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CCJ set aside
Comments
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Thank you, nosferatu1001
Shame, I like a fair fight.It doesnt matter too much as CEL wont turn up.
Good idea. I have had 4 or 5 versions of this and chopped and changed it after reading different posts:Show us your draft order. It MUST include provision that CEL pays your set aside fee if they discontinue, which they WILL DO.
Upon reading the Defendant's application dated <date>.
It is ordered that:
1. The judgment dated <date> be set aside.
2. The Defendant shall file and serve its Defence by 4pm following 14 days after the date on which the judgement is set aside.
3. The Claimant do pay the Defendant's costs of this application to the sum of £255.
4. The Claimant has permission to file and serve a reply if so required.
5. The Claimant do pay the Defendant's costs for the Set Aside Hearing of £<a sum between 300 and 400>.
Thanks. I'm ready to send off now.Usually 21 days is the max you can leave it before making the applicaiton, so DO NOT delay. If asked just apologise and state you did this as soon as possible however you had a prior holiday booked with family which could not be caneclled at such short notice.
Do I send a copy to the Court for each party concerned? Or just one copy to the Court and then separately send a copy of the N244 and Draft Order to the Claimant?
Thanks again in advance for such a great amount of help this forum has provided.0 -
At any time after securing a judgement a claimant can take enforcement proceedings against the defendant all at the defendant's extra cost (eg bailiff/attachment of earnings)
To stop this happening you need to ask that any enforcement proceedings be put on hold pending the outcome of the set aside application0 -
Yes send 2 copies to the court, they will send one to the ClaimantFridge_Emptier wrote: »Do I send a copy to the Court for each party concerned? Or just one copy to the Court and then separately send a copy of the N244 and Draft Order to the Claimant?0 -
At any time after securing a judgement a claimant can take enforcement proceedings against the defendant all at the defendant's extra cost (eg bailiff/attachment of earnings)
To stop this happening you need to ask that any enforcement proceedings be put on hold pending the outcome of the set aside application
And add another one to the Draft Order:
- In the event that costs are initially reserved at set aside stage, should the Claimant discontinue or fail to pay the main hearing fee to continue their claim within the timeline set by the Court, the Claimant will be required to pay the Defendant's costs, including the set aside fee, and the Court will consider an application for further costs on the indemnity basis, given the fact that a claim against a registered keeper, without using the provisions of Schedule 4 of the POFA 2012 and with no identification of the liable party (driver), has (and always had at the time of the claim) no realistic prospects of success.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top of this/any page where it says:
Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Quentin, thanks for this.At any time after securing a judgement a claimant can take enforcement proceedings against the defendant all at the defendant's extra cost (eg bailiff/attachment of earnings)
To stop this happening you need to ask that any enforcement proceedings be put on hold pending the outcome of the set aside application
Where/how do I do this? Put it in the draft order I send the Court?0 -
Thanks again Coupon-mad.Coupon-mad wrote: »And add another one to the Draft Order:
- In the event that costs are initially reserved at set aside stage, should the Claimant discontinue or fail to pay the main hearing fee to continue their claim within the timeline set by the Court, the Claimant will be required to pay the Defendant's costs, including the set aside fee, and the Court will consider an application for further costs on the indemnity basis, given the fact that a claim against a registered keeper, without using the provisions of Schedule 4 of the POFA 2012 and with no identification of the liable party (driver), has (and always had at the time of the claim) no realistic prospects of success.
^ Does this apply to me as I am not disputing I was the driver?0 -
as I am not disputing I was the driver?
Why the heck of hecks not? It's CEL who can't hold keepers liable!
ONLY take that route if you have already blabbed.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top of this/any page where it says:
Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
I am an honest person and will take on the chin what I deserve but in this case, I did not deserve any of it. I'm not the registered keeper and pretending it wasn't me pushes the problem onto the person who loaned me the car. Not my kind of tactics.Coupon-mad wrote: »ONLY take that route if you have already blabbed.0 -
Yes .Fridge_Emptier wrote: »Quentin, thanks for this.
Where/how do I do this? Put it in the draft order I send the Court?
You do need to acquaint yourself with the whole set aside process - plenty of advice here and of course via google (also bearing in mind your approach to this not being dealt with promptly!)0 -
Nevertheless the keeper cannot be held liable by CELFridge_Emptier wrote: »I am an honest person and will take on the chin what I deserve but in this case, I did not deserve any of it. I'm not the registered keeper and pretending it wasn't me pushes the problem onto the person who loaned me the car. Not my kind of tactics.0
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