Appreciate any help!

Azhar01

Hi all
My partner is in a sticky situation, we are looking to purchase our first home and found that he had a ccj assigned to him back in September.

We aren’t sure for which ticket but believe it’s the resident parking in our area, they have always communicated directly to this address but somehow send the court documents to his old address where is his ex resides and she is unfortunately not very helpful when it comes to post and letting him know.

We are now in this predicament and would love to fix it. The problem we are facing now is that we did we did ignore the tickets and shouldn’t have however we didn’t get the chance to defend or pay without the application of the ccj and that both Gladstone and the CPM had contacted him at his current address why would it go to his old (electoral at the time was also at current address)?

How can we get it set aside with consent if we can’t contsct Gladstone at all?

I really hope I am at the right place!

Thank you in advance

Coupon-mad

why would it go to his old (electoral at the time was also at current address)?

Because the parking firm got his address at the start, from the DVLA.

How can we get it set aside with consent if we can't contact Gladstones at all?

Their clients are unlikely to agree to consent to a set aside unless they are paid a huge amount of money. And I'm not sure any here would trust that firm to play properly. And you'd have to pay £100 court fee on top of the silly money. NOPE.

Better to do a set aside without consent, £255 fee, using the argument that the company knew his correct address but used an old one and as such he was denied the opportunity to defend:

they have always communicated directly to this address but somehow send the court documents to his old address where is his ex resides

Terrible stuff, the Government have vowed to put a stop to this:

http://parking-prankster.blogspot.co.uk/2016/12/government-announce-ccj-review-due-to.html

https://www.lawgazette.co.uk/law/government-mulls-county-court-judgment-shakeup/5064115.article

Parking firms were singled out, but don't assume your Judge knows that.

Edit, people in your position should fill this Consultation about default CCJs in, NOW:

https://consult.justice.gov.uk/digital-communications/default-county-court-judgments-2/

Read the NEWBIES thread, go straight to the second post there, & read about set asides. Don't ask where the sticky thread is, top of this forum. See below, 2 clicks away...

Quentin

Now that your partner is aware of the ccj he must deal with this quickly (if he is going to apply for a set aside then the courts will reject the application if he delays, meaning £255 down and the ccj remains!!)


If he intends paying (not advised, and won't help the mortgage application as the ccj will remain on the register and his credit files - just marked paid) then also do that quickly. The claimant can enforce a ccj at any time (eg bailiff/attachmentof earnings etc) and all associated costs of getting enforcement orders and bailiff fees will be payable by your partner


Assuming he goes down the set aside route he should ask in his application to the court that any enforcement proceedings are put on hold pending the outcome of the application

The_Deep

[FONT=Times New Roman, serif]This ia an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences. [/FONT]
[FONT=Times New Roman, serif] [/FONT]
[FONT=Times New Roman, serif] Parking Eye, Smart, and a smaller company have already been named and shamed, as has Gladstones Solicitors, who have also been reported to the regulatory authority. This is not a good place for a Law firm to find itself in imo.[/FONT]

[FONT=Times New Roman, serif]The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.[/FONT]

[FONT=Times New Roman, serif]http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41[/FONT]

[FONT=Times New Roman, serif]and complain in the most robust terms to your MP. [/FONT]

[FONT=Times New Roman, serif]With a fair wind most of these companies may well be put out of business by Christmas.[/FONT]