DCB Legal Ltd Claim Form delayed in mail redirection abroad

Coupon-mad

Why are you reading that and not the NEWBIES thread section on setting aside a specific parking CCJ?

neilflah

I would think it's only fair to set aside the judgement on the basis that the claim form pack didn't arrive in the redirected post on time thus not allowing me fair and reasonable time to respond.  I obviously wish to defend this claim and would like the opportunity to do so.  Furthermore, I'm now residing in Poland since 02/08/23 so is there even jurisdiction? 

Coupon-mad

Agree with all of that.

B789

Your options for set aside are dependent on CPR 13.2 (mandatory set aside) and/or CPR 13.3 (discretionary set aside). Whilst you can probably get one under 13.2 as you did not receive the claim and so it was not served correctly, you will probably be liable for the set aside fee as the claimant did serve the claim to the correct address and therefore is not liable to pay for those costs.

13.3 is your backup request, if 13.2 does not get approved. The claim should be set aside as there is a good prospect of your being able to defend the claim. However, as jurisdiction is disputed, there should be no claim to defend.

neilflah

Thank you.  Cost of set aside fee?  

Should I quote CPR 13.2 and CPR 13.3.  Excuse my ignorance, what is CPR?  Or, should I just lay out a polite request in layman terms?

B789

Set aside fee is £275. CPR = Civil Procedure Rules. Google is your friend.

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part13

neilflah

That's a high cost to have to swallow, is it ever waived?  Seems quite unfair.

Coupon-mad

neilflah said:

Thank you.  Cost of set aside fee?  

Should I quote CPR 13.2 and CPR 13.3.  Excuse my ignorance, what is CPR?  

You will know the cost of the fee and what to do from the NEWBIES thread section on CCJ set aside, where I signposted you to, earlier.

Or, should I just lay out a polite request in layman terms?

NO.  Stop rushing.

Please read the resources already here.

Someone was refused a set aside of an incorrect Order this Summer because they couldn't state the Rule they were applying under.

Your application must state the rule the application is relying upon.  This is all explained in the NEWBIES FAQS second post.  The CCJ section is there to help you.

neilflah

ok thanks, will take a look now

neilflah

I can't find this NEWBIES thread...?