Having to file a "set aside", Any help would be great! |
Having to file a "set aside", Any help would be great! |
Mon, 3 Apr 2017 - 23:35
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#1
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Member Group: Members Posts: 31 Joined: 23 Feb 2010 Member No.: 35,844 |
Hi guys,
So I seem To be in a pickle! Last year sometime I had to install a safe at a hotel. (Ibis hotel Luton) ((The hotel has its own private car park that is not shared with any other company)) As you can imagine needing to be relatively close in proximity to the the building generally helps. I parked, checked install reception and asked the lovely staff to remove my reg from the auto recognition system thingy mo giggidy! The young girl on the front desk said it's fine I'll do it but if you receive anything in the post just ignore it anyway sometimes it takes a while for them to realise you've been removed off the system or something along those lines. Now I've had issues with these private clowns before! As a rule I've done the above ignored them and they stopped sending letters so assumed that they must of looked into there system and realised I was working on the premises and stopped hassling me. So I ignored and stupidly kept on ignoring right up until civil enforcement ltd sent me a photocopy of a CCJ. I assumed it was a fictitious one as had NOT received any claim papers etc. Well it turns out it is real and somehow I just didn't receive the claim form for what ever reason, I am now having to file for it to be "set aside" costing £255 (the fine is £358 odd) So my question's are firstly, Do I have a leg to stand on? Secondly. What particulars do I need to put in the n244 (set aside form) presumably I should be explaining that I was working ? I have various invoices/paperwork to prove what and why I was on site. Similie do I just explain I didn't receive the claim form? Can I ask civil enforcement Ltd to repay the £255 if I do win.?? Or do I or get that back? Apologies for lots of questions! Hopefully someone can help...... I really don't fancy getting a CCJ for something so trivial..... not that anyone wants one for anything but if I get one from one of these private cowboy firms I'll be furious!! Thanks in advance. Oh and apologies for my punctuation, spelling and what not! I realise it's not great! I've attached a picture of the car park signs not that any of what's stated in it is relevant. |
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Mon, 3 Apr 2017 - 23:35
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Tue, 15 Aug 2017 - 20:06
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#41
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Member Group: Members Posts: 31 Joined: 23 Feb 2010 Member No.: 35,844 |
Just to clarify, I have never been able to raise the issue regarding the set aside fee apart from in my defence... which I did say I would want Paying back by CEL. I went on to say that I would not be looking for any other compensation at this time but if things continue would think that I should be charging at least a minimal fee for my time!? I'm not really sure what the going rate would be?? obviously it's looking like I will have to take another day/afternoon off work so that's two days, not to mention the time I've spent hassling you guys and searching the internet
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Wed, 16 Aug 2017 - 08:19
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#42
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Member Group: Members Posts: 237 Joined: 2 Sep 2005 Member No.: 3,695 |
The court will have had your defence which has triggered the next stage of the process - hence the notice of allocation to the SCT. As per that Notice are directions which you must follow, which is normally to file & serve a witness statement and any docs you intend to rely on by the date stated in the Notice; i.e., 18 Aug. A witness statement is not the same as a defence and it doesn't leave you much time to get one in before the deadline.
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Wed, 16 Aug 2017 - 12:22
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#43
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
Yes, the clue is further down, where it mentions WITNESS STATEMENTS and what they must contain
You MUST now write your WS - which is a STATEMENT of FACTS known to you, or that can be reasonably known to you - and adduce into evidnce, by referencing them from your WS, any evidence you wish to incldue e.g. photos of signs You only have until today to get it posted, or if you email you can do it before 4pm on the deadline. You are nto at "appeal" stage. You are DEFENDING A COURT CLAIM. Get the language right, it will focus your mind! |
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Fri, 15 Sep 2017 - 16:34
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#44
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Member Group: Members Posts: 31 Joined: 23 Feb 2010 Member No.: 35,844 |
So went to court today probably Ill equipped and under prepared, the judge awarded in favour of CEL. So I had to pay some £358.
She ruled in CEL's favour because the NTK had been sent within 28 days On the basis it was the keeper who was driving. And on a balance of probabilitie I was the driver because 1. I own the vehicle and 2.drove the vehicle on the morning in question (even though I was working with 2 other colleagues both of which have full use of my vehicle). Thought that was strange considering there was NO proff I was actually driving but hay ho who am I to argue with a judge............ Leading me to my next question! Should I actually argue this? As in appeal?? Or just cut my loses? I'm already £600plus down!! |
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Sat, 16 Sep 2017 - 00:40
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#45
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
Pay it.
You spent no time prepping and lost against cel, who we normally get to discontinue before the hearing date. |
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