Excel parking fine - Help needed to review my CCJ set aside application documents

1505grandad

Reference to the CoP is in your WS recently filed and served:-

"6.  There is now a persuasive Appeal judgment to support striking out the claim, in circumstances of poorly pleaded private parking cases. What did I do wrong?  Given I received no letters because the Claimant did not bother to trace my address (a breach of the IPC Code of Practice)

noubee

Thanks for the clarification @1505grandad

noubee

Hi everyone, just an update to say that I had the hearing yesterday and the CCJ set aside was granted. However, the judge refused to make an order regarding having my costs paid back and rather said that there will be a dispute resolution hearing in a couple of months where this will be decided upon. Thanks everyone!

ribenacat346

Hi @noubee I'm finding this thread really helpful for my situation (so grateful!) - do you have an example of this email you sent to ELMS please? as I'm looking to kick things off in the same way. Or could anyone advise on this please? I want to make sure I get the wording right from the start. 

Editing this post with a VERY rough draft of what I intend to email to ELMS, based on advice from another thread. Any help would be so appreciated. 

To Whom It May Concern,

Regarding VCSXXXXXXXX

I am writing to inform you I will be applying for my CCJ to be set aside due to it being improperly served to the wrong address.

I invite you to issue a Draft Order to consent to set aside. I will not be paying the CCJ as I wish to defend the judgement in full.

I give you 7 days from XX/XX/XXXX to consent, after which I will apply for the CCJ set aside and incur the £275 fee to set aside ‘without consent’, with a hearing, and ELMS legal will be liable for that cost. 

How should I finish it?

noubee said:

 As advised, I have emailed ELMS Legal to notify them of my intention to apply for the judgment to be set aside and to invite them to consent. 

UncleThomasCobley

noubee said:

Hi everyone, just an update to say that I had the hearing yesterday and the CCJ set aside was granted. However, the judge refused to make an order regarding having my costs paid back and rather said that there will be a dispute resolution hearing in a couple of months where this will be decided upon. Thanks everyone!

Did you not have the CEL v Chan judgment at the beginning of your WS? Did you not alert the judge to it?

Le_Kirk

ribenacat346 said:

To Whom It May Concern

How should I finish it?

Official letters start Dear Sir,
and finish
yours faithfully
OR, if you are writing to a named person
Dear Name
yours sincerely.