CCJ & High Court Rit

Coupon-mad

sh4rpy03 said:

Noted thank you, so I need to email the writ to dcbl and the high court that enforced the writ is that correct and also would it be suffice to ask for a remote hearing as with me working away I don’t want to get a date through and not be able to make it 

Nobody said anything about dealing with the high court. No. You aren't dealing with them and they don't handle these applications anyway.

Your local county/family  court does it.

If you search the forum and find the case like yours from February, you'll see the OP went totally wrong at first by doing that (oh dear) and we had to pretty much yell at them to go to their LOCAL COURT for speed in staying the writ. They had that 'stay' secured within 48 hours.

Why not attach a N180 form stating your unavailable dates too?

1505grandad

In case of urgency if I may:-

https://forums.moneysavingexpert.com/discussion/6586457/help-with-ccj-writ-of-control/p1

Coupon-mad

1505grandad said:

In case of urgency if I may:-

https://forums.moneysavingexpert.com/discussion/6586457/help-with-ccj-writ-of-control/p1

That's the one! A worked example.

sh4rpy03

@Coupon-mad yeah sorry I posted before I started reading it read through it now and that would be a good idea thank you just sitting down to start filling it out now. 👍

ChirpyChicken

And just to manage expectations it may take several months depending on your local court for a hearing. 

sh4rpy03

Hi everyone i really appreciate the help so far im struggling to find templates to fill out the n244 and the witness statement if you could point me in the right direction there are just so many threads and i only have this evening to complete also i have taken your advice and removed the cars from the property

Coupon-mad

Isn't there an example in the linked thread from last month?

sh4rpy03

Not that i can see? but it could just be me been daft all i can see is threads is there a actual template section in the forum sorry for all the questions and i really do appreciate all the help

ChirpyChicken

The issue you have is your wife sent the claim for to the parking firm
So you need to ask for a discretionary set aside on the basis you did not receive the claim form
I personally for this case would simply do thr n244 don't do an attached witness statement but write it all in the form
Add a simple defence ground and get it logged 
Your hope is the judge will ask you to log a fully pleaded defence and witness statement 

sh4rpy03

Ok So can i keep it brief on the form and basically just mention about the dates of the PCNs and that we have not had any correspondence after the initial appeal until now.

so in section 3. What order are you asking the court to make and why? shall i just put ' discretionary set aside as no claim form received' and then later mention in my defence that my wife had filled the form out in error.