Judgement for Claim (in defalult) - PCM & Gladstones

[Deleted User]

I'd still prefer to see everything, but:

The 2 most recent orders are verbatim (save potentially identifying details which I've redacted) in posts 95 & 99

If so the first order you've posted clearly sets aside judgment if a defence is filed and served (which you say you have).

I confirmed with the CC the judgement hasn't been set aside and the new DJ has decided to 'raise' a new order which it seems supersedes the former.

The new order does not expressly supersede. It requires the claimant to serve a reply to the defence. It is quite different (and the claimant hasn't).

I may be inclined to write to the judge asking for directions where:

1. You never saw the Gladstones letter;
2. An order sets aside the judgment;
3. The judgment appears registered against you and the court staff have advised it is not set aside - despite filing a defence at court and on the claimant; and
4. Further directions are still being made, with the claimant not serving the reply so ordered.

Any time you write to the court like this, you should copy in the other side.

nosferatu1001

And also the OP says the court confirmed the defence was received.
The second order doesnt stop the judgement being set aside - just requires GS to reply to the defence. If they do or dont, the judgement was still set aside as of the first order, as I understand it.

I woul ddo exactly as Jonnersh says.

Do you have the 3rd order yet? Im puzzled why one is needed, unless the judge is striking out the claim entirely now and ordering costs?

MORB

Ok - I'll put up a draft of what johnersh has advised to send above to confirm format is correct.

FYI the Claimant still has approx 8 days during which it can validly file in accordance with the order.

This is a link to a redacted scan of the Court Orders:

!!!!!!/ccospcm

I have only received 2 Orders to date - the other correspondence from the CC have not been orders. @Johnersh - is there another doc you may be referring to as an order you would like to see?

Also to reiterate, if it is believed I should request set aside of this order I must send it TODAY for it to reach within the 7 days allowed.

MORB

@johnersh - this is my draft of the letter you advise sending. Does it suffice?

---

IN THE COUNTY COURT xxxxxxxxx

For the attention of : Deputy District Judge Zimmels

CLAIM No: xxxxxxxxx

BETWEEN:

PARKING CONTROL MANAGEMENT ltd UK (Claimant)

-and-

xxxxxxxxx (Defendant)

---

Dear Sir,

I hereby write to seek directions on the following:

1. That I am still to see the Gladstones letter sent to the court;
2. An order sets aside the judgment (served on 9/4/18), the conditions of which I have complied with;
3. The judgment appears registered against me and the court staff have advised it is not set aside - despite filing a defence at court and on the claimant; and
4. Further directions are still being made.

Thank you in advance.

Yours faithfully,
xxxxxxxx
Defendant

[Deleted User]

It's got the content. It suffers from lawyer-itis insofar as it looks like a defence or statement, but it works.

If time permits, just make this a regular letter:

Dear Deputy District Judge X

Claimant: parking co
Defendant: Me
Claim No: XX18XX

I write seeking further directions in this case in which i recently applied to set aside judgment. The court staff have advised that the original judgment has not been set aside, yet an order appears to state that it has. Additionally, there are outstanding issues as set out below.

Etc. [Numbered points]

Yours sincerely....

[Deleted User]

My draft above needs only points 1 and 4 listed (assuming C wants to reply to the defence).

MORB

@Johnersh thank for your helpful advice so far - it's been very valuable.

Today was the last date to file/apply for the most recent judgement to be set aside. However, as the guidance has not been to pursue this route, I am not aware of another prevailing deadline by which I would need to send the above letter by. Is that accurate?

I will send the above letter off tomorrow. The Order makes May 24th the date by which Gladstones/PCM must file a response Defence.

Should I be doing anything other between now and then?

Coupon-mad

Today was the last date to file/apply for the most recent judgement to be set aside. However, as the guidance has not been to pursue this route, I am not aware of another prevailing deadline by which I would need to send the above letter by. Is that accurate?

Say that again?! What do you mean?

MORB

@coupon-mad - In this most recent order the DJ gave 7 days for either party to apply for the judgement to be set aside (see here: http://!!!!!!/ccospcm)

Those 7 days expired yesterday.

MORB

UPDATE:
Just had an Order through the post from the original DJ (Lawrence) confirming the setting aside of the judgement against me.

Great news, but just a little confused as to why the other DJ made the order of above.