** Won ** Set aside CCJ help!

[jameslsmith85]

Re: Set aside CCJ help!

Hey, it's OK. I didn't want to push you so wondered if I could use that instead.

It's just awkward where all I know is that there was a claim and it was for parking....

- - - Updated - - -

just double checked the company on companies house...

https://beta.companieshouse.gov.uk/company/08855263

dissolved as of 21st March this year...

Do I even need a defence?

Can I just say to the judge that they're dissolved now so you might as well dismiss this claim?

[mystery1]

Re: Set aside CCJ help!

I knew that but there should be someone collecting the money to pay any creditors. A liquidator or perhaps the "debt" was assigned and they never sent a letter of assignment to you.

M1

[jameslsmith85]

Re: Set aside CCJ help!

Does the fact that they're dissolved help me at all you think?

[mystery1]

Re: Set aside CCJ help!

The claim was not served properly. The claimant knew that I was at xxxxxx and indeed launched another claim for a different ticket at that address which was current at that time and lodged the case we are dealing with now at an old address. Obviously this was not the “last known address”.

The claimant claims that the “debt” was assigned. The claimant only had 87.5% assigned to it and the assignment was not in accordance with the law of property act 1925. It was also the assignment of a right to litigate and should fail due to champerty and maintenance.

The claimant has no proof of who was driving and it is unrealistic for anyone to remember an unremarkable journey from 6 years ago (or indeed 4 years ago if it had been at the time of claim). There was no keeper liability then and without proof of who was driving no valid claim can succeed.

The parking company did not have large, prominent and legible signs sufficient to make a contract. Without such there is no contract. Parking Eye v Beavis 2015 Further it was not the parking company M.O. to have signage creating a contract at that time.





I don't think you need an actual full blown wordy defence just enough to show you you can win which the above does. If the Judge is happy that service was bad, which it appears to be, you should have no issues. Take any proof of this with you.

The worst thing about the liquidation is that the chances of getting the court fees back are pretty much none existent.

M1

[jameslsmith85]

Re: Set aside CCJ help!

Thank you for this. This will be very useful. With the bit about them knowing where I was. The other claim I fought was against CEL, this one is DEAL... Can I still use that line?

Thanks again.

[mystery1]

Re: Set aside CCJ help!

To all intents and purposes they were the same company. Go through your paperwork and link the names/addresses and those of CEL https://beta.companieshouse.gov.uk/c...45677/officers to show as much.

Also check the date of assignment (if possible) and compare that to the other claim.

M1

[jameslsmith85]

Re: Set aside CCJ help!

Thanks,

I don't have the date of assignment of the current claim but just checking the details the court gave me the address is the same one for CEL when I was dealing with them.

I think I'm safe to leave that line in then. Thanks again M1, really, I can't thank you enough.

[jameslsmith85]

Re: Set aside CCJ help!

I've adapted that first line slightly to include the other claim number and the fact that that claim was a year earlier then this one. Do you think this is a good idea?

The claim was not served properly. The claimant knew that I was at xxxxxx, and indeed launched another claim a year earlier for a different ticket (OTHER CLAIM NO) at that address which was current at that time and lodged the case we are dealing with now at an old address. Obviously this was not the “last known address”.

[mystery1]

Re: Set aside CCJ help!

Well if you didn't get a letter of assignment



The claimant claims that the “debt” was assigned but i never received a notice of assignment. The claimant appears to only have had 87.5% assigned to it when looking at their normal assignment letters which are easily found on the internet and the assignment was not in accordance with the law of property act 1925 anyway. It was also the assignment of a right to litigate and should fail due to champerty and maintenance.


http://parking-prankster.blogspot.co...-made-bad.html


M1

[jameslsmith85]

Re: Set aside CCJ help!

Great thank you. I've updated that part of my draft defence to take with me.

[jameslsmith85]

Re: Set aside CCJ help!

Does this seem OK?

[mystery1]

Re: Set aside CCJ help!

Should be fine and certainly shows "(a) the defendant has a real prospect of successfully defending the claim; or"

M1

[jameslsmith85]

Re: Set aside CCJ help!

Fantastic!

Thanks again.

I'll be back soon with some hopefully amazing news then

[jameslsmith85]

Re: Set aside CCJ help!

So the judge set aside my claim. But she wasn't overly happy about my arguments. I thought she wasn't going to do it.

She's ordered that i have 28 days to file and serve a defence and given me a copy of the original claim.

So now i need to get a proper defence sorted.

Thanks to all so far.

[mystery1]

Re: Set aside CCJ help!

Remove personal info and post it up.

I wouldn't think a proper liquidator would send anyone to a hearing given there is no financial gain for them. Interesting.

What was she unhappy with ? Or did she just not like you/your case in general ?

M1