Parking Charge Notice help - CCJ issued

asdf123456

Should I change the americanised spellings of 'judgement' to 'judgment'?

asdf123456

I left out '3. Costs of the application be paid by the Claimant to the Defendant in the sum of £275.' as I'm already eligible for help with the submission of the n244 and so if the CCJ is set aside I won't have to pay anything which I'm satisfied with. 

DRAFT ORDER

                                                           

IT IS ORDERED THAT:

UPON considering the application of the Defendant to set aside the Judgment by default entered on 07/04/23;

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 having passed (CPR 7.5 refers) from issue of proceedings 14/10/22 to the CCJ being issued on 07/04/23

IT IS ORDERED:

1.       The Judgment by default entered against the Defendant on 07/04/2023 is hereby set aside.

2.       The claim should be struck out as more than 4 months has passed from issue of proceedings 14/10/22.

 

asdf123456

this is what I filled in the box for question 10 of the n244 'What information will you be relying on, in support of your application?'

"Refer to document attached in this email titled 'Draft Order' and supporting evidences; 'Exhibit 1' (a witness statement outlining details of my case for the court to consider), and evidence showing my address in the form of a screenshot of my bank statements from May 2022 and June 2022 also attached titled 'Exhibit 2' and 'Exhibit 3' respectively."

KeithP

asdf123456 said:

Should I change the americanised spellings of 'judgement' to 'judgment'?

The English courts always use Judgment, and of course there may be one stuffy Judge somewhere who will take great exception to any other spelling.

1505grandad

Who is the claimant?

asdf123456

ELMS Legal Limited

B789

asdf123456 said:

ELMS Legal Limited

No they are not!!! The Claimant will be the unregulated private parking company that issued the original PCN. Elms Legal are just the shyster, bottom-dwelling solicitors acting on the Claimants behalf.

asdf123456

On the notice of debt recovery I received, the 'Client' is being presented to be 'EMLS Legal Limited' and the DCBL are acting on their behalf, no other entities are named on the letter.

In this case can I simply address the claimant as ELMS Legal Limited if there is no other alternative shown on the notice of debt recovery?

asdf123456

Thanks for your help everyone, I've sent off the n244, draft order, witness statement and supporting evidence (labelled 'Exhibit x' accordingly and formatted as was suggested here and in the thread coupon-mad linked) to the email address cdnenforcement@Justice.gov.uk and have cc'd in ELMS Legal Limited.

This is what I sent in the text of the email:

"Hello, 

Please find the attached documents and supporting evidence regarding my application to have a CCJ issued against me to be set aside.

Included are a draft order, completed n244 form, a witness statement and supporting evidence. 

I have also included the solicitors managing the case in this email, they are acting on behalf of the claimant. 

Kind regards,

[name]"

B789

asdf123456 said:

On the notice of debt recovery I received, the 'Client' is being presented to be 'EMLS Legal Limited' and the DCBL are acting on their behalf, no other entities are named on the letter.

The "notice of debt recovery" is not a legal document. It is kindling, lining for the bottom of a birdcage, emergency use toilet paper. Ignore all debt recovery letters as explicitly advised in the Newbies/FAQ thread.

DCBL or any other DRA are not a party to the alleged contract you are supposed to have breached and cannot initiate any proceedings no matter how colloquially threatening they sound. Ignore them.

Without having to trawl back through the thread, have you received an actual LoC/LBC or a court claim. We are not interested in anything else and neither should you.