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CIVIL ENFORCEMENT LTD have filed a CCJ
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ok great thanks. Will it go against me if I am not the most confident in reading gout my entire case? Will it literally be a case of reading it all out in order?0
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Can you take someone with you to help calm you or act as your rep to speak for you?
If not just tell the Judge you are nervous and feel unconfident about reading out your case, so if he/she can bear with you, the case to get the CCJ set aside and your prospects of successfully defending this charge will be clear, you hope.
Is this the set aside hearing or the actual hearing after a set aside has been agreed?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 -
it's the first time I'm going to court since applying. I wasn't sure if it was too late for me to take someone now, if I hadn't included details of a legal representation in my initial correspondence to them?0
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I guess that makes it the seta side hearing?0
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It's a set aside hearing if your set aside application hasn't yet been determined.
It's not a legal rep it's a 'lay rep' and you have the right to use a relative or friend in that way:
http://www.legislation.gov.uk/uksi/1999/1225/made
You don't have to ask in advance.
Print that out and take it with you in case you are told you can't use a lay rep, and make sure the Judge knows the friend is a lay rep, not a McKenzie friend (the latter can't speak for you like a lay rep can).
However this hearing is just about you showing you didn't get the claim form/or could not respond to it, didn't know about it, and that you acted very quickly as soon as you learnt about the CCJ, and that you have good prospects of defending the case and that CEL always discontinue after this stage so you ask the court to order that the costs be refunded by CEL.
Or in the alternative, that your costs be stayed pending the Claimant proceeding with the claim after set aside, and if they discontinue, they then have to refund your £255 and your costs for the day at court.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 -
ok great, thanks that's really helpful. The trouble is I don't have a friend or relative who would be any use in this situation. I don't really have any friends with legal understanding. I have printed off all my original documents and three pieces of evidence linking me to the address I was at during the date the CCJ was issued. Should I attempt to do this on my own? I am personable and capable of reading it all out, but I will literally just be reading it all out. Or is there anyone else I should consider asking?0
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No-one else, you can do this, people do.
It's not just about showing you didn't get the claim form.
You must also show that you are not liable for the charge at all and that CEL can't hold you liable as registered keeper, and other points of defence (that do not identify the driver) if the Judge wants a precis of your defence.
And have your costs schedule with you including the £255, and ask for that order so that CE have to refund it either straight away (if they Judge agrees they had no cause of action against you) or when they discontinue as they always do.
Don't get so relieved the CCJ is set aside that you leave the room without asking for an order for costs to cover you in the event of the typical CEL discontinuance. You should not be left out of pocket by a chancer who has no intention of turning up.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 -
ok, great. Thankyou so much. I shall spend the weekend reading over everything so I am as confident as I can be, and make sure all of my papers are in order. I guess that's all I can do at this point?0
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ok so I've just got back from the court after the hearing of application. The judge has set the judgment aside. I now need to prepare further evidence. CEL did not show up. What else can I do to bolster my case? If I contact CEL for further info about this PCN it will alert them to this case on't it?0
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You must also show that you are not liable for the charge at all and that CEL can't hold you liable as registered keeper, and other points of defence (that do not identify the driver) if the Judge wants a precis of your defence.
I keep asking this but have not had an answer. What happens if you hold you hand up and elect to pay at the lower rate?You never know how far you can go until you go too far.0
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