Please help to set aside CCJ in the UK

danojs7

Coupon-mad said:

That's very good.

I would just remove this subheading (not needed; your main request is under CPR 13.2 anyway):

"CIVIL PROCEDURE RULES 13.3"

...but leave in all those paragraphs underneath it because yes, you are saying that primarily CPR 13.2 applies (mandatory set aside) but in the alternative - as a safety net if the court Judge is minded to wish to widen the considerations before deciding - the circumstances certainly meet CPR 13.3 (discretionary set aside).

Thank you. I am just feeling cautious about stating I can defend the claim. Because I don’t feel like I have a leg to stand on. 

a.    The Claimant failed to meet the Notice to Keeper obligations of Schedule 4 of the ­Protection of Freedoms Act 2012 
They did because they sent the PCN to me and I received it. 

b.    Lack of adequate notice of the parking charge on clear signage, as acknowledged by the Supreme Court in ParkingEye Limited v Beavis [2015] UKSC 67

I can’t prove this. Genuinely can’t remember.

c.    Putting Claimant to strict proof on evidence of landowner authority or a legal contract, as required by the BPA Code of Practice

Don’t understand this bit. 

I know trying to defend the claim works in my favour to set the judgment aside. But I don’t want to put this in my WS if it’s false! 

Maybe best to avoid this and just hope for mandatory set aside?

Not sure if I can argue anything against their PoC as everything is clearly stated that I overstayed?

Coupon-mad

a.    The Claimant failed to meet the Notice to Keeper obligations of Schedule 4 of the ­Protection of Freedoms Act 2012 
They did because they sent the PCN to me and I received it. 

b.    Lack of adequate notice of the parking charge on clear signage, as acknowledged by the Supreme Court in ParkingEye Limited v Beavis [2015] UKSC 67

I can’t prove this. Genuinely can’t remember.

c.    Putting Claimant to strict proof on evidence of landowner authority or a legal contract, as required by the BPA Code of Practice

Don’t understand this bit. 

I know trying to defend the claim works in my favour to set the judgment aside. But I don’t want to put this in my WS if it’s false!

None of that is false.  Include it all when it comes to a defence (WHICH IS NOT YET).  None of this is your burden to prove.

The burden of evidence falls on the Claimant.

What made you think the PCN you received was necessarily POFA-worded, anyway?  Have I missed us checking it earlier in the thread?

danojs7

Why is none of it false? Sorry @Coupon-mad

So shall I take it out my WS but potentially include in my defence?

I no longer retain the original PCN so can’t recall. Only have the PoC that I posted earlier. 

Coupon-mad

I would only have that level of detail in the defence, which comes later.

You know what to put in a CCJ set aside WS and a draft Order (the only things apart from evidence of address that goes with your N244) because of all the examples on the forum.

danojs7

Ok so I’ll leave the paragraphs about CPR 13.3 in and worry about defence later… if it gets to that stage. 

Thank you. 

danojs7

Just a quick question on my supporting evidence. 

If sending the N244 form by email do I reference each document in the body of the statement?
Labelled:
- exhibit A - description
- exhibit B - description
etc

Coupon-mad

In the body of the signed and dated WS PDF attachment - yes (not in the body of the email).

The Draft Order is a separate WORD Doc. Have you done that?  It should reflect the Order your N244 is asking for, and should be stating that the Claim be struck out due to inadequate Particulars.

You should also have CEL v Chan words in your WS and the full transcript as an exhibit.

danojs7

Hi all. Just waiting to hear back from the courts now and for a hearing date. 

Getting notices from Expedia that my credit rating is dropping. 

Just wondering what people thought about contacting the claimants solicitors and consider paying the claim ‘without prejudice’. 

Would this help my case to set aside my default judgment?

Coupon-mad

danojs7 said:

Hi all. Just waiting to hear back from the courts now and for a hearing date. 

Getting notices from Expedia that my credit rating is dropping. 

Just wondering what people thought about contacting the claimants solicitors and consider paying the claim ‘without prejudice’. 

Would this help my case to set aside my default judgment?

No, you would entirely throw away your leverage and be far less likely to see the CCJ set aside.  One of the things a Judge expects is for the defendant to have good prospects of successfully defending the claim.

And guess what? Unless the judgment is within the last 30 days... paying off the money DOES NOT REMOVE OR WIPE THE CCJ.

Thank goodness I stopped you!

I have stopped you, yes?

If this was an option don't you think you'd have read it in the NEWBIES thread? And people advising would have suggested it...in particular, Johnersh, a solicitor might just have mentioned it to you, if this idea was sensible?

danojs7

Thanks Coupon. Yes you have stopped me. 

I realise I could be waiting weeks/months for a response from the courts so it’s all just a bit unsettling. 

I want to draft a defence so I am prepared for the next stage. 

However I’m still uncertain on my prospects of defending the claim. (I posted my PoC earlier in the thread). 

Could you suggest a link to someone else’s case which is similar to mine for a defence template? I’m just worried I will state the wrong thing!