Active CCJ dispute/set aside

[BlackMagic_]

On a side, this is the automated litigation response.

I will wait and see if they respond to my mail.

They have previously had initial contact with me to direct them to their legal team. Nothing like being thrown between pillar and post

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Thank you for your email which has been received by the Litigation Team. This email is automatically generated; please do not reply to this message.

Please refrain from submitting unnecessary duplicate correspondence by only using one method of email, post or fax.

Response Time

We will endeavour to process your email within 28 working days.


Please note that we do not accept service of documents by email.

Important Note:

- If a claim has been issued we will not deal with any further appeals. Please direct your defence to the County Court Business Centre [CCBC] or the allocated Court.

- If you have already received a response from us dealing with your initial query, we will not respond to any further correspondence from you. Our letter would have informed you that our decision was final.

- We will not deal with any disputes over the telephone or by email.

- We cannot accept any responsibility for any activity in relation to your Claim should you fail to provide us with the requested information within the relevant timescales.

- If you are wishing to obtain payments details please call 0114 231 7851. We must advise you that this is a payment line only.

- If you are a third party acting for the account holder, we cannot deal with correspondence from you unless the account holder authorises you to act on their behalf.

- All documents should be served at the address of 2 Europa Court, Sheffield Business Park, Sheffield, S9 1XE.

- If your require any Court Forms please follow the link; https://hmctsformfinder.justice.gov..../FormFinder.do


Payment Line – 0114 231 7851


(Opening Times 09:00 – 17:30)

[R0b]

In the meantime, you can prepare your witness statement and draft order to suit, should you need issue an application without consent.

I have an example statement floating around that you can use as a starting point but will need to dig it out.

[R0b]

Here you go, I've managed to find a template I prepared some time last year consisting of a witness statement, draft order and N244.

Note on the N244 there is wording in the evidence box but it is an either or option i.e. you either utilise what's been drafted in the box or you use the witness statement which is more detailed (I prefer the latter but your choice).

You will need to adapt to suit.

[BlackMagic_]

Just a brief update to note that unsurprisingly VCS directly have not responded to my mail.

[R0b]

Well, crack on then.

[BlackMagic_]

Hi

I intend to send my application (the attached documents) imminently. Please can i ask for a final eye casting if possible?

For the remaining draft order gaps to fill (2 & 4), i assume they are for the court to fill and no estimate or similar is supposed to be filled by myself?

Just to clarify as i've heard conflicting advice, do i send both claimant and court copies to the court or one to the court and one to Elms(claimant legal rep)?

thanks

[BlackMagic_]

I notice that the automated CCBC email response states:

You will need to send any ‘claim response’ which includes the acknowledgment of service, part admission or defence/counterclaim forms as well as directions questionnaires (DQs) directly to ccbcaq@justice.gov.uk to ensure that they are filed correctly. Your email has not been forwarded.

N244 and N245 applications should be sent to ccbcfees@justice.gov.uk

I was under the impression it was all postal but email is more welcomed. the official n244 notes form on the gov website doesn't actually say where to send it.

In which case do you know where i send my application - i would think ccbcfees from the above but just to check thanks

[R0b]

Some feedback below.

Your N244 Form
1. You need to change the colour of text on yourN244 form from blue to black.

2. Paragraph 2 is unnecessary as you are essentially saying the same thing in your WS.

3. You have omitted your claim for costs in Q3, if you want to claim it as your draft order suggests, get it in there otherwise you may be rejected because you haven't asked the court for it.

4. You've not completed Q6, put in 30 mins.

Witness Statement
1. The WS could be better structured e.g. paragraph 6 isn't really suited where it is because you are setting out the relevant facts and background where this is an opinion or allegation. However, it's probably not fatal and given that you want to submit this tomorrow then probably leave it in.

2.Don't think you need paragraph 13 which is just a regurgitation of the CPR which I'm sure the judge will be aware of. Again no harm in keeping it in but just not necessary.

3. Paragraph 14 doesn't make sense to me because I can't see any reasons in your WS that you have grounds for a defence. I think your suggesting paragraph shows grounds for a defence but really if you are relying on a defence as a ground for setting aside then you should really provide a draft defence as part of your application, so the judge can see how you would intend to defend it and the reasons.

4. Your statement of truth is out of date. There is a new one you must include which is below.

I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Draft Order
1.Blue text needs changing to black.

2. In para. 2 you mentioned that VCS should file detailed particulars but unless I missed it, there wasn't anything in your WS to suggest that their particulars were inadequate plus you would need explain why they are inadequate. You could however explain that at the hearing instead.

3. Para. 5 refers to your application costs but what about your costs preparing the application and drafting the witness statement and draft order? You are entitled to seek an hourly rate of £19 per hour. CPR 46.5 allows this and the Practice Direction confirms this at 3.4

As for your other questions, the judge completes the blanks but confirm these at the hearing, don't just rely on the judge ask him to confirm that the draft order is sufficient or you can put the times in your e.g. 14 days each.

No need to send the application to the other side, this is done by the court as you have completed Q9.

[BlackMagic_]

Many thanks Rob. All taken onboard.

Final call: I have attached a new draft order if you could take a look.

I am then going to send all of my documents to ccbcfees@justice.gov.uk as that appears to be most appropriate

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"You will need to send any ‘claim response’ which includes the acknowledgment of service, part admission or defence/counterclaim forms as well as directions questionnaires (DQs) directly to ccbcaq@justice.gov.uk to ensure that they are filed correctly. Your email has not been forwarded.

N244 and N245 applications should be sent to ccbcfees@justice.gov.uk"

[R0b]

Remove that image from the second page and just add the £95.00 to the £255 so the total costs should be £350.

If you are sending by email, do you qualify for the fee exemption otherwise how are you going to pay? If you do qualify, you need to make sure you put your HWF fee on the N244 at the top right corner.

[BlackMagic_]

Remove that image from the second page and just add the £95.00 to the £255 so the total costs should be £350.

If you are sending by email, do you qualify for the fee exemption otherwise how are you going to pay? If you do qualify, you need to make sure you put your HWF fee on the N244 at the top right corner.

ok thanks.

Yes, my N244 features HWF code (which i generated through online route via the gov application website around a week ago) I have put this in the relevant box on the form.


They make it a tad unclear on various gov sites / pages where to send all of this and by what method in my opinion but here are the steps / response i received when going down the online route if interested.

Complete your application for help with fees 1. Write this application reference on your claim form HWF-EVR-MQX 2. If you’re not using a paper claim form, you still need to send your application reference to the court. You can use this template: Reference: HWF-EVR-MQX I completed an online application for help with fees on 07/01/2021. Yours sincerely, MR 3. Deliver your claim form to the court or tribunal dealing with your case (by post or in person) 4. You'll hear from the court or tribunal if your application is unsuccessful or if they need more information from you. Your case will not proceed until you send your reference number and claim form to the court or tribunal.

[BlackMagic_]

I have just had my hearing today via telephone despite turning up to court as the court letter incorrectly stated that feb 5th at the court and that any subsequent hearings be via telephone from the 30th march(!) - talk about stressful. I found this appalling.

Well this was the first sign of how things would turn out for me as the Judge dismissed/failed my application.

Despite the judge himself highlighting and challenging the claimant that they only took an immediate dvla check to ascertain keeper address and the statement context he dismissed the notion that the claimant had reasonable reason for suspecting an incorrect/obsolete address. He acknowledged that claim form was not received. He also dismissed any defence and needless to say 13.3 too.

I do wish i had said more given this outcome and truly believed that i had a good chance especially when viewing some of the other witness statements and cases which have been successful in the past.

The Judge even dismissed my appeal. The claimant legal rep even had the cheek to say it is unreasonable to expect multiple checks to be made even though this was not being asked of them a simple single check during escalation and before claim issuance would have sufficed given they had had no response or contact. The legal rep also even pushed for costs which thankfully the judge dismissed.

I am and will be more, significantly impacted now personally and professionally. Looks like this will have to be swallowed as a harsh life lesson.

Despite, this i just want to thank the forum particularly Rob as the help and content was valuable.

[R0b]

Sorry to hear about your case, it's always a risky trying to pin hopes on CPR 13.2 as the main reason to set aside judgments, which is why it is always best to try and explain another good reason or file a defence under CPR 13.2. What was the judge's reason for suggesting that the claimant had no reason to suspect you were not living there?

I don't know what you actually referred to in your defence but for parking tickets there is normally a number of points you can raise which would give rise to a reasonable defence and thus satisfying the requirement. Out of curiosity, what was the defence you filed with the court and why did the judge dismiss it?