Set aside CCJ: Consent from claimant

Sillyminkey12

Coupon mad thanks very much for advice on getting my costs from CEL.

Saints24221

Used template and been accused of providing a cut and paste defence

Morning all, thanks for all your advice to date, but I need some urgent advice on what to do now!!!!!!!!

I used to the forum information to have one claim which was filed with the CC not continued in 2024 (CEL) 

CEL then issued another claim with via DBS legal and filed it with the CC, I used the standard defence template, DBS on the claim included no actual dates, it just had a date in January to a date in April. My defence was quite simple, I advised I could not provide a defence to a claim with no details of dates the parking charges incidents had taken place.  I also included a detailed overview of the fact I had permission to park at the sports ground via the team I was with for training each week with emails to support this.

Here is my mistake, I received a court letter in February from the judge advising the defence had failed to disclose adequate particulars of defence giving a month to reply with the reason the defence is a cut and paste" interest defence and makes no attempt to engage with the allegations in the particulars of claim. I mis read this and though he was advising the claim with no dates from DBS was a cut and paste claim not my defence letter so ignored the letter thinking that the claim would be struck off. 

I have now received a letter advising as I did not provide a revised defence response the defence is struck out and claimant application requesting judgement in default (award in the thousands due to the long period of weekly parking). 

Can I do anything at this stage as the judgement has been made?

ChirpyChicken

This could prove to a costly mistake.
Please post up the order. You may need to make an application for relief from sanction

Castle

Saints24221-Please start your own thread.

Sillyminkey12

Coupon Mad,  I wrote to Scott Wilson of CEL on your advice and informed him I would report him to the SRA if he did not pay my costs by the end of this week.  Got an immediate response requesting my bank details and telling me they’d been in touch with me a week ago to ask for details.  I have had NO e mail, letter or carrier pigeon deliver from them until I nudged them.  Shameful.  But thanks for your help.

Coupon-mad

Great final update!

Imagine being a barrister but all you did with your career (it seems) was being Head of Legal at disgraced and defunct Wonga (whose MO was investigated by MET police), then Head of Legal for a notorious ex-wheelclamper parking firm!

Sillyminkey12

Exactly, what a disappointing life outcome for this particular barrister.  Must be pretty painful living with the shame.

The money is now in my bank account! Thanks for all your wonderful support throughout.

eyecorn1

@Sillyminkey12 congratulations on your set-aside and for getting costs back from the dubious claimants.

Would you be happy to share a copy of your skeleton argument AND your cost assessment form? I'm trying to prepare for a court hearing and looking for samples to support my own drafts.

Coupon-mad

As long as you adduce VCS v Carr and ask for the expired claim to be struck out (and all your costs awarded) pursuant to that authority - the claim has expired because 4 months has passed - that's the message to drum home.

It's Court of Appeal; judges are bound by it.