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

Lia_F

Coupon-mad said:

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."

Coupon-mad  Many thanks

Coupon-mad

Your draft order being in word format was correct. Don't worry.

You want the judge to add dates to it and use your document and grant your costs, pursuant to VCS v Carr which was all about the abuse of a parking firm using a DVLA (old) address months later, as if it was a service address.

Lia_F

@Coupon-mad what can I say against the below in the claimant's WS?

18. Notwithstanding the above, the Claimant relies upon the decision in One Parking Solution Ltd v Wilshaw [2021] whereby it was found that it is not necessary for the Claimant to prove theLandowner’s authority to constitute a valid cause of action to recover the PCN; what is required is proof that there is a binding contract between the Claimant and the Defendant, meaning the Signs at the Site. It was further found in Wilshaw that the contract between the Claimant and the Landowner does not affect the validity of any contract between the Claimant and the Defendant.

Coupon-mad

Simply search the forum! Nothing is new here.

Lia_F

@Coupon-mad, the judge agreed to consent to set aside the CCJ, and ordered the claimant to pay me the £303, but I have to present a defence.
In that case, does the judge allow the claimant to present the C' WS as new POC?
The judge said I had to seek legal advice. 

ChirpyChicken

You don't need to seek legal advice at all
That's great news on the costs
So get your defence done and send it to the court you attended (not the cnbc!) And copy in the claimaint 

Coupon-mad

Nicely done! Costs and all. 

So now you use the Template Defence but don't use MCOL nor send anything to the CNBC. Your defence must be filed to the local court and served to the C's solicitors.

If you don't have the POC you'll have to glean it from whatever WS they filed/served, yes.

Lia_F

Thanks @ChirpyChicken @Coupon-mad

Lia_F

@Coupon-mad

I hope you're doing well.

I have not yet received the judge's order. I changed my address but notified the court in April, as well as the judge on the day of the hearing.

Would it be appropriate to contact the claimant's solicitor to request reimbursement of the court fee and the removal of my details from the trust registry?

Many thanks!

Coupon-mad

Yes but I would do that by killing several birds with one stone:

- email your defence to the court and C's solicitor, restating at the start and in the body of the email your full new address for service, and stating that the old address of xxxxxxxx xxxxxx must be erased from the file records (or marked as no longer the Defendant's service address) and

- remind the C's solicitor to pay the costs of £xxx ordered by judge xxxxx

(the CCJ will be removed by the court very soon).

IMPORTANT:
I would go to your old address weekly to collect post because this is currently an unsafe position for you. It's likely that some court orders might well go to the old address (some courts' admin is terrible).