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

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  • Lia_F
    Lia_F Posts: 71 Forumite
    10 Posts Name Dropper
    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
    Coupon-mad Posts: 151,711 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    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?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Lia_F
    Lia_F Posts: 71 Forumite
    10 Posts Name Dropper
    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
    Coupon-mad Posts: 151,711 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Ah muddling your case up with another, sorry!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Lia_F
    Lia_F Posts: 71 Forumite
    10 Posts Name Dropper
    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
    Johnersh Posts: 1,545 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper Photogenic
    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
    Lia_F Posts: 71 Forumite
    10 Posts Name Dropper
    Many thanks @Johnersh
  • Coupon-mad
    Coupon-mad Posts: 151,711 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    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."

    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Lia_F
    Lia_F Posts: 71 Forumite
    10 Posts Name Dropper
    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  
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