Judgement for Claimant (in default) - BW Legal - Residential parking

Umkomaas

Amazing LDast (sorry I don't know how to tag you)

Place @ immediately in front of any forum username to tag. 

Coupon-mad

The only thing I'd say is this isn't true:

"The claimant unreasonably triggered the default judgment".

They didn't.  This wasn't done by the Claimant or BW Legal, it was done by your local court.

If you have not received the Judgment letter yet I'd wait for it because we are assuming the reason, aren't we? 

LDast

Paragraphs #7 and #11 of the WS adjusted accordingly.

pbizzle12

Thank you @LDast and @Coupon-mad again for your help.

I am planning to send this out today/tomorrow (pending an email from Landlord at old flat confirming as many of the facts as possible to include in evidence with the witness statement). Evidence to send:

• Court order from July 2024 with the "if so advised" wording
• Tenancy agreement confirming right to park
• Email from landlord confirming period of tenancy, right to park, and issuance to, and return by, me of resident access key card for the property/car park, and the actual parking permit itself

Is there anything else you'd suggest to include? Cost schedule perhaps?

In terms of logistics, I presume the N244 set aside application, alongside the WS and draft order, all need to be submitted to the local court which issued the judgment rather than NCCBC? One copy for each of the Court and Claimant. And then I call them to pay the Court fee

Coupon-mad

How can you send this when you haven't been served with the Order you are objecting to?  What if the solicitors are mistaken?  You need the Order to respond to the Order.

pbizzle12

@Coupon-mad I am not sure which Order you are referring to here. Could you explain? I have received a Judgment for Claimant (in default) from the Court instructing me to pay the full amount for the reason "you did not respond to the claim". My understanding was that the N244 form + WS + DO were to be submitted in response thereto as an application for that judgment to be set aside. Unless I have misunderstood and I should expect to receive some other correspondence

LDast

Have you received the actual order confirming the default CCJ?

Coupon-mad

OK so you did get the Judgment (order) through. Why does the court think you didn't respond?

pbizzle12

Then last week, October 2024, I received a Judgement for Claimant (in default) ordering me to pay the claimant debt + interest of £605(!!) with the reason being "you have not replied to the claim form

As mentioned in my OP above - apologies if this was not already clear. Attached anonymised copy of the court letter received also if that helps. Is this the order being referred to?

The court thinks I didn't respond because I did not based on the instructions given by the court. The court's previous communication on this case, received in July, stated:

 "2/ The Defendant shall, if so advised, file an updated defence not later than 14 days after service of due claim form."

I did not receive any such advice or instruction between receipt of that letter in July and receipt of the default judgment in October. 

Coupon-mad

Ah yes, sorry I forgot it was this one.

Get your application in this week - probably a 'without notice' application for £119 because the Default judgment Order was plainly wrong.  You don't need a hearing for a Judge to see that you were never in breach of any direction: the only UNLESS order was for the Claimant.  There was no obligation placed upon the Defendant. It was for you to choose whether to amend your defence and you were content there was no need.

Include a Draft Order that includes 'costs of this application be reserved until the final hearing or awarded against the Claimant should they discontinue at this late stage'.

You also need to mention Denton in your WS but I think @Johnersh already told you that.