CCJ set aside of CEL claim

Le_Kirk

You can use the judgments link as a URL which will take CNBC to dropbox. Just click on my username and view threads, it's the one cunningly named Judgments link

Coupon-mad

Le_Kirk said:

You can use the judgments link as a URL which will take CNBC to dropbox. Just click on my username and view threads, it's the one cunningly named Judgments link

And you COULD still attach the actual Chan & Akande transcripts only.  As well as the longer version just provided as a URL.

Le_Kirk

Coupon-mad said:

Le_Kirk said:

You can use the judgments link as a URL which will take CNBC to dropbox. Just click on my username and view threads, it's the one cunningly named Judgments link

And you COULD still attach the actual Chan & Akande transcripts only.  As well as the longer version just provided as a URL.

Yep and the link for that is also found via my user name, threads Chan_Akande

Sumsum12

Thank you both for your guidance and for sharing the links to the judgments. I have followed your advice and emailed CNBC with the revised version that includes the links. I hope there won't be any additional problems this time, allowing them to start processing it without any more delays. I'll reach out in the morning to confirm that they have received it and will keep you informed. Thank you once again.

Sumsum12

Just to update you, I received a letter from CNBC informing me that my case has been transferred to Dartford County Court, where they will handle the application and set a hearing date. I'm not sure how long it will take for them to notify me, but should I start preparing my arguments and defense now so I have enough time to practice? This is my first time, and I'm worried that my nerves might cause me to miss important points and struggle to convince them.

I'm especially concerned if the court asks about my rent agreement, which shows that I was renting my previous address until the end of February.At the time, it was a temporary residence, and although my current address was registered with the council, it was still undergoing renovation, with most utility bills only beginning in January.

According to the DCBL letter, the fine was issued on January 4th, but I don't know when the letter was actually sent. I genuinely don’t recall receiving it—firstly because I keep all the fines I receive, and secondly, I would have appealed it had I known about it.Additionally, I have not received the court forms, even though the case was filed against me in 2024.

My second concern is their argument that they relied on my car’s logbook address, which wasn’t updated until May 2023, despite my driving license address being changed to my current address in May 2022. The reason for this is that I forgot to update the logbook address. That being said, I have proof that my mortgage, council records, and utility bills all reflect my current address. 

Any suggestions how to address these concerns in the court hearing.Thanks

Coupon-mad

Read the thread you find when you search for:

Well done Jackson Yamba Carr

That case will be your authority. Bookmark the thread as we are awaiting the full written judgment.

Sumsum12

Thank you, Coupon-Mad, for sharing the thread.I don’t have the lawyer's ability to speak confidently or recall all the legal rules so I am going to study and memorise my WS and take a sheet of all the main points to the hearing and see how it goes.

Is it necessary for me to deliver my WS and Skelteonto CEL, or has the court already done so? 

Also What are the chances that the CEL discontinue the case prior to the hearing?and Is it possible for the court to dismiss the case prior to the hearing if it determines that the arguments are sufficient and a hearing is unnecessary?

Coupon-mad

Yes email your WS and skelly to CEL.

There's ZERO chance of a discontinuance before the hearing because this is YOUR HEARING that you paid for. This is about your application and the hearing will go ahead.

You need to understand your arguments and CPR 13.2 and 13.3 as well as VCS v Carr which the Judge may not yet have access to.

My second concern is their argument that they relied on my car’s logbook address, which wasn’t updated until May 2023, despite my driving license address being changed to my current address in May 2022. The reason for this is that I forgot to update the logbook address.

So did Mr Carr.

The Court of Appeal almost laughed at VCS and pointed out that the DVLA address is just "the starting point". The duty to check for a new address before litigation isn't met by a rogue PPC saying "yeah but we used the DVLA address, Judge".

Sumsum12

Thanks again Coupon-Mad! I'll focus on these arguments and get ready for the hearing.

Sumsum12

CEL have only shared a postal address and not an email. The only contact information on their website is a phone number for payments and a postal address. I even inquired with DCBL about the email, but they declined to provide it. Has anyone managedto find it?