CCJ Confusion - Can It Be Set Aside After 30 Days?

jarq

How about to fill N244 like that add WS? 




WS

1. I respectfully request the court to set aside the County Court Judgment (CCJ) entered against me in this case.
 2. I accept that I mistakenly failed to respond to the claim on time due to confusion between two separate claims. I believed I had already dealt with the matter and was unaware that this was a separate claim.
 3. As soon as I became aware of the mistake, I took immediate steps to rectify it by seeking legal advice and preparing this application.
 4. I have a reasonable prospect of defending this claim and wish to present my defence in court if the CCJ is set aside.
 5. I respectfully ask the court to consider my genuine error and the fact that I acted promptly upon discovering it.

LDast

You might want to consider inserting the words "overriding objective" somewhere in your mini WS.

Coupon-mad

jarq said:

How about to fill N244 like that add WS? 




WS

1. I respectfully request the court to set aside the County Court Judgment (CCJ) entered against me in this case.
 2. I accept that I mistakenly failed to respond to the claim on time due to confusion between two separate claims. I believed I had already dealt with the matter and was unaware that this was a separate claim.
 3. As soon as I became aware of the mistake, I took immediate steps to rectify it by seeking legal advice and preparing this application.
 4. I have a reasonable prospect of defending this claim and wish to present my defence in court if the CCJ is set aside.
 5. I respectfully ask the court to consider my genuine error and the fact that I acted promptly upon discovering it.

That WS would have little chance IMHO. You need a draft defence too.

Are the claims both from the same Claimant?

jarq

Unfortunately, one is from ParkingEye, and the other is from Gladstone. PE is ongoing.

Coupon-mad

Coupon-mad said:

You'll have to pay a £303 fee because you will need a hearing to try to convince a Judge that there is "good reason" to set the CCJ aside.

You need to read the CCJ set aside section of the NEWBIES thread and a shedload of posts by @henrik777 to understand CPR 13.3.  That's the approach. Because the claim was properly served,  your application needs pleading well to appeal to the Judge's discretion.

And it will need a proper defence.

You need to do a LOT better than that WS otherwise you are throwing away your chances.

I already posted this (above) yet you haven't used any of the usual arguments.  Also, Gladstones claims can be struck out on the basis that the POC failed to comply with the CPRs and PD 16.

Gladstones aren't a Claimant. Which PPC is it?

Show us the Particulars of Claim.

jarq

Unfortunately I lost this letter somewhere. I’ve got only claim number that CCJ has been issued. Can I just calm them and ask?

Coupon-mad

Them = the CNBC, yes. Ring them at 8.30am on the dot, on Monday. Ask for them to email you a copy of the POC which parking firm.

Them = Gladstones, definitely NOT.

jarq

Here they are:  

THE DRIVER OF THE VEHICLE WITH REGISTRATION  XXXXXXX (THE 'VEHICLE') PARKED IN BREACH OF  THE TERMS OF PARKING STIPULATED ON THE       SIGNAGE (THE 'CONTRACT') [address], ON [date] THUS INCURRING THE   PARKING CHARGE (THE 'PCN'). THE PCN WAS NOT  PAID WITHIN 28 DAYS OF ISSUE. THE CLAIMANT   CLAIMS THE UNPAID PCN FROM THE DEFENDANT AS  THE DRIVER/KEEPER OF THE VEHICLE. DESPITE    DEMANDS BEING MADE, THE DEFENDANT HAS FAILED TO SETTLE THEIR OUTSTANDING LIABILITY. THE   CLAIMANT CLAIMS                              £100 FOR THE PCN, £70.00 CONTRACTUAL COSTS   PURSUANT TO THE CONTRACT AND PCN TERMS AND   CONDITIONS, TOGETHER WITH STATUTORY INTEREST OF £11.38 PURSUANT TO S69 OF THE COUNTY      COURTS ACT 1984 AT 8.00% PER ANNUM,          CONTINUING AT £0.04 PER DAY.

KeithP

That PoC gives no clue to what the driver is alleged to have done wrong.

You started this set aside saga last August - six months ago. I fear that taking this long over it - it's taken you over two weeks just to show us those POCs - will lead to the request being rejected.

Coupon-mad

Maybe.

VCS v Carr involved months of delay:

https://forums.moneysavingexpert.com/discussion/6590792/court-of-appeal-live-streaming-case-vcs#latest

We should all watch this.