Backdoor CCJ UKCPM windscreen residential PCN - opps i moved!!

[Manmeet]

No I did not receive any court notice for this date of 9th Dec. All I received was letters from Gladstone threatening court action if I do not pay.

[dx100uk]

then don't complicate matters nor give away unnecessary info....

 

i wish to set aside the judgement xxx of date xxxx because i did not received the original claimform removing my right to defend the claim.

 

i do not owe the claimant the claimed sum in relation to the private parking charge speculative invoice sum.

i own the space where my car was parked and have never entered into any contract implied or otherwise with the claimant to manage my space to enable them to issue such notices.

 

you need say nothing more

[Manmeet]

Oh ok. So I will write only what you have mentioned above.

Also pls advise if below comments are ok for questions 3;

 

What order are you asking the court to make and why? 

 

My answer: 

To set aside the County Court Judgement as there was no contravention and I was legal resident at the time of the parking charge.

[AndyOrch]

To set a side the Judgment dated xxx xxxx pursuant to CPR 13.3 a. There was no contravention and I was legal resident at the time of the parking charge.

 

 

Read here with regards to setting aside judgments

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part13#13.3

 

[Manmeet]

Great. Thanks. I will read it too.

 

[Manmeet]

Hi Guys, just one last thing before I post the N244- 

What is the meaning of below in my form;

4. Have you attached a draft of the order you are applying for? - I dont have any court order. Or is it implying money?

 

Another query- I have read online that I can enclose a cheque payment addressed to HM Courts and Tribunals Service. Is this correct?

[FTMDave]

I would guess you tick "no", it's on about a court order, not money.

 

As for payment, you're right, on www.gov.uk there's written:

 

You cannot pay most fees online. Pay:

• in person at a court or tribunal by cheque, cash, debit or credit card
• by post with a cheque made out to ‘HM Courts and Tribunals Service’

[Manmeet]

Can someone pls assist in my above query

Sorry, pls disregard my above msg as my screen had not refreshed.

[AndyOrch]

At 4 tick yes

 

Then attach the following to the N244

 

#### START OF ORDER #### 

In the ......... county court
Claim No. ...

Before

District Judge ………


Dated ……… 2020


Claimant A

and

Defendant B



Draft/ORDER

UPON receiving the Courts Order/Notice of Judgment dated xx xxxx xxxx


IT IS ORDERED THAT:

1. The Judgment be set a side pursuant to CPR 13.3 (a) and (b)
2. Costs in making this application
 
#### END OF ORDER #### 



 

[Manmeet]

Hi Andyorch, sorry but I don’t understand what 

###Start of Order #### means and what exactly to attach as I don’t have the court order.

[dx100uk]

No thats the order you attach to the n244

 

Start to end 

[AndyOrch]

47 minutes ago, Manmeet said:

Hi Andyorch, sorry but I don’t understand what 

###Start of Order #### means and what exactly to attach as I don’t have the court order.

 

 

Its your order...the order you are requesting the court to make..to set a side your judgment.

[Manmeet]

Morning. Thanks and understood. Was not aware of this order although I scrolled through the guidance. I guess I am snowed under office work from home . Is there any other doc to be attached or I am good to post it?

[AndyOrch]

No .....just the N244 and the draft order...and any supporting evidence if you have any.....and payment if your not paying online.

[FTMDave]

Apologies for the rubbish advice in post 109.  Thanks to Andy for post 111.  Set asides are a new thing for me.  Live & learn and all that.

[Manmeet]

No worries. Thanks. I have paid the money online and going shortly to post office to post the form.

[Manmeet]

Hi Gents,

I sincerely hope that you and your families are doing well in this environment of rather confined existence.

I received reply from the county court after sending them the form and supporting docs to set aside the judgement. below is the mail content received;

"The claim has been transferred to county court at Wandsworth for that court to hear the defendants application for setting judgement aside. That court will send you and the other parties notice of the time, date and place of hearing."

 

I guess now I have to wait, which could be long due to the lockdown.

 

I also wrote email to the debt collectors about my decision to set aside this judgement and to stop chasing me with incessant reminders. They acknowledged  my email.

[AndyOrch]

 

[Manmeet]

Thanks Andyorch, will wait to hear from the court then. Is there anything more required from my end for now?

[AndyOrch]

Just have an outline of your proposed defence should the court set a side.

[ericsbrother]

I would prepare everything  you will need for a defence so you can answer all of the points raied if the judge decides to go for a summary judgement. that could happen if they dont do anything so be ready.

[AndyOrch]

  How can a judge go for summary judgment ?  Its a set a side hearing...only the claimant or defendant can request Summary Judgment which would involve an application in the first instance.

[ericsbrother]

If either party rerquests it at the time( Proper hearing for set aside esp if dispiuted) the judge may go for it.

I ahve been on the receiving end of an attempt at that when a large parcel co I sued asked for a set aside and I could show that their reasons were false. I didnt have all of the paperwork I would rely on at a new hearing and they asked for a summary dismissal of the claim. It was denied but only because I actually had made reference to my material in my request that the set aside be denied, if I had turned up with nothing they woudl have got my claim chucked out there and then.

 

be prepared so the court may use its case management powers to your advantage if it is a proper hearing

[Manmeet]

Thanks for sharing your experience ericsbrother.

I have copies of all the docs I sent to court by post i.e lease doc showing I was resident of the complex at the time of parking charge, my email sent to UKCPM within 45 of the charge with my parking token image requesting them to cancel the charge. 

can you pls guide me what must I be fully prepared for besides these docs and my argument that I was resident at the time.

Will the judge not be considerate that I am not a lawyer or with any legal background?

With this lockdown it may end up as a virtual hearing.

 

rgds,

Manmeet

[AndyOrch]

3 hours ago, ericsbrother said:

If either party rerquests it at the time( Proper hearing for set aside esp if dispiuted) the judge may go for it.

I ahve been on the receiving end of an attempt at that when a large parcel co I sued asked for a set aside and I could show that their reasons were false. I didnt have all of the paperwork I would rely on at a new hearing and they asked for a summary dismissal of the claim. It was denied but only because I actually had made reference to my material in my request that the set aside be denied, if I had turned up with nothing they woudl have got my claim chucked out there and then.

 

be prepared so the court may use its case management powers to your advantage if it is a proper hearing

 

 

I think you are getting your Summary's mixed up EB .....Summary dismissal if with regards to employment law...if you mean Summary Disposal...striking out or dismissal of the claim, yes that can happen at a set a side hearing  if either party are not fully prepared or fail to turn up pursuant to Practice Direction 3a ....that is not Summary Judgment..

 

But most set a side hearings a merely to decide if the judgment should be set a side and are not normally turned into a full blown trial hearing...given that most are normally only allotted 15/20 mins tops.

 

Apologies for the hijack Manmeet...but we prefer advice given to be correct.

 

Andy