legal challenge on CCJ EURO car parks

AdalEmpress

I was taken to court by DCBlegal on behalf of Euro car parks. Unfortunately, I have not seen any court paperwork and order was made without my knowledge. I received the paperwork with outcome of the order on the 8 April 25. I have been in hospital since 27 March and currently in rehabilitation following surgery so I have not been able to rigorously defend my case and I now have a CCJ against me. I want to request for this order to be set aside and I have made contact with the courts. I was advised to complete N244 notice but I am not sure at this stage if a witness statement should include why I think this case should have never been brought to court or if I just need to do a statement as to why I did not defend my case and want the order to be set aside.  I believe that I have a strong case against the parking company as my 'overstay' was less than 5min.

I have read alot of threads and I am now getting a little confused of what the latest updated information is. I would truly appreciate further guidance on this matter. 

Nellymoser

Are you saying you didn't receive Court Claim Form pack from court admin centre (CNBC)
Did you receive pcn and reminders from Euro Car Parks? 

Have a read of NEWBIES Announcement thread  2nd post titled Small Claim there's section on CCJ.

Coupon-mad

Just read the SECOND post of the NEWBIES thread (we will not link it; see my signature for how to hop there in a nanosecond).

Read the SECOND POST OF IT ONLY and go down to the section on CCJ set asides. Read that, and the linked example.

Do you qualify for Help with fees? (Google it). If not this will cost you £313.

AdalEmpress

Nellymoser said:

Are you saying you didn't receive Court Claim Form pack from court admin centre (CNBC)
Did you receive pcn and reminders from Euro Car Parks? 

Have a read of NEWBIES Announcement thread  2nd post titled Small Claim there's section on CCJ.

I have, but I did not see it as the post was looked after by someone else. and only saw it after my discharge from hospital. I also received the PCN and reminders but there is very little recourse to deal with these people until it escalates to court. 

Coupon-mad

AdalEmpress said:

Nellymoser said:

Are you saying you didn't receive Court Claim Form pack from court admin centre (CNBC)
Did you receive pcn and reminders from Euro Car Parks? 

Have a read of NEWBIES Announcement thread  2nd post titled Small Claim there's section on CCJ.

I have, but I did not see it as the post was looked after by someone else. and only saw it after my discharge from hospital. I also received the PCN and reminders but there is very little recourse to deal with these people until it escalates to court. 

Didn't really 'look after' your post did they?! Oh dear. Surely they were primed and ready, given toy'd have had a LBC beforehand. Never mind.

As you were in hospital, you can apply under CPR 13.3 as the court has discretion to set aside a CCJ when there is 'good reason'.

But as I said, if you don't qualify for Help with fees (Google it), this will cost you £313.

AdalEmpress

thank you for your advice, can I ask for a set aside and dismissal of the case in one go? or does the first hearing need to be to set it aside and once that is accepted I would need a new witness statement pertaining to the case itself? 

Coupon-mad

Usually it runs to 2 hearings. Or one hearing then a discontinuance when DCB drop out!

If you do what the NEWBIES thread says (and if DCB Legal agree to your application when you email them first with a tweaked* version of the email we show there) the fee for consented set aside is £129.

*tweaked to remove the stuff about it being their fault by sending the claim form to an old address, and of course replacing that (in your own words) with info and attached evidence that you were in hospital.