Defence after CCJ set aside.

Johnersh

This is caught by PD 7C 5.7. (ie. Deemed service under 6.14 does not apply with MCOL).

The method of service with a standard claim form is first class post, with deemed service on the 2nd business day. Deemed service with MCOL is the 5th day (which is more generous to the defendant than usual service provisions) presumably because 2nd class post is supposed to take 2-3 days, rather than 1 business day.

Essentially, the Court is correct. This is really unfortunate, but everyone has completed their steps correctly - except perhaps for Royal Mail.

Coupon-mad

Hmmm - this is bad news. One expects a Court claim form to be sent first class!

You've reminded me that they can complain/apply to Royal Mail to cover the loss caused (being forced to pay a fee that would not otherwise have arisen).

Foresthare

Hello again. 

So I finally received a court date and I'm out of the country at that time on a trip that can not be reorganised. 

I called the number on the letter. I was 180 in the queue! Got through after about an hour and they said I needed to email the court. I asked if I could send someone in my place and they said no. 

I emailed them a few weeks ago with a list of dates I could make but no reply yet. 

Does anyone know if I have a right to an alternative date? Is it definitely not allowed to have someone represent me? 

It would be a shame to miss my day in court especially given they had agreed to set aside. Presumably I lose my defence by not showing up? 

Le_Kirk

Presumably, as this is a defence following set-aside, you did not receive an N180/DQ which is used to tell the CNBC/court of your unavailability.  However you did email the court with those dates; suggest you forward that email to them and ask for some consideration to be given to your request that was made BEFORE they arranged the court date for a time when you are out of the country!

Coupon-mad

Is this the hearing to hear your application? You can't not turn up because there's a huge danger your application will be refused. CCJ not wiped. Not unless you send in a brilliant skeleton argument using VCS v Carr (search the forum for the thread with the hearing video).

Or is it the second hearing, re the PCN? Have you done your WS and evidence about the PCN, if it's the second hearing.

Foresthare

Yes it's the 1st hearing for my application. I didn't receive any opportunity to provide dates I couldn't make. I will email them again. 

Coupon-mad

Foresthare said:

Yes it's the 1st hearing for my application. I didn't receive any opportunity to provide dates I couldn't make. I will email them again. 

You need to insist the date is changed.

You MUST attend the hearing you paid for, or you'll be deemed unreasonable.

Foresthare

Good news - I received a letter through the post today and my date has been rearranged to the end of next month

Foresthare

I've also received a response from my MP offering to get in touch with UK Parking Ltd about my case. Do you think this could help? Or would it complicate things given the court date is set?

Coupon-mad

Definitely get the MP to complain robustly!