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Bit of background, a parking company has got a default CCJ registered against me for an unpaid PCN.
I didn't change my address on my log book until 3 months after the PCN, so the parking company were writing t my old address. However, I did email them appealing against the PCN. So they did have my email address.
On the day in question, the paybyphone app failed, so frustration of contract is my main defence.
I'm unclear of the Set Aside process. Can anyone confirm my understanding is correct or correct any of my points please, and answer my questions?
I am very grateful to anyone for their help. I am really quite desperate, I've just discovered I am pregnant and we need a bigger house. I can't get a mortgage now because of this. I need it removing asap so I can start getting a mortgage application underway. Please help me if you can.
I didn't change my address on my log book until 3 months after the PCN, so the parking company were writing t my old address. However, I did email them appealing against the PCN. So they did have my email address.
On the day in question, the paybyphone app failed, so frustration of contract is my main defence.
I'm unclear of the Set Aside process. Can anyone confirm my understanding is correct or correct any of my points please, and answer my questions?
- I submit form n244.
- With the form, I attached a Witness Statement. What should go in the witness statement? The fact that I didn't receive the court documents? Or a summary of the events on that day, both? The word witness confuses me, as I am the Defendant.
- With the form, I attach a Draft Defence. How is this different from the Witness Statement? I'm not sure of the difference, therefore I don't know what belongs where.
- The court receives the form and decides whether it deserves a hearing or is denied.
- A hearing date is confirmed. What do I need to do/bring for this?
- Best case, the judge sets the Judgement aside.
- Now what? At this point, I am happy just to pay the original PCN if they issue it me again. Or would they serve me with the court papers again? Either way I want it all done with asap, so would I be able to pay the charge at this point and thus have the whole thing go away?
I am very grateful to anyone for their help. I am really quite desperate, I've just discovered I am pregnant and we need a bigger house. I can't get a mortgage now because of this. I need it removing asap so I can start getting a mortgage application underway. Please help me if you can.
