judgement made - set aside?

tofts

have another thread for another claim, which is all going OK

however, I have just received a judgement notice for another claim I wasn't aware of for another parking infraction from the same company, identical place etc etc. To be honest, looking back through the paperwork I can see NOW that the claim form came through but has a similar claim number and as I'm mildly dyslexic I din't see it was different.

Just entered the particulars on MCOL and can see I can apply to set aside.

Question - what is the best reason to put on the set aside? Can I simply say that I was confused with paperwork and misplaced it or is this not good enough? Date of judgement is the 4/01/19, original notice was 10/12/18. I was also away for the latter part of December and though I had tied up everything, evidently not.

tofts

This is my idea so far as a reason:

An Order to set Judgement aside.
I am already defending another claim that is identical to this one, I wasn't aware that this had come through and as i am mildly dyslexic I misread the claim number and got the 2 confused. If you see the progress of the other claim, I have successfully defended this and am in the process of submitting the directions questionnaire with regard to the other claim. Given the similarity of the 2 claims, I have a real prospect of defending this claim and ask for my defence to be heard.


Just looking through the options on the pages on MCOL, there will be a court fee of £255, will this be recoverable? As the total judgement is £275 is this even worth bothering and just pay this? Or can I just pay this, and this add this amount to a counter claim on my other outstanding claim? Well and truly annoyed at myself....

Fruitcake

I would remove the word, mildly, and give it a go if you think it is financially worth it. Yes you would get the £255 back if you successfully defended the claim.

It might be worth including the two claim numbers to show how similar they are if you think it will help, and perhaps how your illness affects you such as transposing numbers etcetera.

nosferatu1001

the risk being, if you dont get your set aside hearing in sharpish, you will miss the deadline to pay the CCJ and have it removed from your record

You CAN pay the CCJ and then go for a sert aside
If you have proof of being dyslexic it would help - more discalculic if its numerals ?

tofts

very mild and never diagnosed, however I do have adult ADHD which has been diagnosed quite recently, and it could easily have been not paying attention so this may be a better route to defend this with.

Ok, I'm relatively confident in my defence as per my other thread (on site contractor, ticket whilst working with permission etc). If I understand what your saying, the set aside hearing would be quite soon, as I have missed my original deadline will I still be able to attend my local court. But If I understand you, the set aside, does not overrule the judgement (unless concluded) nor extend it so until that hearing is concluded which might not be until after the due date of the judgement, I am still liable and would have to pay asap essentially?

The_Deep

Is their no support organisation or charity which could give you advice or support? This one for instance

https://www.adhdfoundation.org.uk/

Also, get your MP on side as it is the will of Parliament that these scammers be put out of business.

Hopefully that will take place in the near future. The Bill has passed through the HOC without hitch, and goes to the Lords soon. In the meantime involve your MP, the poor dears are buckling under the weight of complaints about these scammers.

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors. Is has been suggested by an MP that some of these companies may have connections to organised crime.

Parking Eye, CPM, Smart, (especially Smart}, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week), hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

The problem has become so widespread that MPs have agreed to enact a Bill to regulate these scammers.

Sir Greg Knight's Private Members Bill to curb the excesses, and perhaps close down, some of these companies passed its Third Reading in late November, and, with a fair wind, will become Law next year.

All three readings are available to watch on the internet, (some 6-7 hours), and published in Hansard. MPs have an extremely low opinion of the industry. Many are complaining that they are becoming overwhelmed by complaints from members of the public. Add to their burden, complain in the most robust terms about the scammers.

tofts

I appreciate your thoughts but my lifelong issue with ADHD can't be resolved and I'm not going to go in to details here to the measures I use to combat the problem. Also, that organisation would not help in this matter they would probably refer me to the CAB.

I am here for legal advice on an issue which I'm struggling to understand. This is NOT covered in the newbies thread. I will reiterate my questions as concisely as I am able.

First, thanks to those who have answered. Your help is appreciated.



1) I will apply for a set aside, £255. Fruitcake confirms I will be able to get this back. Is it claimed from the court, or GS?

2) As mentioned before by Nosferatu, If I pay the CCJ in addition to the set aside as the deadline to pay is 4th of Feb or will the application of the set aside halt the need for payment if applied for now. If CCJ is payed This will, presimably, be able to be claimed back from GS ?

3) Can I apply to have both of these identical claims heard simaltaniously, perhaps even at the set aside.

5) what is generally, the timescale of application of set aside and hearing. Do I go through the same paperwork process, defence WS, Directions questionnaire etc

4) Can I put in a counterclaim (how?) As this is genuinely starting to stress me out, not necessarily for distress but more for time wasted!

Please, and thank you in advance.

The_Deep

1) I will apply for a set aside, £255. Fruitcake confirms I will be able to get this back.

No he does not, read his post again.

Umkomaas

I am here for legal advice on an issue which I'm struggling to understand.

I must tell you that this is far from being a 'legal advice' forum. We deal with private parking charges and how to avoid/deal with them, more at the 'front end' of the process. There are a very small number of legally qualified people on here (about 3), none of whom have commented here, nor have been near the forum in the past couple of months. I am not legally qualified.

So it might be better to look elsewhere for real legal advice (Legal Beagles forum perhaps?).

1) I will apply for a set aside, £255. Fruitcake confirms I will be able to get this back. Is it claimed from the court, or GS?

I very rarely ever disagree with Fruitcake (sorry Fruity). The £255 you have paid is for a service from the court. In dealing with your set aside (whether upheld or rejected), the court has performed its £255 worth. The court will not reimburse you whatever the outcome.

The route for reimbursement is via the claimant, who you will need to prove to have done something fundamentally wrong in causing you to have to apply for this set aside of the default judgment they have won against you. There's nothing I've read in your thread that jumps out at me as them having done so. Defending your case successfully is not a guarantee of reimbursement, you have to convince the Judge to make that order, in your favour, against the claimant.

Getting the set aside fee refunded by the claimant, in my experience on here, is more unlikely than likely.

Others might comment here, but please do seek other advice too.

The_Deep

I too think that you will struggle obtaining a set aside.

AFAICS the PPC has behaved properly. You cannot blame your condition on your failure to understand the paperwork, you should have had someone check it for you.

Coupon-mad

Why not contact your local Law Centre for free advice?