CCJ sent to my old address - Set aside application and fee payments

cappy182

(Quoted post removed by Forum Team)

Thanks for all your support.

But can I still rely on the Carr's case to support the fact the Claimant has to take reasonable steps in order to get the claim deliver effectively?

And what about my 19 point regarding Chan's case? Can I mention this too? Not sure about the part of PoC though.

Any correction or anything to add to support my WS? I will try to get a compensation for the expenses for the N244 fee but seems that I can't rely on many cases as other people posts.

Coupon-mad

You can rely on every case people have used last year, except Mazur.

cappy182

Hi, just an update with my N244 application to set aside CCJ delivered to an old address.

I contacted CNBC the day after I've submitted the application by email on the 5th Feb.

The first call I had was with a woman. She said that I could've paid on the phone. They put me through their team that handle the payments but I've been cut off after being half an hour on the phone.

When I called them back I spoke to another guy, and he said that it's not worth paying right away and better to wait for the response to my application which takes a while, and then pay the fee when I will be asked to do it.

So I've decided to wait but now it's already been a month with no answer to my application and nobody asked me the money fee so far.

In the meantime, DCB Legal had the decency to respond to my email I've sent them on the 12/01. It took them just over a month to respond!

Shall I send them a response about I had already submitted the N244 or just ignore them?

Despite how all the process will go at this point, I really appreciate the support of your community on this forum. I admit that has been hard to put all the legal pieces and cases together for my application. But today when I went through my WS again, I'm really satisfied with it and I would never thought that I would've been able to do such a thing.. Especially when English is not your first language!

Coupon-mad

When I called them back I spoke to another guy, and he said that it's not worth paying right away and better to wait for the response to my application which takes a while, and then pay the fee when I will be asked to do it.

He was wrong.

Your application is going nowhere.

Ring up the CNBC fees team and INSIST on paying the fee and make a complaint about him.

cappy182

Hi @Coupon-mad, just un update with my CCJ set aside application.

I did as you said and paid on that day.

They finally sent me a Notice of Hearing (dated 2 Apr 26) and they will review my case in court on the 30th April. They estimated only 15mins face to face hearing apparently.

It says that I have to bring my hearing letter with me, but no mention about WS, Draft order or proofs neither. It says to bring any papers for the hearing (very vague). Shall I print all the documents that I had already submitted to CNBC email? I'm not sure they forwarded all my evidences to the local court.

Thanks again

Coupon-mad

Yes bring two copies of everything and at least a week before the hearing, put in your costs assessment sheet including time off for the hearing, travel, printing costs (add receipts) and your £313 application fee which you were forced to spend because the Claimant refused to consent, despite being asked to.

Also, be aware if one thing: DO NOT AGREE if the Judge says:

"Good news, this'll be easy! The Claimant has agreed to your application so I don't need to hear from you".

Errr… "yes you do, Judge, on the matter of my costs. I rely on VCS v Carr (2025 Court of Appeal authority re a similar Parking case CCJ where an old address was used) where Mr Carr had the CCJ set aside, the claim dismissed for want of service within the 4 month period - and all his costs because CCJ default cases like this have never been allocated to track."

cappy182

https://forums.moneysavingexpert.com/discussion/comment/81956493#Comment_81956493

Oh thanks a lot! That's what I needed to know as I'm not very confident with Courts.

Just 2 more questions:

1- are they going to send this cost assessment sheet? Is there any template on this forum or I can just copy the last point of my WS on which I asked the cost of my application being refunded (plus some extras for the stress and hours of work in preparing it!)

2- when you're saying 'the Claimant refused to consent, despite been asked to.' , are you referring at that email I showed you on my last post and they refused to resolve the matter avoiding the court path? Because I haven't replied to their email since! The only time I contacted DCB Legal was in January when I sent them my defence letter and asked them to cancel CCJ as it has been delivered to the wrong address.

Finally, I take the opportunity to thanks all the community on this forum and really appreciate your job in helping people like me against these parking thieves. I'll keep you update with my court decision.

Coupon-mad

Just search the forum for Costs Assessment. It's not a form. It's your list!

when you're saying 'the Claimant refused to consent, despite been asked to.' , are you referring at that email I showed you on my last post and they refused to resolve the matter avoiding the court path?

Yes. You asked them to consent and they finally replied two months later (too late) fobbing you off.

cappy182

Hi, another update regarding my set aside application. The hearing is scheduled for tomorrow but I totally forgot to send them an email with my Cost Assessment that you suggested to do it.

So I rang the Local Court today as I haven't heard from them since they sent me the notice of hearing letter after Easter.

They said that my hearing is still planned at the time on the letter but they couldn't access on my records to check if CNBC forward the application email with all my defense documents.

Finally, they gave me a contact where to send all the documents and evidence in support of my case, witness statement and order included. There is a paragraph on my WS which I mention the costs that I would like to get reimbursed in preparing my application.

At this point, I suppose the judge won't be able to go through my defence just before the hearing so I've printed all the paperwork but I'm just sending everything by email anyways.

Reviewing my WS, I've got a doubt to use Chan and Akande's cases in my defense as they refer to 'defective' POCs which I'm not sure that suits my case as the POC of the original claim form states these points:

3. The Defendant is pursued as the driver of
the ehi for breach of the terms on the
signs (the contract). Reason: Exceeding The
Maximum Duration Of Stay Permitted At.

4. In the alternative the Defendant is
pursued as the keeper pursuant to POFA 2012,
Schedule 4.

I quoted these cases in my draft order and WS but probably I made a mistake?

But I will definitely quote Carr when the judge will ask my evidence and why the CCJ should be set aside and claim struck out.

Thanks for all your support and let you know how it will go tomorrow.

Coupon-mad

Take proof of your costs with you (receipt for the £313 and wage slips to prove loss of leave for the day, and travel & printing costs).