CCJ & High Court Rit

Coupon-mad

Definitely, just in case the judge doesn't quite think this Order cuts the mustard to meet the discretionary set aside in CPR 13.3.

You may have to tip the balance by giving a verbal overview of your defence. What is your defence going to major on?

sh4rpy03

I was planning on going down the route of not correctly receiving the claim form as I was working out of the country a was not able to respond in time, also mentioning about the inflated costs and that they have not followed the correct procedures when applying fees

Coupon-mad

No that's not the defence against the PCN. I was asking what your defence will be?

sh4rpy03

Ok so my defence against the pcn would be that the pcn was appealed at the time of the alleged offence as the machine did not give a ticket but had taken payment, I was not the driver but my wife has emails to ECP stating that they accepted the machine was faulty and not giving tickets in that day put that the payment had gone through we have bank statements to show the money coming out of bank 3 days after the alleged offence

sh4rpy03

Also the fact they have not followed up with the pcn if it was justified and has been left for over 6 years 

Bazarius

That could be grounds for a counterclaim . 

They knew or ought to have known that the machine was faulty . They also knew or ought to have known that they had received the requisite payment required . 

In your defence ask the court for permission to issue a counterclaim . Close enough at the top to capture the judge’s eye whilst quickly reading through it . 

Coupon-mad

Bazarius said:

That could be grounds for a counterclaim . 

They knew or ought to have known that the machine was faulty . They also knew or ought to have known that they had received the requisite payment required . 

In your defence ask the court for permission to issue a counterclaim . Close enough at the top to capture the judge’s eye whilst quickly reading through it . 

Except this OP is merely going to mention their defence if asked about it, at the CCJ set aside hearing. No written defence goes in yet and hopefully won't be needed, if the judge strikes out the entire claim too!

@sh4rpy03 that's a solid defence position; no worries there. Tell the judge if asked and say you may even counterclaim as well as defend.

sh4rpy03

@Coupon-mad thanks again for your wisdom 🙏

sh4rpy03

Afternoon everyone, I had my hearing today and the judge has agreed to set aside the ccj but has rejected the draft consent form, he has advised me that I will be sent a questionnaire which I believe is the N180 and just said I will see you in a couple of months. 

He seemed concerned about not receiving any letters from the claimant which I have not other than the letter of enforcement notice, and grilled me a little on having the evidence to show proof of payment which I can and can also provided witnesses. He also asked if I had seeked help online which I replied that I have read about cases relevant to mine and seeked help. 

So am I right in thinking that it has now gone back to the ccj stage and I get to tell my side of the story and provide evidence and I either win or lose. 

Thanks again for any help 

Coupon-mad

Did you get your application fee ordered to be repaid by the scammers? Or did he say he would 'reserve' costs till the next hearing?