I have a CCJ issued from CCBC

Le_Kirk

downwithhx said:

I can't find an email address to send this off to and have looked everywhere on google for it! I'm going round in circles!

If you are sending it to the CCBC and not a local court it is CCBCAQ@Justice.gov.uk If it is your local court, I believe court finder will give it to you: -
https://www.gov.uk/find-court-tribunal

downwithhx

Coupon-mad said:

downwithhx said:

This is what I'm going to send as my witness statement.

You need more than that.

Please click on the profiles of the 3 I linked for you and spend a day reading the WS they wrote.

The thing is though I'm not sure how I can add more details, because that's all the details there is to it? They sent the letter whilst I was out the country and also to the wrong address. 

I don't understand what else I can add to that in terms of information?

Coupon-mad

You haven't clicked on their threads yet then?

The claim was sent to an old address wasn't it?  There's LOADS you can copy from those three WS.

downwithhx

Hi everyone. I did copy more information in and get the form sent off last week via email.

Does anyone know what the next steps are? It seems about as clear as mud to me.

Do they contact me? Will I be required to pay a set-aside fee?

Le_Kirk

What form did you send? Was it a N244?  Where did you send it?  You should phone wherever you sent it and pay over the phone.

Coupon-mad

You have to ring the CCBC and pay your fee immediately.

downwithhx

OK I sent the N244 form along with witness statement and evidence of the fact I was abroad and wrong address etc.

I'll ring them tomorrow.

downwithhx

Hi Guys

I just wanted to update you to say that this has now gone to an in-person court hearing next week.

Gladstones solicitors emailed on behalf of HX to say that they will not be attending the court.

I've paid my set aside fee already...

Does anyone have any advice about what to say in court?

As a summary, here are my arguments.

1) The initial fine and following court summons was sent to my dads address

2) I was out of the country and did not respond because I was unaware that it was even happening.

3) The car was parked there for 2 minutes and didn't have any kind of grace period or warning from the man who was standing there taking my number plate down. There was no loss of earnings and it was unclear about where the actual parking belonged to.

4) I have ADHD and the forms were very overwhelming and there was no accessible format for me to use.

If anyone could please advise me about what to do that would be great.

Thanks so much in advance.

Coupon-mad

Not sure why point 4 is relevant to a set aside where you did not see the claim because it went to an old address?

The main point is you were not living there but were at a new address which was 'there to be found' had the Claimants bothered to comply with their mandatory Code of Practice and carried out a 28 pence 'soft trace' with a Credit Reference Agency.

A DVLA car address is NEVER a reliable address for service.  Say that!  Some Judges assume it is. That is wrong and it's why both CoPs require address checks prior to litigation and the DLUHC's new statutory Code makes it even clearer that that means a soft trace.

Read other set aside threads. Recent good ones are by

@parkingpains1

@hallie28

...and the one I linked in the NEWBIES thread today! 

Le_Kirk

As you have submitted your N244 form and witness statement, you should be talking to that; more likely that the judge will ask you questions about why everything went to an incorrect address; just use @Coupon-mad's words above.  Do you have a written defence ready if the judge asks if you have a reasonable chance of defending the underlying claim?  If not written down, have you practiced it in your head; maybe get someone to listen to you saying what you might say to the judge if you are asked/get the chance.