your case is already allocated to your local Court.

Flynn9197

Apologies for the delayed response, Work has been hectic the last few weeks.

No rep attended,

I have finally been sent the PoC on the 7th of March so have until the 21st to send a defence.

I guess I need to go over the newbie thread again to familiarise myself with everything.

I wasn't the driver at the time which is what I told the judge and when he asked about my defence he kinda suggested it should be based on the schedule 4 freedoms act 2012. I never received any communication from them due to moving house several times in the last couple of years and they must have requested the details from DVLA just as I moved so, therefore, got the old address. Does this mean I still have the right to transfer liability to the driver? it's a long shot but hoping I can.

   Should I post a copy of the PoC and remove all the sensitive info?