Post CCJ set aside - final hearing preparation

Le_Kirk

You just need to make it clear to the judge that a PCN was attached to the windscreen as proven by photographs provided by SIP but when you returned to the car, the PCN had mysteriously disappeared.

Mega_Maniac

Le_Kirk said:

You just need to make it clear to the judge that a PCN was attached to the windscreen as proven by photographs provided by SIP but when you returned to the car, the PCN had mysteriously disappeared.

Yes, I certainly will do, thanks. Do you think the defence otherwise seems decent?

Coupon-mad

Use the phrase 'ghost ticketing.'

Search the forum and copy some defence wording about that rogue practice.

You could even get awarded your application fee even if you lose the case. Can happen.  Costs are a separate consideration.

Not guaranteed but 'reserved' is GOOD.

The costs are there to be determined by the final Judge (awarded or not, depending on his/her judgment) and it is possible to lose the case but still remind the Judge at the end about your 'reserved application costs' which are payable because - regardless of outcome of the PCN - the C's conduct in this litigation was 'wholly unreasonable' (by breaching the CPRs and their own CoP by not bothering to do the 28p 'soft trace' to check if the old address was still current).

1505grandad

"8.  The contract signage (See DE1) within the car park states the following term relevant to the Defendants choice of payment"

Just checking  -  are you intending to include exhibits in the Defence?

Mega_Maniac

1505grandad said:

"8.  The contract signage (See DE1) within the car park states the following term relevant to the Defendants choice of payment"

Just checking  -  are you intending to include exhibits in the Defence?

Yes, I read in one of the template defences to do this, although it is not in the 2nd post on the thread, so not sure how 'up to date'.

Coupon-mad Will do - thanks. Am I correct in saying that if I lose the case I will have another CCJ against me?

Coupon-mad

Am I correct in saying that if I lose the case I will have another CCJ against me?

No.  Of course not.  You would just pay whatever was ordered.  Why do you think a CCJ 'just happens' when you lose at a hearing'?  If that were true, do you think we'd be telling people every single day, to defend court claims?

We never put anyone at risk of a CCJ.

No evidence goes with a defence.

Mega_Maniac

Coupon-mad said:

Am I correct in saying that if I lose the case I will have another CCJ against me?

No.  Of course not.  You would just pay whatever was ordered.  Why do you think a CCJ 'just happens' when you lose at a hearing'?  If that were true, do you think we'd be telling people every single day, to defend court claims?

We never put anyone at risk of a CCJ.

I honestly wouldn't know either way, if I look up "what is a CCJ" then the summary seems to be that it's an order to pay someone a debt - so it doesn't seem illogical to conclude that if I lose, and am ordered to pay the parking ticket and other costs, that this would result in a 'CCJ'.

It is good to know that this is not the case, when it comes to this stuff you can appreciate that I know extremely little. 

No evidence goes with a defence.

Sorry what do you mean by this? That I should just state the facts and not include any exhibits?

Coupon-mad

Exhibits go with a Witness Statement.

To include exhibits, do a separate WS as well as a defence.  It has been recommended on loads of post-CCJ set aside threads in recent years that it is a good idea to submit both together at this stage.

Mega_Maniac

I see, I haven't found the right threads with that approach in them, I'll do some more searching. What should I be looking to include in the WS this time around? Is it mostly a duplication of the defence, or the original WS?

In regards to the ghost ticketing:

X) Given there was no ticket on the windscreen when the Defendsnt returned, the Defendant believes there is a strong chance he has been a victim of ghost ticketing, where the ticket is removed from the windscreen after the photos have been taken, allowing the parking company to rack up excess fees and further penalise drivers. 

Does this go in with the defence under "Facts Known"? As it seems more speculative?

Mega_Maniac

I am also trying to search for information on how to properly ask for costs, I'm sure I had seen something about a "costs form" or something along those lines I should include with my Defence (Or WS?)

edit: I think "assessment of costs" is that I was looking for.