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I am in dispute with a very well known company. I received papers from the county court saying that this company was after their money and the dispute had bee sent to them. I filled in the forms saying that I wanted to appeal against the action. Unfortunately, because the guidance notes were not clear, the appeal forms were sent to the parking company and not the court. I only found this out when I received the judgement against me and was informed that unless I paid, it had now gone up to £197, I would get a CCJ.
The papers were sent by recorded delivery and I had a signature. I queried this with the court. The reply was that they had not received the appeal by the due date therefore had to pay up. If I wanted to appeal now I would have to pay £250.
I eventually got through to the parking company, whose customer service line only said "we do not take telephone calls and to use the internet", to ask why the had not returned or forwarded my appeal papers.

My reply from them was that "we are not obliged to return any mail or forward any mail." As they deliberately witheld the legal papers until after the due date and had not informed me of such can I get the judgement set aside.

Replies

  • UmkomaasUmkomaas Forumite
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    can I get the judgement set aside.
    The only way to be sure is to pay the £255 set aside fee and hope that a sympathetic Judge will give you a further chance to defend the original case. For what it's worth (and I don't pretend to be expert - other than from reading hundreds of pleas for set aside help on the forum), you might be throwing good money away. But it's your call, and no one (expert or otherwise) can guarantee how a Judge will react.

    If you fail to get the judgment set aside, you will have paid £255 and you will still owe £197.

    Even if you get the judgment set aside, getting your £255 back (which would have to come from the claimant) looks decidedly unlikely. They did nothing wrong in the process of the court claim, so you not following court procedure, resulting in the default judgment, is not down to them.

    To me it's cheaper to cough for £197 than to fight on - subject to whether you are still within the time limits set by the court for payment of the judgment. Sort it out within that timescale or your credit rating will be trashed for the next 6 years.

    If you're outside the court timescale, come back for more advice. We need to know where your timelines are.
    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.
  • edited 31 October 2018 at 10:08PM
    Coupon-madCoupon-mad
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    edited 31 October 2018 at 10:08PM
    Unfortunately, because the guidance notes were not clear, the appeal forms were sent to the parking company and not the court. I only found this out when I received the judgement against me and was informed that unless I paid, it had now gone up to £197, I would get a CCJ.
    I think you have some grounds to set it aside, on the basis that:

    - the defendant KNEW you were defending the case, assuming they received the defence...and it as headed up defence (you keep calling it an appeal!). I hope you didn't call it an appeal?

    - they then moved to enforce judgement in that knowledge, IF it was obviously a DEFENCE, not an APPEAL.

    - IMHO I'd say that's arguably abuse of process and not compliant with the 'overriding objective'

    - even worse, if they were using a solicitor and you sent them a signed & dated DEFENCE...because a solicitor's first duty is to the court and this is sharp practice IMHO.

    I would submit a SAR to the Parking firm online (see their privacy page) if you sent that 'DEFENCE' to the PPC direct, and ask for copies of all letters all photos and all pre-and post litigation correspondence received and sent by them, including from yourself.

    If it went to a solicitor, send the SAR to them.

    I mean NOW, this week. URGENT - oh, AND PLEEEEEEASE don't reply asking what a SAR is or for a template, please no.

    You need to see & be able to prove (from the SAR disclosures) that they did receive the 'defence' if you are to try to set aside, or they could lie...and you need to act quickly to have that option. Don't sit and wait beyond 3 weeks for a reply.
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  • QuentinQuentin Forumite
    40.4K Posts
    AlvinA wrote: »
    …. Unfortunately, because the guidance notes were not clear, the appeal forms were sent to the parking company and not the court..
    The notes on the form you sent to the Claimant say something along the lines of "sign the form and send it to the court..."


    The only chance you have to get the CCJ removed is as advised by the court


    Apply for a set aside


    If successful you will then get another chance to defend the claim


    (You are NOT now appealing anything!)
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