Enforcement Agent Letter Saying Bailiffs are Coming

chad888

I assume so, i'm quite confused now. I havent logged out of my account on my phone which i am still posting on.

Yes this is the OP.

pappa_golf

can someone answer ME a simple question , the answer either way may assist the OP

when a person fills the form in for a set aside (and pays money ), are the other party informed that this is taking place?

chad888

Pappa Golf,

The letter that i have recieved from the court says that the date and time of the hearing has been sent to both parties.

Whether they have glossed over this letter they recieved and filed it somewhere and don't turn up, i don't know. But as it is the court letter says that the claimant and defendant have been made aware of this.

pappa_golf

OK thats good , in your favour , now I wonder what the law or court rules are regarding chasing a claim knowing there is a set aside case in motion , probably against SRA rules as well

if they turn up in court , or reply in any way to the set aside it proves they recieved the notice

have you contacted the high court regarding the validaty of the DCBL letter , and if valid , asked why they are pursuing a case that has a set aside date set?

please check with high court

Guest101

My understanding is that one must apply for an order to Stay the Writ of Control - which would stop the HCEO actions.


£255 N244

pappa_golf

Guest101 wrote: »

My understanding is that one must apply for an order to Stay the Writ of Control - which would stop the HCEO actions.


£255 N244

but , are they ALLOWED to start this action if they have been informed that a set aside is in motion ?

would be farcical if the papers to highview had got lost in the post

DoaM

@post #36 - OP says they've already filed form N244 and have the hearing for that already assigned on 3rd July.

Coupon-mad

Cottom888, you already have a reply from Herbie21 in post #14.

To the hearing, take your evidence that you will be relying on, your defence, your WS that you filed with the N244, and copies of the DCBL letter and ask the Judge why the claimant can do this to a consumer when they've had a letter like you have, confirming the date of the set aside hearing. Suggest politely that the Court should use its discretion for the claim to be struck out since Gladstones filed woefully sparse particulars of claim. In the alternative, ask that the Judge might consider an order for the other side to pay your costs and your £255, and resubmit the claim with further and better particulars, so that you can understand the alleged 'contract breached'.

Also, remind the Judge that Horizon do not use the POFA wording or deadlines, nor do their signs provide 'adequate notice' of any parking charge. So they can't hold a registered keeper liable - there is no cause of action without evidence of the driver, and you do not have to say and no adverse inference can be drawn, as it is your right not to name the driver to a private parking firm.

Take the section of the POPLA Annual report 2015 with the Lead Adjudicator, experienced Counsel Henry Greenslade's words about 'understanding Keeper liability' which confirms the driver cannot be assumed to be the keeper. And include the bit that confirms that a driver does NOT have any responsibility to name the driver. Assume the Judge knows nothing about the POFA.

Also take proof of your earnings/loss of leave and ask for your wasted costs/travel/earnings in having to attend the set aside hearing, plus your £255 set aside fee, particularly if the other side do not turn up next week. Point out that the (Gladstones and Horizon) have behaved unreasonably from start to finish, including setting DCBL HCE on you, surely knowing that the case was proceeding to a set aside hearing.

As such, you can be awarded punitive (additional) costs and you have certainly suffered distress and monetary loss (£255 plus) already, as a result of their conduct in filing a vague robo-claim with no evidence of any contract or cause of action in law.

Make sure you aim to get there half and hour early - to get through court security and to get there calmly, not in a rush. Be ready to show your defence, maybe some screenshot evidence of when you produced that document on your PC, and state very clearly that you did submit that defence to the CCBC by post on xx/xx/17 so this CCJ has been an enormous shock, not least because the claimant has no cause of action and you did file a defence.

After around 1 month i got a letter saying that the hearing to review my appeal will be the end of June, a few days after this i got a letter from Gladstones demanding payment. I ignored this waiting for response from the courts appeal process.

Gladstones would have received the same court letter, around the time you did. So it's imperative you get the CCJ set aside, so that you can defend the 3 PCNs at a full hearing. Don't say who might have been driving.

Be au fait with the ParkingEye Ltd v Beavis case, in case your Judge thinks that it trumps all parking ticket defences. Far from it, it sets a bar of clear signage and 'legitimate interest' that Horizon can't match, and in any case there is no case against a registered keeper (I'm assuming you;ve never admitted who was driving, in any early appeal)?

Please stay on ONE thread. Just the one.

Coupon-mad

You may like to read this thread:

https://forums.moneysavingexpert.com/discussion/5619965

...which includes the OP's statement in support of his/her set aside, and an outcome which included the £255 being refunded. They were in and out in 5 minutes and he/she just asked for the £255 to be reimbursed by the non-attending claimant (quite often they don't attend).

And the Judge agreed, all over, claim struck out entirely!

Herbie21

Cottom888 wrote: »

I got the dates wrong, the set aside hearing is on the 3rd July.

Good luck for your hearing tomorrow.