Need Urgent help Please – received a letter from DCBL dated 30/04/2024 received 07/05/2024 – CCJ

Coupon-mad

Yes use the one I said.l but change IPC stuff to BPA stuff.

Stressed_Out_VG

I need to add some more information to my WS and I will submit it later for someone just to check over for me.

Here is my Draft Order, I am a bit unsure if I have put the dates correctly and where I have put 4 months if this is correct:

19 Feb '24 - is when PE issued a county court claim to recover the outstanding amount
19 Mar '24 - is when the court hearing took place (I found this date on my Clear Score report)
27 Jun '24 - when I will be submitting the form to be set aside (which will probably change to tomorrow's date)

CLAIM No: XXXXXXXX
BETWEEN:
PARKINGEYE LTD (Claimant)
-- and --
XXXX XXXX (Defendant)
______________________________________________
DRAFT ORDER
______________________________________________
IT IS ORDERED THAT:

 

UPON considering the application of the Defendant to set aside the Judgment by default entered on 27th June 2024;

AND UPON reading the evidence in support of the application;

AND UPON the court taking note that the Claimant was not entitled to a 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 19th February 2024

IT IS ORDERED:

1.     The Judgment by default entered against the Defendant on 19th March 2024 is hereby set aside.

2.     The claim be struck out as more than 4 months has passed from issue of proceedings on 19th February 2024.

3.     Costs of the application be paid by the Claimant to the Defendant in the sum of £303.

Zbubuman

Stressed_Out_VG said:

I need to add some more information to my WS and I will submit it later for someone just to check over for me.

Here is my Draft Order, I am a bit unsure if I have put the dates correctly and where I have put 4 months if this is correct:

19 Feb '24 - is when PE issued a county court claim to recover the outstanding amount
19 Mar '24 - is when the court hearing took place (I found this date on my Clear Score report)
27 Jun '24 - when I will be submitting the form to be set aside (which will probably change to tomorrow's date)

CLAIM No: XXXXXXXX
BETWEEN:
PARKINGEYE LTD (Claimant)
-- and --
XXXX XXXX (Defendant)
______________________________________________
DRAFT ORDER
______________________________________________
IT IS ORDERED THAT:

 

UPON considering the application of the Defendant to set aside the Judgment by default entered on 27th June 2024;

AND UPON reading the evidence in support of the application;

AND UPON the court taking note that the Claimant was not entitled to a 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 19th February 2024

IT IS ORDERED:

1.     The Judgment by default entered against the Defendant on 19th March 2024 is hereby set aside.

2.     The claim be struck out as more than 4 months has passed from issue of proceedings on 19th February 2024.

3.     Costs of the application be paid by the Claimant to the Defendant in the sum of £303.

rookie mistake . Leave the dates blank ( the judge will fill these in). The draft order is basically a template for the judge. 

KeithP

Zbubuman said:

rookie mistake . Leave the dates blank ( the judge will fill these in). The draft order is basically a template for the judge. 

But none of those dates are in the future. It's future dates the Judge completes.

Stressed_Out_VG

@Zbubuman is this correct now and also I am correct in saying 4 months have passed?

CLAIM No: XXXXXXXX
BETWEEN:
PARKINGEYE LTD (Claimant)
-- and --
XXXX XXXX (Defendant)
______________________________________________
DRAFT ORDER
______________________________________________
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 a 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 be struck out as more than 4 months has passed from issue of proceedings on [date].

3.     Costs of the application be paid by the Claimant to the Defendant in the sum of £303.

Stressed_Out_VG

 @Zbubuman @Coupon-mad - I have finally finished my WS and tried my best to adjust it according to my circumstances.  I have made notes where I was unsure of something and would appreciate some guidance.  I also striked through any info I did not think was relevant to me, but please let me know if anything needs to be added back in or I ammissing any information.  I was not sure where to paragraph 29-31.  I really appreciate your help and everyone else who has given me advice/help.

Coupon-mad

Looks good.

Para 67 has the year wrong, twice.

Zbubuman

Looks good - With regards to your queries in RED. 

1. yes , put your current address
2. Yes you can use utility bills, poll cards, etc

Stressed_Out_VG

Zbubuman said:

Looks good - With regards to your queries in RED. 

1. yes , put your current address
2. Yes you can use utility bills, poll cards, etc

@Zbubuman Thanks.  Would you mind looking at  the following:

Paragraph 6 & 10 - they both say something similiar , "I am unsure of the specific dates that the claim was made."   - is this correct wording to use as in one of the emails PE said “In this instance, 4 letters were issued prior to legal action but unfortunately, ParkingEye received no response. Our original notices outlined the appeals procedure offered by ParkingEye and provided a period of 28 days from the date of our initial correspondence to send any documentation you believe would aid an appeal to us directly. ParkingEye run a dedicated appeals team who consider each appeal on a case by case basis but we note that in this instance, no such appeal was lodged. ParkingEye thereafter issued a county court claim on 19/02/2024 to recover the outstanding amount”)

Then paragraph 14 (I left this in from your template but how do I know if BPA do a soft trace?) - 

"British Parking Association (BPA) Code of Practice which requires a soft trace to be undertaken was not followed. The BPA Code of Practice 2024 - Version 9 (February 2024), Clause 24.1 b states; "

Lastly you refer to "CEL V CHAN and other judgments" as an exhibit and I refer to it in paragraph 63 .(Where do I find this?)

Stressed_Out_VG

Coupon-mad said:

Looks good.

Para 67 has the year wrong, twice.

@Coupon-mad Thanks for spotting that.