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Gladstones and Link Parking CCJ - set aside

Hi all,

A few months ago I received some PCN for parking at my own parking bay in the rented accommodation I live in. The company is Link Parking and they use Gladstones Solicitors.

I followed many threads on this forum as well as parking cowboys, help from my neighbours, etc. and, once I received a court claim, I replied to it with my Defence, asking for the claim to be struck out and, alternatively, for the hearing to take place in person.

Following that, I thought everything was fine and done with. However, on 20th April I received a Judgment for Claimant, saying I did not reply to the court claim. There is no clear deadline for the payment they are requesting, however it does say it will be on my credit record for 6 years if not paid within one month.

Another thing to mention is that all these letters have been sent to my old address, even though in all my correspondence I've been writing my new address which is also where the PCN's were issued. Luckily my old housemate has been notifying me whenever a new letter arrived, but he was away on holiday and only told me about the Judgment for Claimant a couple of days ago.

I would like some help on how to set aside the claim, as I believe it is being issued wrongly.

Thank you very much in advance!!

Comments

  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    google MCOL and see what comes up , same with set aside too

    bear in mind it costs £255 to set aside a court order and you need good reasons for doing so or else a judge may not allow it anyway

    I think you need to contact the court and speak to them about how to apply for it and pay for it

    so put set aside £255 into the forum search box and read up on it in similar threads
  • Umkomaas
    Umkomaas Posts: 43,745 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • If you sent your court defence in and can prove it, it's the court's mistake and they may set it aside without you having to apply.

    I think there was a thread on here recently where this had happened, and the defence had been put in the wrong in-tray at court and gone to the wrong department. It eventually surfaced, the court acknowledged the mistake and the case carried out after the court issued an order of its own initiative.

    Worst case is you'll have to apply. You seem to have good grounds. If you succeed you'd expect to recover the £255.
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
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