** Won ** Set aside CCJ help!

[jameslsmith85]

Re: Set aside CCJ help!

Cheers.

No I'm not meaning to use my old defence. What I mean is I've said in my witness statement that I have previously successfully defended a PCN claim using the attached statement of defence. As proof that I would not have ignored the claim. Or does that seem confusing? Should I just mention that I defended the claim and then put a draft defence of the new claim?

[R0b]

Re: Set aside CCJ help!

Personally, I wouldn't put it in as that could be explained on the day in court if necessary. Keep strictly to the facts for the case at hand rather than deviate off, but again it is up to you.

[jameslsmith85]

Re: Set aside CCJ help!

OK thanks.

Same with a draft defence too? As I don't actually know the facts yet i feel any defence at this stage would be weak.

[R0b]

Re: Set aside CCJ help!

I would say so yes, that's why when you provide an order, if using similar to the one provided on another thread, says that you file a defence once you are in receipt of the claim form and particulars.

[jameslsmith85]

Re: Set aside CCJ help!

So the only bit of "evidence" as it were is my change of name deed. Everything else is just in my witness statement...

Man I'm so nervous about this working.

[jameslsmith85]

Re: Set aside CCJ help!

OK so I've printed everything off, signed it all and when I get home I'll add in my change on name deed and cheque for the court fee...

Hopefully I'll be able to report back soon with some good news.

[mystery1]

Re: Set aside CCJ help!

Take a look at these cases. As yours is a bit of an unknown it might be a bit "here is a defence i could have".

Do the signs create a contract at all ?

http://nebula.wsimg.com/b84a6ffd1e35...&alloworigin=1

http://nebula.wsimg.com/c8348f3d7a15...&alloworigin=1



Are the signs clear and legible ?

http://parking-prankster.blogspot.co...r-signage.html


Were you the driver or merely the registered keeper ?

http://parking-prankster.blogspot.co...ladstoned.html CEL did not use protection of freedom compliant notice to keepers so only a driver could be liable.


Print them off so the judge can have a read. If the judge is minded to set aside and not dismiss the claim ask that the particulars of claim comply with cpr 16 and at least 14 days to file a defence.

M1

[jameslsmith85]

Re: Set aside CCJ help!

Take a look at these cases. As yours is a bit of an unknown it might be a bit "here is a defence i could have".

Do the signs create a contract at all ?

http://nebula.wsimg.com/b84a6ffd1e35...&alloworigin=1

http://nebula.wsimg.com/c8348f3d7a15...&alloworigin=1



Are the signs clear and legible ?

http://parking-prankster.blogspot.co...r-signage.html


Were you the driver or merely the registered keeper ?

http://parking-prankster.blogspot.co...ladstoned.html CEL did not use protection of freedom compliant notice to keepers so only a driver could be liable.


Print them off so the judge can have a read. If the judge is minded to set aside and not dismiss the claim ask that the particulars of claim comply with cpr 16 and at least 14 days to file a defence.

M1

Hi thanks!

I've sent the application off now but will print these bits off for my court date (should I get it). I'm hoping to find out something later on this week so will keep you guys updated on how it's going.

Can't thank you all enough for your help so far though!

[jameslsmith85]

Re: Set aside CCJ help!

my application has been processed and is now with a judge closer to my house who's viewing it. Fingers crossed I'll find out soon what's going on.

[jameslsmith85]

Re: Set aside CCJ help!

Just wanted to give a bit of an update on this. It's been messy so far. The courts still had the wrong address for me even though I'd told them that I'd moved (hence the application I'm making in the first place!). Then they booked a hearing for me at a court I couldn't easily get too without telling me.... I've finally managed to get everything sorted out and have a hearing on the 7th April at my local court. I'm looking forward to it and to hopefully getting this sorted out finally.

I'm guessing all I need to take with me is the pack of docs I originally sent of (plus an extra copy for the judge) and any extra evidence that might help to prove that I could successfully defend the case in question?

[jameslsmith85]

Re: Set aside CCJ help!

[MENTION=5354]mystery1[/MENTION] do you think you might be able to help me out with some form of defence too? I'm a bit concerned about the fact that things have changed a bit because of this Beavis case. Obviously I should be able to still argue (because of the date of the claim) that DEAL cannot simply claim against me (the vehicle owner). But a lot of my old defence statements wont work any more.... I'm thinking wtf!

[mystery1]

Re: Set aside CCJ help!

[MENTION=5354]mystery1[/MENTION] do you think you might be able to help me out with some form of defence too? I'm a bit concerned about the fact that things have changed a bit because of this Beavis case. Obviously I should be able to still argue (because of the date of the claim) that DEAL cannot simply claim against me (the vehicle owner). But a lot of my old defence statements wont work any more.... I'm thinking wtf!

Yes, if you weren't the driver they'll have a huge problem as CEL did not.

I'll get back to you.

M1

[jameslsmith85]

Re: Set aside CCJ help!

Yes, if you weren't the driver they'll have a huge problem as CEL did not.

I'll get back to you.

M1

Thank you. Really appreciate it. This forum is incredible, more people should know about this place!

[jameslsmith85]

Re: Set aside CCJ help!

[MENTION=5354]mystery1[/MENTION]

Just thinking about this defence, or a possible defence anyway. I'd like to take something with me on Friday but without knowing the particulars of the actual claim I'm not sure what I can do. Do you think I might be able to edit the statement you posted up in http://legalbeagles.info/forums/show...ng-fines/page1 but tweak it a little (add in about the date meaning they need to proove the driver etc) and say to the judge that once I know the particulars of the claim this is the defence template I'll be using?

[mystery1]

Re: Set aside CCJ help!

Sorry i haven't done this yet but i will.

M1