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    • So an update on this, seems the CCMCC did issue the claim form but didn't serve it because the address was missing on the form. After reviewing my N1 I didn't understand and it seems that the copy / paste from Companies House made the address a c/o address and CCMCC don't like serving to those. So I wrote an email to them which stated the following:   This was presented to a Judge who granted the request and the forms were served.   I then had correspondence from Loco2 Ltd   I did not initially respond to this as I was away with my partner at the time and as I don't get to see her often I keep all admin / gaming community matters to emergencies only. This possibly turned out to my advantage as I received this further response the following day:     I responded agreeing to settle out of court.
    • ok good let it run then.   I've sent you a PM with a secure email send me the scans of the complete CCA return please see if can get them up...   dx  
    • read it carefully it doesn't say WILL anywhere.???   they must follow PAP letter rules now
    • No not too tough at all, I think I just used a bad way of writing this out. Indeed I'm well versed in CRA 2015 and thought my post would allude to that. But maybe I didn't write it very clearly so my apologies for that there. This was more a documentary style posting than a request for help so I'm sorry for any confusion on that point.   I was also more documenting this issue mainly for my own recollection at a later point but also for those who may be told the same in another Three store. I'm sorry if I didn't make any of this clear. The store is Hutchinson 3G Limited or Three as they are better known: http://three.co.uk/   I did a web chat with 3 while waiting for my train home who also confirmed the policy from the store manager was wrong and that it is 30 days to return a faulty handset for a replacement and not 28. On learning this I made the conversation a complaint that I was being given incorrect information on multiple occasions. I had attempted to get this issue resolved in a different store the previous week where they changed the SIM Card for me. CRA 2015 was not discussed at this point and was told if that didn't work then to call 333 from the handset. Again I knew this was wrong but took the replacement SIM card in good faith as it may very well have resolved the issue. Unfortunately it didn't.   I then contacted Three again and was palmed off to the manufacturer. The manufacturer accepted my case but suggested me going back to Three under CRA 2015. I today went to assert that right and was told both the manufacturer and Three Customer Service were wrong. I remained calm and asked for proof that I had been in the store today. Manager just gave me his name and I made a note of the time I was there and pointed to a CCTV camera in case a SAR would become necessary if Three tried to suggest otherwise.   As it happens I received a phone call after registering my complaint from the lady in the webchat with Three who had spoken with her manager and confirmed the store was wrong, that she could also see I was given incorrect information on a number of occasions and that under no circumstances should the store have given me a document with another customers details on. She went on to confirm that she had arranged a replacement handset was being couriered to my home address next week and that it would be a drop and swap type replacement. I accepted this, Just as I was about to explain the wasted journey costs the agent said she was waiving 1 month bill charges for the inconvenience caused.   So seems a resolution is very well on the way. I'll update this as resolved once I have the new handset and bill credit in my hands.
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    • The FSA has announced large fines against DB UK Bank Limited (trading as DB Mortgages) - DeutscheBank and also against Redstone for their unfair treatment of their customers.
      Please see the links below for summaries and full details from the FSA website.
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      Additionally there are other unfair practices including unarranged counsellor visits - even if they have been attempted.
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      http://www.fsa.gov.uk/pages/consumerinformation/firmnews/2011/db_mortgages.shtml
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      • 0 replies
Michael1990

Backdoor UKCPS CCJ for 7 PCNs 4 years after I changed address

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Hi everyone!

 

I need some advice where possible. I lived in an apartment between December 2014 and June 2015 where there was private underground parking (Managed by UKPC) which was locked off by an automatic shutter gate which required a remote to unlock, where i received a total of 7 parking charges in the space of 1 month - despite displaying a valid residents parking permit, where the address and UKPC's name is visible(not the bay number - there is an image of this attached).

 

The tickets were issued on the basis of "Not Clearly Displaying A Valid Parking Permit" when in fact, it was displayed with just the corner being obstructed. After appealing (via email) the first 2 that came through the post I received no leeway and no evidence and was denied the appeal instantly. The two tickets which were originally £15 then increased to £160! After asking for the evidence - which they refused to provide, they then sent the case to a debt recovery agency to which i started the appeal all over again.

 

The agency had firmly decided they were correctly issued based on the evidence they were provided and sent me 3 photos showing the offence. Once they did this I then accepted resonsibility for those 2 tickets and had agreed to pay since the corner was not 100% visible, but i would pay the oringial £15 amount not the £160 as UKPC did not provide me with the evidence when i requested it. After accepting to pay the £15 i was sent an email stating that both tickets had been cancelled by UKPC and the debt recovery agency were cancelling them on their system too.

 

I Then went and received yet another 5 tickets and after numerous correspondance back and forth where they refused to provide me with the evidence, at this stage the cost escalated from £15 to £160 for the 5 tickets and they stated that they felt the tickets were issued correctly then refused any more correspondence regarding all tickets. I responded with a final letter in retaliation stating that if they did not provide me with any and all evidence for each ticket within 14 days (from 31st March 2015) I would consider it an admission of incorrectly issued tickets - where i never heard from them again ....

 

UNTIL 4 years later when i received my February 2019 credit report and my usually very good report was all of a sudden as low as it can go! After looking into this i found out that I have a CCJ against me by default for all 7 tickets totalling £1,270 including costs. Apparently the claim was completed 1st January 2019 and i had no idea this was going on as i never received any letters - due to not living in that address for 4 years and i did not receive any email - yet they have my email from when i was appealing the tickets and corresponding with UKPC.

 

I am going to be completing the N244 application to have the CCJ ' set aside' but that apparently does not resolve the issue. So I need some advice on how to best complete the N244 application and what evidence i should include to try and ensure that the set aside is accepted. Then on what steps to take if it is accepted or if it is rejected. I also feel like i should claim against UKPC for destroying my credit and making me spend countless hours trying to get everything together and research and all the stress its adding right now.

image007.jpg

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set aside means putting it back to before a claim was made. IF you have good reason for doing so.  You do. You have superiority of contract.   The PPC cant override that.  UKPC are very well known for doing this.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Hi @renegadeimp What do you mean by " superiority of contract "? Thanks for your reply

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It means you had permission of the landowner, as a space would be assigned to you as part of your tenancy.

The PPC cant change that and say you have to abide by whatever rules they state.

 

also you displayed their silly permit.

They just decided you didnt display it according to their rules. 

 

In any case, it shows that their procedures are flawed, as anyone can make a fake one and display it, because it shows they have zero checks to check the reg against a list of vehicles with known permits.

See where im going with this?

The sad thing is, it will prob cost you a couple hundred to file the Set aside paperwork, because i guarantee UKPC wont cancel the CCJ.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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@renegadeimpOh right, I get you! That's a very valid argument right there. Thanks for the info, it's going to cost £255 to get the judgment set aside but once that's done I plan of claiming everything back from them plus compensation

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Can always try. But theyd prob give a defence saying that they filed what they deem to be a true and accurate description of events, and filed the claim at the last known address. 

So its unlikely youll get it back


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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@renegadeimp

I actually forgot to mention one important part of the claim against me.

There was a total of 7 tickets,

 

the first 2 were sent to a debt recovery agency with whom i made the appeal yet again,

from that UKPC actually cancelled the 2 tickets,

 

those 2 that were cancelled are involved in the claim too (ive pointed this out on my evidence for the set aside).

 

I have actually got some grounds to claim that back at the very least dont i?

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Make sure you include a six point draft order - to reclaim the fees when you win!

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@Mrs O'Frog what exactly is that? Google just shows me football statistics haha

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@Mrs O'Frog oh wow, that is very detailed.

 

If you submit this draft order, do you still need to provide the 'evidence' that is required in section 10 of the application? Or does this serve as the evidence at the same time?

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Yes.

On the N244, 4. Have you attached a draft of the order..... (That is the top 6 points on that link, under the heading "Draft order")

10. What information will you be relying on... (That's the witness statement from 7 onwards to the end)

Obviously you'll need to change the dates/circumstances etc to suit your case. 

 

It's key that you are seen to act quickly.

This isn't a full defence of the claim, but has to be enough to convince the judge you would have a reasonable prospect of success. Post it up here for people to look over before you send. Many eyes are best.

 

In the meantime:

SAR to UKPC

SAR to DVLA

Dig out your old lease

Get photos of the signs

 

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them not advising you of the claim via your email is not a reason to set aside.

they correctly sent all court paperwork to the address supplied by the dvla AT THE TIME of the request to the DVLA

should the claimant have taken due diligence in finding out if you'd moved - NO - there is no legal remit to do so.

should you have told them you had moved - yes.

 

I would not be using your present wrong address issue as a reason to set aside the CCJ

 

your defence of supremacy of contract should be enough to defend the original claim 


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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@Mrs O'Frog

 Ok, that is all brilliant.

Thank you so much for that link and the information, I will get everything written up and post in here for a last check.

Your help much appreciated! :)

 

@dx100ukNoted, change of address is no excuse but I feel I still have grounds based on more than just the change of address, such as

1. Them claiming for 2 tickets which were cancelled by them (I have proof) and

 

2. Them refusing to provide me with evidence of the alleged offence (I have proof)

I'm hoping those 2 points on top of the supremacy of contract will be sufficient to set aside the ccj.

Thanks for the advice! :) 

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I often see people mis-understanding what is needed to set aside a CCJ.

 

1. you need a reason WHY you did not receive the original claimform.

to date I cant see one. you have no proof you informed the claimant of a move.

 

2. you need a basic defence [that later must proved by documentary exhibits ref'd in a witness statement - IF you win the set aside - IF this progresses to a hearing that the claimant latterly requests]. you appear to have several points that meets this .

 

there are set asides that are successful by simply stating I did not get the claimform nor the CCJ ….but you need to be mindful here.


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@dx100uk you are right there.

 

I did however, send them a 'final letter' where all correspondence would cease unless they provided me with the evidence of the alleged offence within 14 days (that was March 31st and I moved out of the premises on June 5th) and I stated I would consider the matter resolved under an unfair issuance of the tickets on their part if they didn't respond

 

- which they did not, so I was not aware I needed to inform them of my move since I heard nothing back and considered the matter complete.  Would this not be their fault for not getting in touch before i moved and hence being the reason for not receiving any of their letters regarding the claim?

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Did you have a mail redirect in place at all after you moved? That would show that they hadn't responded for a further x months.

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a supreme court decision actually makes it easier to get a set aside as you no longer need to give a proper reason,

just show that you have a reasonable chance of success against the original claim.

 

This means that you need to gather all of your evidence that you would have used at the time and then go for a summary judgement at the set aside hearing.

 

If UKPC have their act together they will also have all of their material available and you just extend a 10 minute hearing by a little while whilst the judge listens to any verbal exchanges and then decides If either party isnt prepared but has a chance of winning it will be slated in for a full hearing.

 

It is worth insisting on an attending the hearing for the set aside so you can clobber UKPC if they dont attend or just putr in written evidence.

 

so what to do now.

Fill out N244 and pay the £255 fee. 

 

You are asking for a set aside of the judgements numbered ( list all of them) as they were issued to an old address.

You then need to state that at the set aside hearing you will offer evidenec that UKPC had no cause for action as you

1) have superiority of contract and

2) in any case did not breach any of the terms that would have applied to the offer of parking if you didnt have rights that override their interests and rights to offer terms.

 

You then will be given a date for the set aside hearing and 14 days before that (sometimes only 7 if you get short notice)

you need to send all of your evidenec to court and to UKPC or their lawyers.

 

If they used the usual firms to pursue this then it is likely they wont get their act together and you will get the summary decision on the day.

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@Mrs O'Frog unfortunately not, I didn't foresee anything like this in my wildest dreams! I only lived there for 6 months, it was the first time I moved out of my parents house so I was naive to think ukpc had accepted my final correspondence 

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@ericsbrother Well I can tell you now that ukpc do not have their act together as they have claimed for 2 tickets that were already cancelled by themselves! Making the claim invalid There was just another 5 after those first 2 were cancelled 😳

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just type no need to hit quote

several quotes removed

dx


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Hi Guys,

from the thread for the 6 point draft that @Mrs O'Frog provided,

I just copied that draft and changed a few details to match my circumstances.

 

As well i am Including the written evidence as required for section 10 of the form.

 

If you could have a read and any help would be absolutely amazing.

 

A side Note: in my evidence, where it shows (as seen in evidence page x) this is where i am providing physical written proof of the point i am bringing to light.

 

DRAFT ORDER

IN THE COUNTY COURT AT: COUNTY COURT BUSINESS CENTRE

UK PARKING CONTROL  LTD (Claimant)

And

MR. XXXX (Defendant)

CLAIM No:XXXX

IT IS ORDERED that:

1. The default judgment dated 02/01/2019 be set aside.

2. Costs to be reserved.

3. Unless the Claimant serves a copy of the claim form on the Defendant by 4pm on 29/03/2019 paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £255 and the claim shall be struck out.

4. If the Claimant serves the claim form as directed in paragraph 3 the Defendant shall file and serve a defense by 4pm on 11/04/2019.

5. Should the Claimant discontinue the Claim after the CCJ is set aside, paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £255 plus the Defendant's costs for attending the hearing.

6. All enforcement to be put on hold pending the outcome of the application.

 

 

WITNESS STATEMENT

7. I am Mr. XXXXr and I am the defendant in this matter. This is my supporting statement to my application dated 15 March 2019 requesting to:

a. Set aside the default judgment dated 02 January 2019 as it was defectively served using an old address.

b. Order for the claimant to pay the defendant £255 as reimbursement for the set aside fee.

c. Order for the original claim to be dismissed.

 

DEFAULT JUDGMENT

8. I understand that the claimant obtained a default judgment against me on 02 January 2019. However, it was not served at my current address therefore I was not aware of the county court judgment until I received my latest credit report where my credit was abolished. I understand that this claim was served at Flat XX 475 Lower Twelfth Street, MK9 3PW – The address of the offence is shown to be 475 Lower Twelfth Street MK9 3PW, where I was a tenant. However, I moved to a new address on 05 June 2015 which can be proved by the presence of my name on the electoral register.

9. I have never received any correspondence from the claimant; therefore I was never able to challenge the original charge or the judgment.


10. I have never received any correspondence since 31st March 2015 and have had no contact with the claimant.

11. I believe the claimant has behaved unreasonably by not ensuring they used my correct contact details, which are available through DVLA, Electoral Register or emails that were made in the appeals process. According to publicly available information my circumstances are far from being unique. UKPC’s persistent failure to use correct and current addresses results in an unnecessary burden for individuals and the justice system.

12. I suggest the claimant did not make reasonable enquiries as to my current address before perusing the court order especially considering they had good reason to believe they did not hold my current contact details. Furthermore, considering they received no response from me to their correspondence this should have been a clear indication of the obsolescence of the address Flat XX, 475 Lower Twelfth Street, MK9 3PW

13. Considering the above I was unable to defend this claim. Therefore, I believe that the default judgment against me was irregular and I respectfully request it is set aside.

 

ORDER DISMISSING THE CLAIM

 


14. I further believe that the original parking charge notices have no merit and should thus be dismissed. The claimant is a parking company which seeks to claim for parking charge notices which the claimant believes are due as a result of an alleged breach of contract for parking by a driver.

15. The claimant has obtained details of the vehicle for which the defendant was the registered keeper and used those details to raise a parking charge notice. I dispute this charge in its entirety as I do not know the wording of the contract nor do I know the means by which the contract was alleged to have come into force.

16. If the claimant can evidence that the alleged incident relates to the vehicle XXXX, any notice to keeper issued by the claimant must comply with Schedule 4 of the Protection of Freedoms Act 2012. Otherwise, the claimant is required to prove the driver of the vehicle they claim was involved in the alleged incident. I submit that the claimant cannot provide such evidence and further submit that the claimant does not include Protection of Freedoms Act 2012; wording on the parking charge notices they issue and therefore cannot hold the registered keeper of the vehicle automatically liable.

17. A requirement of the Protection of Freedoms Act 2012 is that any notice to keeper must be served within 14 days of the date of the alleged incident. Since I have not received any documentation I submit the claimant has not complied with the requirements of the Act and thus cannot claim this charge against me as the registered keeper in any case.

18. I further submit that the parking charge notice is without merit due to substantial issues in law. This is for the following reasons:

a. Lack of Standing by Claimant: The claimant is not the landowner of the car park in question and will have no proprietary interest in it. This means that the claimant, as a matter of law, will have no locus standi to litigate in their own name. Any consideration will have been provided by the landholder and only they would have been able claim for any damages or trespass.

b. No Loss Suffered by Claimant: Their claim is presumably based on damages for alleged breach of contract. It is a fundamental principle of English Law that a party who suffers damages through breach of contract can only seek through court action to be put back in the same position as they would have been if the breach had not occurred. In order to do so they must demonstrate their actual or genuine pre-estimate of loss. I submit that no loss has been suffered by the claimant as a result of any alleged breaches of contract on the part of any driver of the vehicle of which I was the registered keeper. I further submit that any loss to the landowner (which would be the only party able to claim such losses) would be minimal.

c. The Charge is an Unenforceable Penalty: I further submit that the parking charge is nothing but an unenforceable penalty as it is not based on any loss suffered due to the alleged infraction.

d. No Contract with the Claimant: Any contract must have offer, acceptance, and consideration both ways. There would not have been consideration from the claimant to the driver. Therefore, there is no consideration from the driver to Civil Enforcement Ltd.

20. On this basis I believe that the claimant has not provided any reasonable cause of action and thus the claim should be dismissed in its entirety.

21. In order to make informed decisions and statements in my defense as former keeper of the vehicle I will require copies of all paperwork and pictures of all signs from the claimant.

 

Statement of Truth:
I believe that the facts stated in this Witness Statement are true.

 

 

Witness: XXXX (Defendant)

 

Section 10 of N244 form, Evidence for Application

 

 

 

Claim from: County Court Business Centre

Claim No. XXXX

Judgment Date: 02/01/2019

Claimant: UK Parking Control Ltd

Defendant:  XXXX

 

I am the defendant XXXX and I have compiled the following information for the purpose of providing evidence as to why I believe the default CCJ should be set aside.

 

To summarize I believe the CCJ should be set aside for the following reasons;

 

1.      1.The practice direction on pre-action conduct was not followed. I was not provided with any documentation regarding the alleged offences, despite requesting it (as seen in evidence referenced page 1).

 

2.     2. Although I had changed address no attempt was made to contact me via alternatives to my previous address such as email to which UKPC was in possession (as seen in evidence referenced page 2). Furthermore they could have tracked my new address via the electoral roll or DVLA using my car registration, of which they were in possession.

 

3.    3. Two of the parking tickets (pcn ref. 1255643581519 and pcn ref. 1255643540622), which form part of the judgment, had in fact been cancelled by UKPC on 11 March 2015 (as seen in evidence referenced pages 4, 5 and 6), therefore the claim made against me was not valid as 2 of the pcn’s have been cancelled and are no longer valid.

 

Below is the chronological order of events as they took place.

 

I lived at the address Flat XX, Lower Twelfth Street between 6 December 2014 and 5 June 2015 (as seen in evidence referenced page 3),

 

there was private underground parking which was Managed by UKPC,

which was locked off by an automatic shutter gate which required a remote to unlock.

 

This is where i received a total of 7 parking charges in the space of 1 month

- despite displaying a valid residents parking permit,

where the address and UKPC's name is visible.

 

The tickets were issued on the basis of "Not Clearly Displaying a Valid Parking Permit".

 

After appealing (via email)

the first 2 that came through the post (pcn ref. ... and pcn ref. ...), I received no leeway, no evidence and was denied the appeal instantly. The two tickets which were originally £15 had then increased to £160.

 

After asking for the evidence (as seen in evidence referenced page 1)

- which they refused to provide,

they then sent the case to a debt recovery agency to which I started the appeal all over again.

 

After going through the appeal process once again with the debt recovery agency, it resulted in the agency being given instruction from UKPC to cancel the charge for both tickets (as seen in evidence referenced pages 4, 5 and 6) and that they will be cancelled off of the debt agency’s system as well.

 

I then received yet another 5 tickets

 

after numerous correspondence back and forth where they refused to provide me with the evidence (as seen in evidence referenced page 1),

 

at this stage the cost escalated from £15 to £160 for the 5 tickets

they stated that they felt the tickets were issued correctly

refused any more correspondence regarding all tickets.

 

I responded with a final letter in retaliation (as seen in evidence referenced page 1),

stating that if they did not provide me with any and all evidence for each ticket within 14 days (from 31st March 2015) I would consider it an admission of incorrectly issued tickets and the matter concluded.

 

I never heard from them again and assumed the matter was closed.

 

In February 2019 I checked my credit report and my usually very good report was all of a sudden as low as it can go.

After looking into this i found out that I have a CCJ against me by default for all 7 tickets totaling £1,270 including costs.

 

Apparently the claim was completed 1st January 2019 and i had no idea this was going on as i never received any letters

- due to not living in that address for 4 years and i did not receive any correspondence

- yet they have my email from when i was appealing the tickets and corresponding with UKPC.

 

Date: 15/03/2019.

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ws numbers should start from 1 not a run on from your order

i'm not sure on this 6 point thing from MSE

p'haps eric will comment?


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Ok, I'll change the numbers to suit. Yeah I'm not too sure about the draft order but there is a section on that on the application form -section 4. In the guideline provided by the county court for the application, it states section 4-9a is not necessary to complete, saying this I can only imagine it helps my case more, I'm not sure though. Hopefully I'll get some more input from the others so I can send the application as soon as  

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8. "Where my credit was abolished" How about credit rating had been severely compromised or credit rating had been reduced from xxx to xxx

9. Is not strictly true is it?

10. Confirms that 9 isn't true

How about merging 9 & 10 to make 1 point that you had corresponded with the claimant regarding the original PCNs, they had cancelled two of the charges. You had written to them demanding evidence for the other 5 which they had not provided (or refused to provide?) and you gave them 14 days' notice on xx/xx/xxxx to supply all evidence to you or you would "(quote verbatim whatever you said about considering the matter closed)". State that you moved xxx days after that letter (xxx days after your deadline) and had received no further correspondence, therefore you considered the matter closed.

11. DVLA point - they are not allowed to ask DVLA for the keeper details after the initial application so you can't complain that they haven't broken the rules. Nonetheless, the other points that you were easily traceable are valid. Given that you had engaged with them previously it should give them cause to question why you would then become silent and at least perform a trace, especially after (4?) years without contact, which would have located you easily. this all rolls in nicely with 12.

 

Order dismissing the claim - I'm not sure how much (if any) of this is relevant to your case. Read it back through yourself and make sure - remember, if you have ID'd yourself as driver, POFA means diddly. Do you really expect the judge to throw out their claim now, without a hearing?

 

Section 10.

Well everything from number 7 onwards is part of 10 really. - just merge them (even if you split into "default judgement" & "defence" within that)

1. That actually reads as if you received a LBA, asked them for evidence and didn't receive it

2 & 3 are similar to 9/10/11 above and need merging together for the best explanation

The blurb after that is more of a witness statement than a defence. You need to be making the legal points about you having a lease and supremacy/primacy of contract etc. right to quiet enjoyment, deffo the point about cancelling 2 tickets, you did display your permit. This is where you have to convince the judge that it's worth giving you a chance at a hearing. Avoid saying you've known since Feb about the CCJ - just say on your last credit report or similar

 

Overview:

This really comes in 3 parts.

1) Draft order - this is what you're asking the judge to (pretty please) make an order for. You're asking them to 1) set aside the CCJ, 2) not decide on costs yet, 3) make the claimant properly serve the claim on you by (they'll change to whatever date they want) and if they don't they have to pay you back the £255, 4) if they serve the claim you defend by ...... (that's defence with a "c") 5) If they realise they are stuffed and chicken out they have to pay you the £255 6) No attachments or bailiffs in the meantime. The main point of this order is to recover your costs should the PPC decide that they are going to lose and pull out rather than fight it, plus, to make sure they don't take silly recovery steps while you're trying to sort it. Without including it you would probably kiss goodbye to your £255, win or lose.

 

2) Default judgement - why is it wrong that you got the default judgement? Your arguments about why they should have looked for you, not just assumed you were still there (btw did they have a list of permit holders/white list? If they did, they would have known you were no longer at that address)

 

3) Defence - Convince the judge that you have enough grounds to at least have had a fighting chance at a hearing. If they think you would have lost anyway then they won't grant a set aside, it would be a waste of court time and public funds. This isn't your defence proper, that will come later, but this has to have enough to make him believe that maybe you could win it.

 

Number your defence points, keep them clear and concise. Post back up and let all the regulars cast an eye over it.

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