CCJ Judgement for Claiment Urgent

Denny_1

Hi,

I have been taken to Court by a private parking company.

Forms where filled in for the courts, and I put in my defence and the case was transferred to my local country court. Today I received a Judgement for Claimant, as I did not reply to to claim form.

When I put in my defence, I told them I wanted to court hearing. I filled in the following forms, N9B, N9SDT and N180.

I believe when my file got transferred to my local court, they did not have my file, hence they claim I did not reply to the claim form, which I did and can prove as I have acknowledged from the courts.

I been trying to get through to speak with them on telephone, but have been on hold over an hour, and no luck.
Today was the first time a received any correspondence from the local court.
I understand I can get this set a side, but the fine is £200, and fee to get set a side is £255.

Will I be able to get my fee back, If I believe and can prove the courts made a mistake.

Otherwise, the parking company wins, when I believe I'm Innocent.

Please advise asap.

Thank you

sourcrates

Hi, we move threads if we think they’ll get more help elsewhere (please read the forum rule) so this post/thread has been moved to another board,
Parking tickets, fines, and parking. If you have any questions about this policy please email forumteam@moneysavingexpert.com.

Half_way

Who's car park was it?
Why did you get a ticket?
What parking company is it?

bargepole

Denny_1 wrote: »

Hi,
Forms where filled in for the courts, and I put in my defence and the case was transferred to my local country court. Today I received a Judgement for Claimant, as I did not reply to to claim form.

When I put in my defence, I told them I wanted to court hearing. I filled in the following forms, N9B, N9SDT and N180.

I believe when my file got transferred to my local court, they did not have my file, hence they claim I did not reply to the claim form, which I did and can prove as I have acknowledged from the courts.

This doesn't make any sense at all.

The case would only be transferred to your local court if you acknowledged the claim, filed a Defence, and sent back your completed Directions Questionnaire (N180).

The next step would be that the local court would send you a Notice of Allocation, setting the date for the hearing, and requiring you to file and serve a witness statement not later than 14 days before the hearing.

So if you didn't receive that notice, or received it but didn't turn up for the hearing, it would have gone ahead in your absence, and Judgment for Claimant awarded due to no attendance by Defendant.

You will need to pay the £255 fee for a set aside, but can reclaim that if you eventually win the case.

Half_way

You need to get back with more information, including what exactly you have (as of now) if you are A; genuine and B: require help

Denny_1

Can you claim back you fee for set aside CCJ ? What is the process ?

Coupon-mad

Yes, you can try asking at the set aside hearing (particularly if the claimant can be painted as unreasonable, such as in a MIL collections claim!).

If not ordered to be refunded by the claimant, add it to your costs list in readiness for the hearing (a costs schedule is just a list of your costs to claim back on the day, if you win at the final defended hearing and is NOT a counter claim, no fee needed, the winning party asking for costs is normal).

Which parking firm? We can give you an idea of the likelihood of winning. Some much easier than others.