**URGENT- CCJ** Need advice if I have posibilities to set aside by N244 and after win the case

Lia_F

Thanks for the advice @Coupon-mad
The parking event occurred in December 2019. I received the PCN in January 2020, but after I sold the car and went abroad to my home country due to COVID-19, I did not have to update the V5C.

Coupon-mad

Lia_F said:

I received their WS today 02/04/2025. Does it mean I have until the 30/04/2025 to present my defence?

Coupon-mad said:

No!

Stop reading their draft Order as if it somehow has more clout than YOUR draft Order. @Car1980 already explained this. Stop being so respectful of the Claimants.

THEY don't dictate what happens.

YOU WANT YOUR COSTS AS PER THE BINDING AUTHORITY OF VCS v CARR.

Your job at the hearing is to SAY NO if the Judge is all smiles, saying "this won't take long, you're lucky, look the Claimant has consented!"

Your answer: "No Judge."

Be heard. Do not get caught like a rabbit in headlights. This is YOUR hearing to get YOUR draft Order agreed and YOUR COSTS because the C has acted unreasonably.

If the Judge says it's your fault for not updating your V5C, you disagree politely and say:

 "that wouldn't have made any difference because parking firms can't apply to the DVLA twice. The binding Court of Appeal authority in VCS v Carr (their public video judgment was given on 4th March) confirms that the DVLA address is not a sufficient check, it's just the starting point.  It is never an address for service. And like Mr Carr, I am entitled to ALL MY COSTS. I DO NOT accept the Claimant's draft Order trying to wriggle out of it. This is the same as VCS v Carr. Please watch the hearing video."

I have additional questions. In their witness statement for the set aside hearing, they mention the following arguments. Are these arguments valid?

None of them.

  

Lia_F said:

Thanks for the advice @Coupon-mad
The parking event occurred in December 2019. I received the PCN in January 2020, but after I sold the car and went abroad to my home country due to COVID-19, I did not have to update the V5C.

Oh yes. And your husband had the same issue I think?

Lia_F

Coupon-mad said:

Lia_F said:

I received their WS today 02/04/2025. Does it mean I have until the 30/04/2025 to present my defence?

Coupon-mad said:

No!

Stop reading their draft Order as if it somehow has more clout than YOUR draft Order. @Car1980 already explained this. Stop being so respectful of the Claimants.

THEY don't dictate what happens.

YOU WANT YOUR COSTS AS PER THE BINDING AUTHORITY OF VCS v CARR.

Your job at the hearing is to SAY NO if the Judge is all smiles, saying "this won't take long, you're lucky, look the Claimant has consented!"

Your answer: "No Judge."

Be heard. Do not get caught like a rabbit in headlights. This is YOUR hearing to get YOUR draft Order agreed and YOUR COSTS because the C has acted unreasonably.

If the Judge says it's your fault for not updating your V5C, you disagree politely and say:

 "that wouldn't have made any difference because parking firms can't apply to the DVLA twice. The binding Court of Appeal authority in VCS v Carr (their public video judgment was given on 4th March) confirms that the DVLA address is not a sufficient check, it's just the starting point.  It is never an address for service. And like Mr Carr, I am entitled to ALL MY COSTS. I DO NOT accept the Claimant's draft Order trying to wriggle out of it. This is the same as VCS v Carr. Please watch the hearing video."

I have additional questions. In their witness statement for the set aside hearing, they mention the following arguments. Are these arguments valid?

None of them.

  

Lia_F said:

Thanks for the advice @Coupon-mad
The parking event occurred in December 2019. I received the PCN in January 2020, but after I sold the car and went abroad to my home country due to COVID-19, I did not have to update the V5C.

Oh yes. And your husband had the same issue I think?

Coupon-mad
No, he did not. 

Coupon-mad

Ah muddling your case up with another, sorry!

Lia_F

Hello @Coupon-mad and all
Hope you're doing well! My hearing is on Monday, and I’ve received a hard copy of my case file, including my witness statement, from the court. The claimant also emailed their witness statement as an attachment. Should I print copies of both my witness statement and the claimant's to bring to court? Many thanks!

Johnersh

Should I print copies of both my witness statement and the claimant's to bring to court? Many thanks!

Unless you've memorised it or have it on an iPad, I would suggest you do....

Lia_F

Many thanks @Johnersh

Coupon-mad

Lia_F said:

Many thanks @Johnersh

Rehearse this:

YOU WANT YOUR COSTS AS PER THE BINDING AUTHORITY OF VCS v CARR.

Your job at the hearing is to SAY NO if the Judge is all smiles, saying "this won't take long, you're lucky, look the Claimant has consented!"

Your answer: "No Judge."

Be heard. Do not get caught like a rabbit in headlights. This is YOUR hearing to get YOUR draft Order agreed and YOUR COSTS because the C has acted unreasonably.

If the Judge says it's your fault for not updating your V5C, you disagree politely and say:

 "that wouldn't have made any difference because parking firms can't apply to the DVLA twice. The binding Court of Appeal authority in VCS v Carr (their public video judgment was given on 4th March) confirms that the DVLA address is not a sufficient check, it's just the starting point.  It is never an address for service.

And like Mr Carr, I am entitled to ALL MY COSTS. I DO NOT accept the Claimant's draft Order trying to wriggle out of it. This is the same as VCS v Carr. Please watch the hearing video."

Johnersh

I agree it's the defendant's application. If the defendant is successful she should have costs.

C has failed to correctly serve and now seeks to correct that and to shore up inadequate particulars of claim with a witness statement. It's suboptimal to plough through a statement to divine C's case. If I have understood correctly they have requested all of that in a statement, but have not applied to the court.

It is a matter for the court, but if C has not cross- applied to dispense with service, has not attended and the court finds that the claim was not served within a 4 month period, one might argue that the correct course is both to set aside the judgment and to strike out the claim. Certainly D should have costs to set aside a judgment that C was never entitled to enter and where C failed to correspond.

The claimant is not prejudiced with a strike out on procedural grounds if you are within 6 years. They can simply issue fresh proceedings and follow the process correctly. 

Lia_F

Thanks @Johnersh
I did not receive a hard copy of the draft order I submitted to the court, though I received hard copies of everything else. The draft order I sent was in Word format. Is this normal? FYI @Coupon-mad