Post CCJ set aside - final hearing preparation

1505grandad

"16.      Under Clause 24.1 C of the IPC Code of Practice Version 9, “22.1 Operators must take reasonable steps to ensure that the Motorist’s details are still correct if 12 months have passed from the Parking Event before issuing court proceedings.” 

Not sure what this is there for

Mega_Maniac

Coupon-mad said:

"endeavors"

Typo above.  Another horrible Americanism!

That's a good WS. Where's your Draft Order (separate Word doc)?

Thanks, have changed to the english spelling, Draft Order quoted below. 

1505grandad said:

"16.      Under Clause 24.1 C of the IPC Code of Practice Version 9, “22.1 Operators must take reasonable steps to ensure that the Motorist’s details are still correct if 12 months have passed from the Parking Event before issuing court proceedings.” 

Not sure what this is there for

Thanks, good spot. 

DRAFT ORDER

CLAIM No: XXXXXXX

BETWEEN:

SIP Parking Limited (Claimant)

-- and –

<MY NAME> (Defendant)

UPON reading the defendant’s application dated 22nd April 2024

IT IS ORDERED THAT:

1. The default judgment dated 18 March 2022 ( CLAIM No: XXXXXXX ) be set aside. 

2. The claim struck out due to the claim form having not been served within 4 months of issue

3. The Claimant do pay the Defendants costs of this application of £275 on an indemnity basis.

Coupon-mad

All looks good except I'd add to the Draft Order to drum this home in the Judge's mind:

UPON reading the defendant’s application dated 22nd April 2024 and noting that the Claim form was sent to an old address, contrary to the Civil Procedure Rules and contrary to the IPC Code of Practice paragraph 22.1,

Mega_Maniac

Coupon-mad said:

All looks good except I'd add to the Draft Order to drum this home in the Judge's mind:

UPON reading the defendant’s application dated 22nd April 2024 and noting that the Claim form was sent to an old address, contrary to the Civil Procedure Rules and contrary to the IPC Code of Practice paragraph 22.1,

Super, thanks again for your help. I'll add this and get it sent off. 

Nellymoser

As you've experienced problems receiving PPCs letters you may wish to sign/share @jmccabe petition.
https://petition.parliament.uk/petitions/652355
Require communications from Private Parking companies to be traceable/trackable
Thank you. Hope you get your CCJ set aside.

Mega_Maniac

I emailed this across shortly after my above post, but did not receive an acknowledgement from the court, should I also post it and/or ring to confirm it has been received?

Coupon-mad

Well you have to ring to pay the fee anyway.  Without paying the fee (just gone up to £303) an application is not 'live'. 

Mega_Maniac

Ok, copy that - do I need to amend my application to reflect the new fee or will that be taken into account?

Mega_Maniac

So I just received my court date and I it is predictably whilst I'm working.

I'm a contractor... so taking a day off of work means I lose about £1k of income. Taking a video call would be difficult, but maybe doable - is this the best course of action or is it possible to request a delay in the hearing?

Le_Kirk

When you completed your DQ (N180) what days did you block out as not being available and was the date in question one of those?
ETA, just read back and see that it is a N244 set-aside application, so there may not have been a DQ involved.  I believe that any request to change a date will/may incur a fee and you will likely have to get the claimant's agreement as well.