Hit with 8 tickets dating back to 2014

wdm1985

ok great thank you.

Hopefully A few others will have a quick read about it and then I will get it submitted

nosferatu1001

I’m not sure why you will get the fee back. Unless you can show it’s the claimants fault, why should they pay?

Either you DIDNT acknowledge it correctly (they don’t ack your ack, this isn’t tcp/ip) OR the court didn’t record the ack correctly

Find out which.

wdm1985

HI Nos- I had previous correspondence with SCS and had previously informed them they had a different address for a case i didn't contest 18 months ago.

Quick questions guys...

Have noted that SCS are sending an 'advocate' to the set aside hearing. How do I know if they are entitled to address the judge. I have printed out the lay reps order to bring with me... but i don't know what qualification can talk to the judge. I think last time it was a paralegal. Am i right in saying they have to be a qualified solicitor and if not their client has to be there?

Coupon-mad

I copied this previous reply from solicitor poster LoadsofChildren123:

Just be prepared for the judge to reject the rights of audience issue. Many do, others take it seriously. If the judge rejects it, don't be phased, just say "well if you are not with me on that, I will move on".

The representative will counter your argument with "I'm a barrister/solicitor/legal exec" but that doesn't automatically mean they have RoA (many litigants in person drop the argument when they say this). The point is that these people are generally unemployed, but qualified, and they are used by Elms legal on an agency basis (ie they do not work there full time, they are employed on a day to day basis to appear on these types of cases). So you want to know what chambers they are a member of (for a barrister) or what practice they are permanently employed at (solicitor/legal exec).

wdm1985

thanks coupon

Coupon-mad

Johnersh's explanation helps too:

https://forums.moneysavingexpert.com/discussion/comment/72978085#Comment_72978085

HTH

wdm1985

Hi Guys- Slightly delayed comment on this.

We have got this case set aside. We had a very grumpy DJ at Manchester who didnt seem overly impressed with me or the claimant. He had a fair go at me about not contacting the DVLA- he didn't seem to understand that the DVLA are only contacted by the parking company at the outset and so I could hardly be held responsible when they come chasing some four years later.

He also commented that my defence looked like an internet based template and was unsure if it would stand the test of trial (however I am yet to receive any paperwork yet from the initial default).

In the end the case was still set aside as I could prove that we had no evidence of any papers being received. We had a good win today against UKPC in another case, but this one may be a slightly harder battle.

So far though two set asides granted and a case won.

Coupon-mad

You are doing very well! How are your exams going too?

Redx

is this UKPC as well or another PPC ?

well done so far

wdm1985

Sorry guys for the delay- Coupon I passed all my exams and I am eligible to be a consultant next year. The baby is now a chubby six month old.
Red- it is again UKPC, thanks for your support.

Guys another quick question- I have a date for this bigger case in august.
I have sent the following letter:

Dear Sir/Madam,

Re: Request made under Part 18
I refer to your letter dated 29/05/2018 where you refused to provide the evidence regarding the default judgement for your client dated xxxx. You will be aware that this judgement was set aside on 20/04/2018.
This information is again requested under Part 18. For the avoidance of doubt this should contain:
1. A copy of all photographic evidence pertaining to the case
2. A copy of all UNREDACTED contracts upon which this case relies
3. The witness statement used in the original default judgement dated xxxxxx
4. All other discoverable evidence related to the case.

This should be provided in hard copy no later than 4pm on the 20/06/2018.
For the avoidance of doubt, should such confirmation and documentation not be supplied to me by the above stated time, I will apply for a formal order under Part 18 and either:
Include this letter in any correspondence to the court that I may choose to submit;
Confirm your/your client!!!8217;s reluctance to respond to this letter during our upcoming hearing.

I trust I will receive a response to this letter as a matter of urgency.


I have now sent them two requests. One which they said I would get the information before the case (ie the witness statement), the second request they have flat out ignored. The case is in one month.

Do I now write to the judge? at the minute I have no idea what pictures etc they have So I remain in the dark.

many thnks

WDM