HELP! N244 defence/argument - CCJ in absence claim not served (wrong address)

[benythebull]

thanks Rob, here is the defence

[R0b]

Thanks, will take a look and et yo know

[R0b]

Looks ok assuming you have filled out the relevant facts section. Just two things:

1. on the first page, change the title from "Defence" to "Draft Defence".

2. Paragraph. 10.1 there is an "and" in square brackets. If you intend to keep para. 10.2 then delete the square brackets otherwise delete 10.2 and the word "and".

[benythebull]

Looks ok assuming you have filled out the relevant facts section. Just two things:

1. on the first page, change the title from "Defence" to "Draft Defence".

2. Paragraph. 10.1 there is an "and" in square brackets. If you intend to keep para. 10.2 then delete the square brackets otherwise delete 10.2 and the word "and".

have done all that so hopefully can send everything of today.....cant remember is there a post about how to do this correctly?

[benythebull]

have done all that so hopefully can send everything of today.....cant remember is there a post about how to do this correctly?

Aah just noticed....what's the relevant facts section? as in what do I need to insert here?

[R0b]

You normally give some background of the facts leading up to the judgment. They should be brief and concise, not reams of pages of every little step, something like the below example but you will need to tweak it to suit your own facts and circumstances. Do not just copy and paste it because if there's something in this example that is not correct and are challenged by the parking company, then you will look like a fool on the day of the hearing.

1. In or around insert date, I applied for a credit card with my current bank, name of bank . Following a review of my application, name of bank declined my application on the basis that they had become aware of an outstanding County Court Judgment ("CCJ") in my name. I was advised to obtain a copy of my credit file with the relevant credit reference agencies as to the details of the judgment creditor.

2. That same day I obtained a credit report from credit agency, to establish the circumstances of the CCJ (see page 1 of exhibit reference). I discovered that the CCJ in question was in favour of Claimant and so I promptly contacted the Northampton County Court Business Centre for further information. I was informed that the claim related to an alleged outstanding parking charge notice ("PCN") and the claim form was issued on insert date. Due to failing to acknowledge the claim, Claimant obtained a judgment by default.

3. I received a copy of the claim form from the court and on further inspection, I noticed that the address listed on the claim form was insert old address ("old address") which is incorrect (see page 2 of exhibit reference). My current place of residence is insert new address ("new address") and I have been living here for approximately number of months or years (see page 3 of exhibit reference). I was completely unaware that Claimant had issued proceedings against me in relation to a PCN. I did not receive the application notice or any correspondence from the Claimant or their solicitors referring to the PCN nor do I have any details of where the alleged contravention took place.

4. On insert date I wrote to Claimant explaining the situation and seeking their consent to set aside the default judgment. Despite several calls to Claimant and promises that they would respond, I have not heard back from them. As such, I have had no choice but to make this application and request that the default judgment be set aside.

[benythebull]

You normally give some background of the facts leading up to the judgment. They should be brief and concise, not reams of pages of every little step, something like the below example but you will need to tweak it to suit your own facts and circumstances. Do not just copy and paste it because if there's something in this example that is not correct and are challenged by the parking company, then you will look like a fool on the day of the hearing.

thanks so much. I'm a complete moron! is the relevant facts what's in the witness statement? If so I already have them done and I think you also saw them so we are good to go. Or do I need to make a separate copy of them? keen on getting this submitted today....

[R0b]

If it's already in your witness statement, you don't need to duplicate it in your defence, so you can remove the relevant facts paragraph in your defence. Just a note on sending it, I would suggest you send it by email rather than post but is up to you (particularly with postal strikes).

Sending by email
Should be sent as a single PDF document in the following order.

N244
Witness Statement
Draft Defence
Draft Order

Email sent to ccbcfees@justice.gov.uk with the subject line something like:

Application to Set aside Default Judgment: [Claimant Name] v [Your Name] (Claim No. XXXXX)

Add a covering statement in the body of the email to say something like:

Dear Sir or Madam, please find attached the Defendant's application to set aside a default judgment in respect of the above-referenced claim. I will contact the court tomorrow to confirm receipt of the application and to pay the fee over the telephone.

Sending by post
Post should be first class but I would recommend you send by recorded delivery to ensure it is received and signed for. You will need to print 3 copies of the application, one copy for the court, one for the defendant and one for yourself which will be stamped with the court's seal when issued. All 3 copies should be in the same order as above and stapled together. Normally I would staple the N244, WS, Defence and Draft Order separately so the pages are not loose and then one staple through them all so they are all attached. It means if the court/judge wants to pull off the WS or the defence, they will have a complete stapled copy rather than a loose bunch of pages.

You should attach a cheque for the application fee but you can pay over the telephone if you like.

Again, a covering letter should be attached similar to the above example wording and confirming that 3 copies of the application are enclosed together with the cheque for the fee or if you intend to pay over the phone.

[benythebull]

If it's already in your witness statement, you don't need to duplicate it in your defence, so you can remove the relevant facts paragraph in your defence. Just a note on sending it, I would suggest you send it by email rather than post but is up to you (particularly with postal strikes).

Sending by email
Should be sent as a single PDF document in the following order.

N244
Witness Statement
Draft Defence
Draft Order

Email sent to ccbcfees@justice.gov.uk with the subject line something like:

Application to Set aside Default Judgment: [Claimant Name] v [Your Name] (Claim No. XXXXX)

Add a covering statement in the body of the email to say something like:

Dear Sir or Madam, please find attached the Defendant's application to set aside a default judgment in respect of the above-referenced claim. I will contact the court tomorrow to confirm receipt of the application and to pay the fee over the telephone.

Sending by post
Post should be first class but I would recommend you send by recorded delivery to ensure it is received and signed for. You will need to print 3 copies of the application, one copy for the court, one for the defendant and one for yourself which will be stamped with the court's seal when issued. All 3 copies should be in the same order as above and stapled together. Normally I would staple the N244, WS, Defence and Draft Order separately so the pages are not loose and then one staple through them all so they are all attached. It means if the court/judge wants to pull off the WS or the defence, they will have a complete stapled copy rather than a loose bunch of pages.

You should attach a cheque for the application fee but you can pay over the telephone if you like.

Again, a covering letter should be attached similar to the above example wording and confirming that 3 copies of the application are enclosed together with the cheque for the fee or if you intend to pay over the phone.

thank you so much. gonna get this turned into a pdf and will email today.

[benythebull]

Got this back from the court....assuming things may have changed and will call the court today....

Please note that the court cannot accept applications via email if any relevant fee has not already been paid. Court fees can be paid by credit / debit card by contacting our Helpdesk between 9.00 and 3.15, Monday – Friday. Once you have paid your fee, you may re-submit your application via email to this address if you wish to do so.