PePiPoo Helping the motorist get justice Support health workers

Welcome Guest ( Log In | Register )

Set aside granted, What to put in the defence statement?
mip19lot
post Tue, 23 Jan 2018 - 17:12
Post #1


Member


Group: Members
Posts: 49
Joined: 14 Mar 2011
From: Portchester
Member No.: 45,094



Hi everyone,

It was nearly 4 years ago since I was last needing to make use of the valuable advice found on this site and things have changed.

The Judge has granted a set aside, of a CCJ issued 4 years ago but has referred it back to court, where the defence has to be submitted within two weeks time.

I am reasonably happy to produce a Witness statement, but any advice offered would be gladly received.

Basically, it concerns an alleged overstay in a pay and display car park at Fistral Beach, Newquay.

At the time the car park was overseen by Parking Eye, but now I read that they have been replaced by SMART? Would this have any bearing on the new hearing?

Many thanks
Go to the top of the page
 
+Quote Post
2 Pages V  < 1 2  
Start new topic
Replies (20 - 22)
Advertisement
post Tue, 23 Jan 2018 - 17:12
Post #


Advertise here!









Go to the top of the page
 
Quote Post
publicenemyno1
post Fri, 25 May 2018 - 13:29
Post #21


Member


Group: Members
Posts: 118
Joined: 18 Mar 2017
Member No.: 90,938



QUOTE (nosferatu1001 @ Fri, 25 May 2018 - 10:38) *
Plus the half day loss of leave / earnings, capped at £95 - incliude copies of this.

I really wish judges would raise the question of costs - its small claims, not everyone there can be expected to know every detail.


Agreed, my first county court visit was where a customer thought he could convince the judge that he had overpaid me;
thankfully I had upped the stakes by counterclaiming and stating that in fact, there was no overpayment but I remained unpaid on my last invoice to him.
Much like, I imagine, most people on here, when I got the court papers I nearly collapsed but the more I learnt, the more certain I was that this wasn't Rumpole.

I won, to much foaming at the mouth by Mr Cocky, but just to kick the boot in the judge was very helpful and put words into my mouth
regarding loss of earnings, travel, hours spent on the defence. This was in a pretty pre-internet age and although I'd done the defence / counterclaim
well enough I had absolutely no clue about costs.

Thanks to that judge when it happened again (thankfully I only had to go to court twice in 10 years over customers) I was totally on the ball.

Courts generally can be helpful, indeed on that second time they waived the bailiff fee when I was at rock bottom financially - it was a huge amount owed.

(In fact 2 days after getting payment I ditched self-employment forever).

I just wish they all could be as helpful, all the time.

This post has been edited by publicenemyno1: Fri, 25 May 2018 - 13:30
Go to the top of the page
 
+Quote Post
mip19lot
post Sat, 26 May 2018 - 09:31
Post #22


Member


Group: Members
Posts: 49
Joined: 14 Mar 2011
From: Portchester
Member No.: 45,094



The judge, in the same breath when he said the claim wasn't successful and without hesitating also said without costs. So it was pretty obvious he wasn't going to entertain it.

My son-in-law was just over the moon that the CCJ against him should now be erased.


We are aware that this should have happened once the decision was set aside, but the Courts are saying it takes time and the credit reference companies are saying they cannot do anything until the courts inform them. We are hoping that now the case is won, the records will be put straight.
Go to the top of the page
 
+Quote Post
SchoolRunMum
post Tue, 29 May 2018 - 00:50
Post #23


Member


Group: Members
Posts: 18,751
Joined: 20 Sep 2009
Member No.: 32,130



May as well write and ask for the £255 set aside fee though, it's a huge amount to be out of pocket for no fault of your own.
Go to the top of the page
 
+Quote Post

2 Pages V  < 1 2
Reply to this topicStart new topic
1 User(s) are reading this topic (1 Guests and 0 Anonymous Users)
0 Members:

 



Advertisement

Advertise here!

RSS Lo-Fi Version Time is now: Thursday, 28th March 2024 - 10:15
Pepipoo uses cookies. You can find details of the cookies we use here along with links to information on how to manage them.
Please click the button to accept our cookies and hide this message. We’ll also assume that you’re happy to accept them if you continue to use the site.
IPS Driver Error

IPS Driver Error

There appears to be an error with the database.
You can try to refresh the page by clicking here