That is a strong and well-structured witness statement. It clearly sets out the legal basis for your application, explains the procedural errors, and highlights the serious personal impact of the CCJ. You’ve covered all the key points the court will consider:
• You acted promptly.
• You intended to defend the claim.
• The claimant misrepresented your response.
• You were denied evidence and a fair chance to respond.
• You have a genuine defence.
• The CCJ is causing serious harm to your health and family life.
The court will look at whether there’s a real prospect of defending the claim and whether there’s a good reason to set aside the judgment. Your statement supports both grounds under CPR 13.2 and 13.3.
If the judge agrees that your response was misinterpreted and that you were denied a fair hearing, they can set aside the judgment and allow the case to proceed properly.
Are you eligible for help with court fees? If not, you may want to consider a costs order as part of your application to set aside the default judgment.
Under CPR 44.2, the court has discretion to award costs, and the general rule is that the unsuccessful party pays the costs of the successful party. If you succeed in setting aside the judgment, you can argue that:
• The claimant caused the default judgment through procedural unfairness or misrepresentation.
• You acted promptly and reasonably.
• The application was necessary due to the claimant’s refusal to consent to a set aside.
In the N244 application or accompanying witness statement, you should explicitly state:
“I respectfully request that the court make a costs order in my favour to reimburse the application fee of £313, as the judgment was wrongly entered and the Claimant refused to consent to a set aside despite acknowledging my defence.”
If the hearing is successful, the judge may order the claimant to reimburse the fee — especially if they find the claimant acted unreasonably.
Yes, you’ve done the right thing by applying to set aside the CCJ using the N244 form. The court won’t automatically reject your application just because you ticked the wrong box—especially since your overall response clearly showed you wanted to dispute the claim and go to a hearing.
Here’s why your application has a good chance:
• You didn’t receive any letters or warnings before the court claim. That’s a serious issue. If you weren’t properly notified, you didn’t get a fair chance to respond.
• Your form had mixed responses. You ticked a box admitting the debt, but also ticked the box saying you dispute it and wrote that you wanted a hearing. That’s not a clear admission. Courts understand that people can make mistakes when filling out forms.
• You acted quickly. You applied to set aside the judgment just six days after it was issued. That shows you’re serious and not trying to delay things.
• You have a reasonable defence. You had a disabled badge, and they claim it wasn’t displayed correctly—but they can’t show you any evidence. If they didn’t send anything before the claim, and now refuse to provide proof, that’s a weak position for them.
Next, the court will likely hold a short hearing where you can explain what happened. You’ll need to show that you didn’t get proper notice, that you misunderstood the form, that you acted quickly, and that you have a real defence.
If the court agrees, the CCJ will be removed from your record (set aside) and the claim will restart. You’ll then have a chance to file a proper defence.
BW Legal’s refusal to agree to a consent order doesn’t matter. The court decides. Their claim that it’s “too late” to give you evidence is wrong. If the case restarts, they’ll have to provide it.
Have you already submitted a Witness Statement with your N244 application? You can show us a redacted version of it. If you have not yet submitted a WS, we can provide one or, if necessary, a supplemental one which you can send.