Unpaid CCJ letter received from DCBL today

remzeh1

IN THE XXXXXXXXXXXXXXXXX COUNTY COURT

Claim No. XXX

BETWEEN:

UK PARKING CONTROL LIMITED

Claimant

– and –

Defendant

XX
_________________________________

DRAFT ORDER
_________________________________



Upon reading the defendant’s application dated ……………….

It is ordered that:

1. The judgment dated XX XX 2022 be set aside.

2. The Claimant do pay the Defendant’s costs of this application on an indemnity basis.

3. Unless the Claimant serves a copy of the Claim Form on the Defendant by 4pm on XXXXXX the claim will be struck out without further order.

4. If the Claimant serves the claim form as directed in paragraph 3 the Defendant shall file and serve a defence by 4pm XXXXXX

5. All enforcement be put on hold pending the outcome of the application.

6. Should the court reserve costs in the case as an alternative to paragraph 2, such costs of this application will become payable if the claimant discontinues it's claim.



Is this draft order okay?

What dates do I need to put regarding the claim form and filing a defence?

KeithP

remzeh1 said:

What dates do I need to put regarding the claim form and filing a defence?

Leave those as XXX's.
You are providing a draft. It is for the Judge to complete.
You must of course supply the full date in para 1.

Coupon-mad

I like the case law quotes in 31-34 of hallie's WS and reckon they could be used if you just drop the phrase about service within 4 months.

Also, by the time this gets to a hearing I reckon it will be past 4 months from April so that case law that hallie quoted in their paras 31-34 (specifically) will be well worth your Judge reading.

remzeh1

Thanks @Coupon-mad

I've added 31-34 in at the end.

I'm finalising everything now so few more questions....

- do I submit the witness statement and draft order as separate documents
- should these be word documents
- shall I send everything over via email tonight and call up in the morning to make payment

- anything else I should be aware of?

Thanks so much everyone I really am so grateful

Coupon-mad

1. Yes

2.  No, only the Draft Order is a word doc!

3. Yes

4. Not that I can think of.

remzeh1

Thanks

On the N244, I note on henriks post where they run through the form it mentions to request to set aside pursuant to CPR 13.3

I should be requesting the set aside under 13.2 right?

remzeh1

Now I'm confused actually....

Am I not requesting a mandatory set aside here....

What should I put in the box on the N244 for 'What order are you asking the court to make and why?'

Coupon-mad

Yes.  Primarily 13.2 due to improper service.

13.3 is your fall back position only.

1505grandad

"UK Car Park Management Limited
Claimant"

Have you two claims?

remzeh1

Sorry, that's wrong, and I did update it to UK PARKING CONTROL LIMITED

Right - I've now submitted everything to the court and I will ring them first thing in the morning to pay.

Thank you so much for all of your help everyone it's massively appreciated 

I honestly can't believe these scumbags get away with this, they're literally criminals

How long can I wait to expect to get a hearing?