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now this isnt entirely about parking

 

I have just got back from a court hearing over a set aside motion.

The defendant asked for a set aside and I objected relying on the untrue comments they made in their application.

 

the judge told me they were not relevant as a Supreme Court judgement means a set aside has be granted unless it is an absolutely hopeless case.

The defendant them moved for a trial there and then and was told that if I had sent my rebuttal comments as a witness statement to court 3 days ago he would have considerd a trial there and then as it was likey that I would be successful on most if not all of the points raised.

as it was he orderd us to prepare for a full trial at a later date

 

why an I telling you this?

if you have a CCJ it will be almost automatic to get the thing set aside and if you take all of your case evidence along you may well get a summary judgement in your favour if you ask for a decision there and then,

 

chances of the parking co being that ready are probably not that great so you will have them on the back foot from the beginning.

if they prefer to go back to court then they may well get a warning about costs and possibly a hint of how likely each side is with their evidence to win or lose.

(had this from 2 judges now so it cant be that rare for LiP's to get a hint)

 

The hint I was given was I'm sure a warning shot for stubborn persons to be reasonable, make sure you follow the procedure fully and do your homework.

A parking co resisting a set aside would be very likely to get a sizeable costs order against them if they decided to fight come what may so spend the £255 and then not have to worry about the rest as it will most likely carry the day.

 

Me?

I accepted an offer of a proper apology and a lesser sum than I claimed.

they had considerable costs of their own to pay so although they paid me less than the default judgement it would ahve cost them a lot more for their preparation and hearing costs.

 

No I wouldnt sign a confidentialty agreement either and they still

Edited by dx100uk
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I think that we understood already that a set-aside application is more likely to succeed than not. The judge is obliged to respect the overriding objective – which is to achieve a just outcome – even if various formalities have been followed.

 

By and large this tips the scales in favour of the set-aside in order to allow a defendant to present the defence and have their day in court.

 

Who is the defendant in your case?


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Hermes.

essentially they just dont bother to respond to claims and allow judgement by default before they just pay up or spend any time looking at a defence. I estimate it saves them about a grand per case in their costs

Reason I raised it is the judges hands are tied in this matter so anyone getting a CCJ from a parking co SHOULD go for the set aside and make sure they have enough evidence to support them to go for a trail of the evidence there and then. That will leave the parking co in a position where they have to send along a lawyers and all of their evidence or they lose. So dont do the set aside on the papers, insist on a hearing and go for the jugular

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