CCJ set aside won, now defending against AutoSec/DCB legal for parking in resident's allocated bay

B789

cleena7 said:

I have put a SAR in to Claimant's solicitor for any documents sent plus also the signage/any Landowner contract but presume they will allow themselves the full 28 days before sending...

The SAR will only get you all data they hold about you. Signage/Landowner contract etc, will not be included in a SAR. That evidence will be requested in your defence.

cleena7

Update- brief hearing today and judge agreed to set aside default judgment.

The judge commented that the evidence/Defendant bundle was thoroughly prepared and clearly demonstrated that the car parking space was attached to my tenancy and therefore I was parked there by right.

The judge was not satisfied that CPR 13.2 was met but was "entirely satisfied" than 13.3 was met and my defence was more than merely arguable and likely to win. They agreed that without proof of authority, no contract could be entered and that some cases would have been struck out for the limited particulars.

Unfortunately I couldn't get back the previous order to pay £180 costs for the adjourned hearing, but in the judge's words "who made that order?". They also couldn't strike the Claim out entirely (as whilst there is a defence there is also a case for the Claimant) but did agree to give me 14 days to submit an amended defence considering the claimant only served me their bundle last week and the Particulars were so brief. 

Defence hearing in around 5 weeks - looking forward to it, especially claiming full costs!

Any "hot of the press" material to add into my new defence re: PCNs issued for resident's parking would be appreciated. I will add Excel v Wilkinskn and expand upon the fact the Claimant has not shown any evidence of a contract to prove their authority to pursue parking charges. Thanks

Boat_to_Bolivia

Great news, well done.

Fruitcake

Add the £180 to your claim for costs. If you win you can argue you would never have had to pay that extra charge, and it is unfair for you to be out of pocket.

Coupon-mad

You can only claim full costs if the Judge today "reserved" costs as part of his order summing up. Otherwise your £275 has gone.

cleena7

Yes the cost were reserved and I only paid £11 for the N244, not £275 I will add the £180 (and then some) to costs for my defence hearing

Coupon-mad

That Judge who ordered & effectively decided it was your fault and said you had to pay £180 was an idiot!

cleena7

Just been sent an email by DCB legal "without prejudice to save costs", offering a notice of discontinuance.

Court hearing scheduled for 31st July.

Presumably the advice is to have my day in court?

Anyone settled out of court and still had costs paid?

KeithP

cleena7 said:

Just been sent an email by DCB legal "without prejudice to save costs", offering a notice of discontinuance.

At what price?

cleena7

£14 to stay the writ/set aside plus £180 paid to Claimant ordered by judge after rescheduled initial set aside hearing. Costs were reserved by the judge at my successful set aside hearing.

Amended defence submitted on 8th June.

In the matter of costs, the Defendant asks:
a. standard witness costs for attendance at Court for two days, pursuant to CPR 27.14
b. the Defendant’s court application fees to set aside Default Judgment
c. £180 “costs” which the Defendant was unreasonably ordered to pay the Claimant upon rescheduling a set aside hearing
d. compensation as a result of breach of Data Protection Law
e. for a finding of unreasonable conduct by this Claimant, seeking costs pursuant to CPR 46.5 for time reasonably spent defending the Claim