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Set-Aside Hearing Tomorrow....need help!

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Comments

  • B789
    B789 Posts: 3,441 Forumite
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    Why haven't you answered @Coupon-mad's question yet? Forget for a minute about defending the original Claim about the alleged debt for parking where you did.

    You are being asked, quite clearly, what is YOUR argument for setting aside the CCJ? That is your initial priority!
  • Chloe_Meow
    Chloe_Meow Posts: 80 Forumite
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    I thought the  £60 charge beyond the £100 for the PCN would would rile the Judge to dismiss the claim. I'm realising I got that totally wrong, thanks @Coupon-mad
  • Chloe_Meow
    Chloe_Meow Posts: 80 Forumite
    First Post Name Dropper
    B789 said:
    Why haven't you answered @Coupon-mad's question yet? Forget for a minute about defending the original Claim about the alleged debt for parking where you did.

    You are being asked, quite clearly, what is YOUR argument for setting aside the CCJ? That is your initial priority!
    Do I still need to present an argument if the Claimant has consented to a set-aside?
  • B789
    B789 Posts: 3,441 Forumite
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    edited 3 April 2023 at 5:45PM
    Chloe_Meow said:
    Do I still need to present an argument if the Claimant has consented to a set-aside?
    If you want any chance of getting your N244 fee back, then yes! If you go back and read @Coupon-mad's posts here: Today at 4:27PM, you will see where she had literally told you about the problem with the consent order. Did you pay £108 for a with-consent or £275 for a without-consent order?
  • B789
    B789 Posts: 3,441 Forumite
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    edited 3 April 2023 at 5:49PM
    At the time of the alleged parking contravention, where it was you were living, did your V5C have that address or a different address? By the time of the CCJ, were you then at a different address from where you were living at the time of the original PCN? If so, how long after you received the original PCN did you move? Have you ever updated your V5C after a move or has your V5C always had your current address?

    The above information is important for your "argument" for the set aside.
  • Chloe_Meow
    Chloe_Meow Posts: 80 Forumite
    First Post Name Dropper
    B789 said:
    Why haven't you answered @Coupon-mad's question yet? Forget for a minute about defending the original Claim about the alleged debt for parking where you did.

    You are being asked, quite clearly, what is YOUR argument for setting aside the CCJ? That is your initial priority!

    Main point of my argument is, I did not receive the LBC. I'm guessing it was sent to the place where i stayed for 5 months, however, during that time I received no letters/correspondence notifying me of the PCN. I'm guessing the LBC was probably returned undelivered if there was a return address and hence they are conceding so willingly and accept that I did not receive it
  • Snakes_Belly
    Snakes_Belly Posts: 3,696 Forumite
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    You would have to produce a very comprehensive WS for a judge to dismiss a claim during a set aside hearing. I have only seen this happen once when a judge was familiar with the issues at a certain car park.  

    Nolite te bast--des carborundorum.
  • Chloe_Meow
    Chloe_Meow Posts: 80 Forumite
    First Post Name Dropper
    B789 said:
    Chloe_Meow said:
    Do I still need to present an argument if the Claimant has consented to a set-aside?
    If you want any chance of getting your N244 fee back, then yes! If you go back and read @Coupon-mad's posts here: Today at 4:27PM, you will see where she had literally told you about the problem with the consent order. Did you pay £108 for a with-consent or £275 for a without-consent order?
    I've applied for Help with Fees.
  • Chloe_Meow
    Chloe_Meow Posts: 80 Forumite
    First Post Name Dropper
    You would have to produce a very comprehensive WS for a judge to dismiss a claim during a set aside hearing. I have only seen this happen once when a judge was familiar with the issues at a certain car park.  
    Love your optimism! I need more! What's your idea of a very comprehensive WS? 
  • Boat_to_Bolivia
    Boat_to_Bolivia Posts: 1,097 Forumite
    First Post Name Dropper
    You would have to produce a very comprehensive WS for a judge to dismiss a claim during a set aside hearing. I have only seen this happen once when a judge was familiar with the issues at a certain car park.  
    Love your optimism! I need more! What's your idea of a very comprehensive WS? 
    I think @Snakes_Belly is suggesting that isn't going to happen and you need an idea of how you will defend the original claim should the Judge ask.

    I could have misinterpreted though?
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