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County Court Claim Form Received

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  • #16
    At the set aside hearing I will be asking for the CCJ to be set aside on 2 main grounds
    1. I acted reasonably and promptly in responding to the claim but my mail was delayed due to building work which meant the postman/woman was unable to access the property to deliver
    2. There is a realistic prospect of the original claim being dismissed

    On point 1 I understand there has been previous CCJs set aside even though the defence was submitted out of time.

    On point 2 no evidence has been offered to support the allegation and as the car park is not monitored by ANPR cameras or barriers how have they concluded the terms were breached?

    Comment


    • #17
      So how did they know that it was your car involved?

      Comment


      • #18
        CCJ has been set aside as the judge was satisfied i had a realistic prospect of successfully defending the claim. She had been provided with photographs and a statement from the parking company, which i've not seen, that were unclear with dates, times and locations. I need to submit a defence within 14 days with a copy to their solicitor. Can anyone help with this part of the process.

        Comment


        • #19
          CCJ has been set aside as the judge was satisfied i had a realistic prospect of successfully defending the claim. She had been provided with photographs and a statement from the parking company, which i've not seen, that were unclear with dates, times and locations. I need to submit a defence within 14 days with a copy to their solicitor. Can anyone help with this part of the process.

          Comment


          • #20
            Received the papers from their solicitors now detailing the evidence they are relying on. It has photographs of the vehicle parked after a ticket was issued but none from its arrival. There is a statement saying that the vehicle was seen in the car park on 2 occasions more than 2 hours apart and the assumption is that the car has been there continuously for that period.

            Comment


            • #21
              Can you show that the car was elsewhere between the times claimed? A sworn statement from someone else should help or a dated and timed receipt.

              Do the photographs show a windscreen ticket on the car? Or do the letters hint at a windscreen ticket.

              Comment

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