CCJ set aside of CEL claim

Sumsum12

Hi rachity, don’t worry. I really appreciate your willingness to help by pointing out issues that could strengthen the defence.

However, the lack of clarity in the Particulars of Claim did not concern the judge in my first hearing.

Instead, he appeared to support the Claimant’s position, stating that it was already clear which location was being referred to, as identified in my witness statement, where I had provided evidence regarding the defective machine.

In his view, this meant the matter was sufficiently clear and did not require further clarification and therefore he refused to strike it out.

Coupon-mad

But set aside judges are usually deputy judges. You will get a more experienced one for the actual hearing, and arguing Chan and Akande is definitely on the table.

Sumsum12

Hopefully, I’ll be lucky enough to have a better judge at the second hearing.

Do i need to re-submit evidence /Authorities- transcript (that it was used at the set-aside hearing ) with my defence or submit them later in a WS before the second hearing.

Also do I need to send an email with the defence doc to the Claimant or the court will send it to them .

Coupon-mad

You must copy in the solicitors.

You need to attach relevant exhibits, yes.

Sumsum12

20260418_222614.jpg

Hi all, I have received a letter from the Court requesting that I complete the Directions Questionnaire and return it by 05/05.

Do I also need to send a copy to the Claimant (CEL)?

Could you please tell me what will happens next in the process? For example, will I need to pay any hearing fees, and will I need to submit a new witness statement, or rely on the one already provided?

Thanks

Le_Kirk

All the advice is in the NEWBIE sticky; however, download a N180 - DQ from gov.uk complete it electronically and send it by email to the address that you will find in the template defence thread with a copy to the solicitor representing the PPC (and a copy to yourself) all in the same email. The Claimant pays the hearing fees. You will need to submit a witness statement that is about the parking incident and not about the set-aside. You should receive a Notice of Allocation once you have submitted your N180.

Sumsum12

Thank you Le_Kirk for the information.

I will complete and submit the form immediately, and I will await the deadline to submit the new WS.