Need advice with a CCJ letter

gdexr

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CLAIM NO: XXX

BETWEEN:

Highview Parking Limited (Claimant)

-- and --

XXX (Defendant)

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DRAFT ORDER

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IT IS ORDERED THAT:

UPON considering the application of the Defendant to set aside the Judgment by default entered on [date];

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 [date]

IT IS ORDERED:

1. The Judgment by default entered against the Defendant on [date] is hereby set aside.
2. The claim should be struck out as more than 4 months has passed from issue of proceedings [date].
3. Costs of the application be paid by the Claimant to the Defendant in the sum of £275.

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Castle

Highview Parking are in the BPA!

gdexr

Castle said:

Highview Parking are in the BPA!

I don't understand, what does this mean? Do I need to change something?

Not_A_Hope

Yes. If Highview Parking are members of the BPA you need to change any reference of the IPC to the BPA and quote the relevant sections of the BPA Code of Practice instead

gdexr

Not_A_Hope said:

Yes. If Highview Parking are members of the BPA you need to change any reference of the IPC to the BPA and quote the relevant sections of the BPA Code of Practice instead

Okay, thanks. I will amend that!

Coupon-mad

The POC only says: 'PARKWAY RETAIL PARK' (no town)?

Copy the BPA one by @CliveTreeHorn as he has the BPA CoP words and the CEL v Chan case too.

gdexr

Coupon-mad said:

The POC only says: 'PARKWAY RETAIL PARK' (no town)?

Copy the BPA one by @CliveTreeHorn as he has the BPA CoP words and the CEL v Chan case too.

Yes indeed, The POC does not mention a town, I only redacted the car numplate and the PCN number digits.

Castle

gdexr said:

Coupon-mad said:

The POC only says: 'PARKWAY RETAIL PARK' (no town)?

Copy the BPA one by @CliveTreeHorn as he has the BPA CoP words and the CEL v Chan case too.

Yes indeed, The POC does not mention a town, I only redacted the car numplate and the PCN number digits.

There's not even a Postcode!

gdexr

Castle said:

gdexr said:

Coupon-mad said:

The POC only says: 'PARKWAY RETAIL PARK' (no town)?

Copy the BPA one by @CliveTreeHorn as he has the BPA CoP words and the CEL v Chan case too.

Yes indeed, The POC does not mention a town, I only redacted the car numplate and the PCN number digits.

There's not even a Postcode!

There is no postcode or address stated anywhere. I also queried the pay PCN website with the number they sent me and got the following information.

Will post the updated Witness Statment and Draft Order later today!

UncleThomasCobley

As this is a DCB Legal issued claim, why have you not included CEL v Chan to get this thrown out at the set aside hearing?