Help - about to submit an application to set aside CCJ on Friday ...

[OLyons]

Hi, I found out that I have a CCJ against me (parking ticket, wrong address registered with DVLA, didn't receive any letters...) and have written to ParkingEye asking for a consent to set aside, but no response as yet. Plan to apply for a set aside order on Friday 21st Dec.

I'd be REALLY incredibly grateful if anyone could comment on these doc's, particularly the rather short draft defence....

Application form not included but has been completed as advised elsewhere on this site, and refers to set aside order, witness statement.

Thanks,

[R0b]

Hello

Just as an FYI, you forgot to remove some of the metadata from your defence and set aside order so it still shows your name as author.

Starting with your defence, I can only describe is as naff. You've made a bare denial which you are not allowed to do in defences and that would give grounds for a judge to strike out your defence. When you deny something, you have to explain why it is denied but in your case, you don't appear to have any relevant paperwork to the alleged contravention so you can't really file a defence because you don't know what case you have to meet. On this occasion, it is not worth you submitting a draft defence but instead explaining the reasons why you don't have one in your witness statement might be a better idea (more on that below).

I can see you have used my template witness statement but as I always mention, it is just a template and not a one-size-fits-all. In your case I think there needs to be some tweaking to it:

1. For the reasons I mentioned above, paragraph 14 isn't right and your 2 line defence does not show that you have a reasonable prospect of defending the claim, so I would suggest removing that sentence and instead replace it with something (by way of example) along the lines of "I believe I have a reasonable prospect of successfully defending the claim because I do not recall ever parking at the site alleged by ParkingEye but also that there are multiple users of the vehicle and so it is entirely plausible that someone else other than me was driving it on the day in question. I would have prepared a draft defence for submission with this application but I have not been able to obtain any other paperwork as to the whereabouts the alleged contravention took place or as to the period of time. Without this information, I do not know what case I have to meet against ParkingEye."

2. As your order states you are seeking costs of the application, you should also seek costs of preparing the application and drafting the documents along with it. You might want to mention this either in the conclusion section or in a separate heading before the conclusion. You could say that, if the application is successful then you would be seeking to recover the cost of the application fee plus further costs in preparing it. The basis on which you seek these costs is in accordance with CPR 44.2(2)(a) which confirms that the general rule is that the successful party should recover their costs. You could also point out that you have attempted to engage with ParkingEye by writing to them and putting them on notice that you are intending to make an application to set aside and invited them to consent but unfortunately they ignored your request and so you had no other choice but to submit the application. Their failure to engage at all was unreasonable and contrary to the overriding objective and therefore the Court should allow you to recover these costs in full. You could add that you intend to file and serve a costs schedule 3 days prior to the date of the hearing.

Finally, in light of what I have said above, I would suggest that your draft order needs tweaking slightly:

1. Your draft order limits your costs to £255 but you may want to leave that blank so as to request further costs can be agreed on the date of the hearing.

2. It might be prudent to ask the judge to make an order that unless ParkingEye re-file and re-serve the particulars of claim, together with any relevant documentation and evidence pertaining to the alleged parking contravention so that you can properly file a defence.

I've attached two example orders which contain the above two points so you don't even have to do much work. Obviously it's your application so you need to decide what you want to go in the documents, but if you want a final sense check before submitting the application tomorrow then post up your final drafts and we can look it over one last time.

P.s. if you need a costs schedule, there is one in my list of templates although you will only need to use the paragraph relating to the LiP rate and not the unreasonable conduct paragraph.

Tagging ostell in case I've missed something out.

[OLyons]

Hi Rob,

Thank you for your advice. I've accepted it all & will not submit a defence. I've accordingly redrafted the witness statement & draft order, and will submit on Monday. Worth noting that the blanked out sections in anonymised version do contain a place date and time, but nevertheless I have absolutely no recollection of ever going there (which I have stated). Still no response form the claimant.

The link to the two draft orders seems to be broken but I have incorporated your comments form your text.

Thank you again,

Annon 2018 12 22 Draft Set Aside Order.docx Annon 2018 12 22 Draft Set Aside Witness Statement.docx

[R0b]

Hello

The links work for me, so not sure why they aren't working.

I've uploaded a revised version, hopefully this one works but just in case I've uploaded an image so you can see what it says. Note that the reference to place of service is your current address you reside, as clarity that the POC aren't reserved at your old address.

Witness statement looks fine to me. Image_DraftOrder.png

[OLyons]

Thanks Rob,
Submitted on Christmas eve... finger's crossed!