Mystery CCJ from CEL - Advice please

iwontpay

I had a very similar situation as per the thread. I still do not know what the infraction is. I’ve followed all the steps above and have a set a side hearing in Jan 2019. I'm starting to get nervous as I read the forums and felt like a lawyer and now I’m realising I’m no lawyer! Post has followed from Gladstones noting my updated address and they have sent the £250 ccj fee onto a new debt agency who want me to respond within 14 days (and they have added another £75 charge)

question 1 is; On the court letter it mentions evidence. I sent my witness statement along with the form. Will the court keep that for the hearing or do I need to resubmit it or bring it along ? I have no experience and the letter makes it unclear. All it says is that evidence must have the hearing date and time or could be thrown out

2. what should I do about the debt agency letter - should I follow this now;
I have in the past attempted to contact Gladstone’s without reply.
“A SAR is free. Ask for (as a minimum):

- ALL photos taken
- a close up of the signs on the day in question
- evidence that they have paid a debt collector, if they are trying to add £60 per PCN (they can't do that but will if YOU let them)
- all letters/emails sent and received, including any appeal correspondence earlier
- if the car park was Pay and Display, ALWAYS ALWAYS ask for a PDT machine record from that day, of payments made (VRNs can be partially redacted but insist on getting this and follow it up if they refuse). You want the PDT machine record if it;s an PDT machine car park.
- all data held, all evidence they will rely on, and a full copy of the PCN, NTK
- and a list of all PCNs they consider are outstanding against you and/or this VRN, and remind them that any claim must be for all PCNs in one claim, not several separate claims.

DO RESPOND - but DO NOT phone them, DO NOT use a template, and DO NOT use the 'reply forms'.

As well as the SAR to the parking firm's Data Protection Officer (DPO), also write a letter - it can be sent by email to Gladstones or BW Legal or directly to whoever the PPC is, if they are not using a solicitor. Your letter can state that you have sent their client a SAR and so you require a restriction of data processing and the case should be put 'on hold'. Confirm your correct 'address for service' (especially if you've moved and they've traced you & might revert back to an old address). This is an EASY formal letter to write - it will not stop most claims but it looks better to respond. “

3.after this hearing I'm expecting to win and get the ccj set aside. I take it after that Galdstones will reissue the original fine less fees and then I can fight that separately to this ccj issue if I choose. ie. I will not be required to fight the charge on the same day as the set aside?

I hope I'm not asking questions that are already answered elsewhere. I have been looking. Please forgive if I have and your help will be greatly appreciated

The_Deep

Your request for the set aside will need to include an outline of a defence. See #8.

Why?

I keep asking this, but never get an answer, perhaps Quentin can enlighten me. Why do you have to defend? Why cannot you just pay it, (prefereably at the lower rate)?.




















ib

KeithP

The_Deep wrote: »

Your request for the set aside will need to include an outline of a defence. See #8.

Why?

I keep asking this, but never get an answer, perhaps Quentin can enlighten me. Why do you have to defend? Why cannot you just pay it, (prefereably at the lower rate)?.

Because the judge deciding whether or not a set aside should be granted, needs to see that the Defendant has a reasonable chance of defending the claim should the Claimant re-present it.

Coupon-mad

iwontpay wrote: »

I hope I'm not asking questions that are already answered elsewhere. I have been looking. Please forgive if I have and your help will be greatly appreciated

This should help:

https://forums.moneysavingexpert.com/showthread.php?p=75069582#post75069582

You will need to now start your own thread.

iwontpay

Didn’t see this, until you pointed it out on the other thread, but thanks for your help. My case has been adjourned and I can go back to court and fight it (relatively risk free, unless their side attends I may have to pay their costs) so I think I will. I will start a new thread and would greatly appreciate any help.