** Won ** Set aside CCJ help!

[jameslsmith85]

Re: Set aside CCJ help!

Removed the relevant part about your letting agency as I don't think it applies? Unless the PCN relates to a charge onsite of your last premises, but I don't think you know that do you? If not, all you need to say is that you updated your address, and perhaps insert your new address information in this section.



You mention in the paragraph above that you have no recollection of receiving a PCN from them but in your original post you said you recall receiving one but ignoring it. Am I missing something? This could put you on sticky ground because you would be misleading the court and if the PCN Co. asked you whether you received a letter and then said yes, that would be sufficient grounds to have the CCJ remain on your credit file. That's because you chose to ignore them and moved house, where you could have communicated and notified them of you moving house yet as you didn't do that, it would be nobody's fault but yours. Something you might want to be mindful of, and ignoring letters is not always the best course of action to take.

Have you tried to contact the PCN Co. to obtain further details of the alleged offence? If so then you may want to include that somewhere and their failure to respond.

As for what Court you insert in the Witness Statement, it would be the court that is hearing your case.

In terms of the N244 application form, you should remove CPR 13.2 as that is not relevant to your application.

In your Defence, the heading must be the same as your Witness Statement, otherwise it is not correctly headed. When I mean 'heading' I'm referring to the information at the beginning of your Witness Statement i.e. the name of the Claimant and Defendant etc. You should also put the title as 'Draft Defence' not Defence as that would imply it is your finalised defence.

Thanks for the feedback.

To be honest I've had a few of these PCN's through from a couple of car parks in my area. This has been due to a number of reasons but usually comes down to the fact that their system doesn't work so you can't ever pay for your parking properly and end up getting a fine through. That being said I can't actually remember if I've had a letter for this particular PCN or not. Perhaps a quick phone call to the claimant might help to clear that up.

If I have received a letter from them is there any way to fight this? Or is this instantly impossible?

[jameslsmith85]

Re: Set aside CCJ help!

OK so just called the phone number I could find for DEAL and couldn't get through. Are these guys even still in operation?

[R0b]

Re: Set aside CCJ help!

Well you either plead ignorance in that you leave it up to them to prove you were in receipt of one or you tell the court you may have received one.

Either way, the lack of response from you should have prompted them to make inquiries as to whether you were still living there and should have done this prior to the issue of the claim form. If there has been a reasonable lapse of time then you could argue they should have followed CPR 6.9 in ascertaining your whereabouts. The onus would shift back to them to prove they took reasonable steps prior to issue.

[jameslsmith85]

Re: Set aside CCJ help!

Thanks. Would it be wise to perhaps say something like this then.

7. I have no recollection of receiving any PCN from [NAME OF CO.] at my current address however I cannot confirm that I definitely did not, nor have I received any claim form in connection with the alleged offence. The Claimant is under an obligation to undertake a reasonable search of my current whereabouts pursuant to CPR 6.9 and had it done so, would have become aware that I had in fact moved address. Therefore, service of the claim form was defective as the Claimant did not take reasonable steps to ascertain my current place of residence.

[R0b]

Re: Set aside CCJ help!

If you insert that wording then you put it in the hands of the judge to decide as a matter of fact, and the PCN Co. may latch onto that and say they did send a letter, and then you are scuppered. Perhaps leave it out and up to them to raise, having no recollection is not saying you never received a letter but you simply don't remember having received one.

[jameslsmith85]

Re: Set aside CCJ help!

OK that's great thanks.

tbh the last known address that the court gave me for the company when I've searched doesn't show them as being there. So I'm kinda just hoping they never respond because they're not there any more haha. Makes it all much simpler.

[jameslsmith85]

Re: Set aside CCJ help!

I have one other thing I have just realised. I found out about the CCJ in August. I've put November because I couldn't remember when it was but it was definitely August. I contacted the court in August to ask about it. I'm guessing I should put August to be truthful. But should I explain that the reason I didn't apply to have it set aside immediately or doesn't it matter?

[R0b]

Re: Set aside CCJ help!

Just to point out that the address you have referenced in your N244 Form is not the same as the one below. Is this the same company as it appears to be? If it is I would suggest you amend the correspondence address as they could also argue defective service of the application form in that you failed to ascertain their most recent address. They were incorporated in January 2014 and your judgment was in 2015, and on the face of it, looks like the same company.



You should always try to be honest in a statement as if you lie then you would be in contempt of court. You could say 'in or around August 2016'

[jameslsmith85]

Re: Set aside CCJ help!

This is my witness statement at present. Think I'm good to go?

- - - Updated - - -

Just to point out that the address you have referenced in your N244 Form is not the same as the one below. Is this the same company as it appears to be? If it is I would suggest you amend the correspondence address as they could also argue defective service of the application form in that you failed to ascertain their most recent address. They were incorporated in January 2014 and your judgment was in 2015, and on the face of it, looks like the same company.



You should always try to be honest in a statement as if you lie then you would be in contempt of court. You could say 'in or around August 2016'

Oh.
All I have is the address given to me by CCMCC in August.

[R0b]

Re: Set aside CCJ help!

If it is a limited company then you should always look for their registered office address on Companies House through - https://beta.companieshouse.gov.uk/

[jameslsmith85]

Re: Set aside CCJ help!

OK thank you.

So the court doesn't even have up to date info on these clowns...

[jameslsmith85]

Re: Set aside CCJ help!

This OK now?

[jameslsmith85]

Re: Set aside CCJ help!

Hold on. You said the court should be the one where the hearing will be heard. So is that CCMCC, or would it be my local county court?

[jameslsmith85]

Re: Set aside CCJ help!

I also don't know if I should include my draft defence because I don't have much faith in it right now. I was thinking just send the defence I used against the last PCN as proof I can put a good one together and that I would have defended this claim had I known about it.

[R0b]

Re: Set aside CCJ help!

CCBC does not hold hearings, they are just the business centre where all claims are processed. Though if it was default judgment then you would put probably put CCBC as that was the last court to have processed the claim.

As for your N244 it looks better from what I can see. Whether you want to use the same defence as your last PCN that is entirely your choice. I think M1 has already suggested not using some or all of it because there is more recent case law that has addressed your defence points (which presumably don't favour you), therefore if you put forward your old defence you could be hurting your chances of a set aside / defence to the claim.