CCJ from a private car park

JaySH

Awesome. You have no idea how helpful this is for me.
So as mad-coupon mentioned. I was confused and I thought that WS and Draft order was part of the same document. So to make myself sure that I am doing it right this is what I need:

1. Pay court fee
2. N244 document. Copy the WS to section 10 of N244? or attached WS to the N244 in PDF format as mentioned in step 3.
3. Witness statement. PDF format
4. 3 point draft order (as point 4 was removed)
5. All the evidence attached to the WS. Hopefully get the DVLA proof of address, insurance policies and bank statements.

In regards the skelly. Shall I send all as WS or separate paras 17-29 in another pdf document as skeleton argument?
And the last question (hopefully).

For draft order do I follow this document? As mad coupon mentioned about the standard heasdings
https://www.gov.uk/government/publications/form-n24-general-form-of-judgment-or-order 

Thanks in advance and sorry for the inconvenience

1505grandad

Just checking  -  can you confirm who the claimant is please?

B789

Remember that as the applicant you should have acted promptly as soon as you found out about the CCJ. The CPR don't define what is "prompt application". The judge dealing with the application will use their discretion. The judge can refuse the application if there has been a delay that cannot be justified.

You make the application on form N244 and pay the appropriate fee. You won't have to pay the fee if you can prove that you are entitled to "fee remission". You can send a completed fee remission form if you are entitled to it, along with any required evidence. See: https://www.gov.uk/get-help-with-court-fees

Your WS must show evidence to the court that the CCJ should be set aside. The evidence you provide in the WS is the reason for asking for the judgment to be set aside. The example that you're getting all excited about gives you an idea how it should sound.

You also must explain why you didn't defend the original claim because it was served effectively to an old address. You'll also have to evidence this with utility/council tax bills or anything you can think of that will assist your case. You'll also state the steps you have taken since you found out about the default judgment and explain any obvious delay.

As noted, your WS will need to have supporting evidence attached. The draft order should be in a Word format with the appropriate dates left blank. You should also probably make a draft defence, just in case the claim isn't thrown out and you need to show the judge that you have a reasonable prospect of defending the claim.

Maybe the draft order should be along these lines but I caution that I am not qualified in any way apart from what I have managed to learn from this forum and I advise you to wait for advice after you post your version.

DRAFT ORDER

UPON considering the application of the Defendant to set aside the Judgment by default entered on [date];

AND UPON reading the evidence in support of the application;

AND UPON the court taking note that the Claimant was not entitled to default judgment, having failed to serve on Defendant's usual residential address;

AND UPON more than 4 months has passed (CPR 7.5 refers) from issue of proceedings [date]

IT IS ORDERED:

1. The Judgment by default entered against the Defendant on [date] is hereby set aside.

2. The claim should be struck out as more than 4 months has passed from issue of proceedings [date].

3. Costs of the application be paid by the Claimant to the Defendant in the sum of £275.
   

Statement of truth:

I believe that the facts stated in this Witness Statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Signed: [Defendant's signature]

Date: [Date]

JaySH

Awesome. Now I have got the WS and the Draft order mostly completed. I need to add the reasons of the delay. In which part of the WS shall I add now this? 

Coupon-mad

Which Claimant?

JaySH

Coupon-mad said:

Which Claimant?

BW legal is the company

Coupon-mad

No, that's the 'solicitor' - who is the Claimant?

Le_Kirk

I am xxx and I am the defendant in this matter. This is my supporting statement to my application dated  [date] requesting to:
a. Set aside the default judgment dated [date] as it was not properly served at my current address.
b. Order for the original claim to be dismissed.
c. The claim is dead as more than 4 months have passed from the issue date of proceedings and service of the claim was defective.
d. Order for the claimant to pay the defendant £275 as reimbursement for the set aside fee.

This bit has never made sense to me as it reads as if the applicant is 

1.  "requesting to set aside the judgment" which works

2.  "requesting to Order for the original claim......." which does not make grammatical or any other type of sense.

3.  "requesting to The claim is dead..........."

Might be better as below: -

I am xxx and I am the defendant in this matter. This is my supporting statement to my application dated  [date]. requesting to:
a. Request to set aside the default judgment dated [date] as it was not properly served at my current address.
b. Order for the original claim to be dismissed.
c. The claim is dead as more than 4 months have passed from the issue date of proceedings and service of the claim was defective.
d. Order for the claimant to pay the defendant £275 as reimbursement for the set aside fee.

What do others think?

JaySH

Coupon-mad said:

No, that's the 'solicitor' - who is the Claimant?

Sandy Acres Car Park. Been ringing the court on my break but no answer so will try again in my next break. 

Fruitcake

That's the location.

You are being asked for the name of the claimant, the PPC, the parking company.