judgement made - set aside?

Redx

as to this £255 issue, its not automatic recovery

you ask the judge to award it as part of your costs order, they may well decide to leave it as is pending the outcome of the case (in limbo0

if you successfully defend the case then you ask for it to be awarded to you in your evential costs order, the judge then decides if you get it back (or not)

it is not automatic and the court do not refund it either, you are cliaming it back in your costs order against the claimant, IF you win (but it is NOT guaranteed)

court is risky, and can be costly , plus this is not a legal aid forum, its a consumer advice forum , it says nothing about legal advice etc in the forum name , it says PARKING TICKETS , FINES & PARKING

tofts

Your right its not a legal aid forum, BUT as it is regarding 2 parking fines, perhaps this is the best place as I already have an ongoing thread.

To be honest, after all is said and done I'm going to cut my losses and pay the CCJ, as I literally CBA to deal with this any more and all of your comments are not terribly promising ref getting the money back which I actually expected, I was just clarified what is probably already reasonably obvious. i have already tentatively enquired about professional legal aid, but as expected its prohibitively more expensive than the cost of the claim when asked. I am by far not a stupid person, but struggle to maintain concentration on a lot of things, the longer this goes on the longer I am likely to drop the ball again and cost myself further hassle.

Best reply from Umkomaas, exactly the answer I was after and Indeed exactly what I already thought. I was just rather hoping there might be a way to gain back the money (£255) through what is effectively a Cockup on my end, which I can live without as its not an earth shattering amount of money. Its more the principal that I am pay this money and as we all know ITS A FREAKING SCAM. Perhaps when I take the other matter to court, I can ask for money back with ref to this "fine".

In this instance, 1-0 to Gladstones.

Coupon-mad

That's a shame.

There would (probably, never guaranteed) have been an argument that to serve two claims about essentially the same matter was an abuse of process and thus, you could not reasonably have been expected to realise for one moment that this was a separate claim. And so the CCJ should be set aside and the claims merged to continue in the usual way.

But you are sadly never guaranteed to get the £255 back.

Albeit you could sue for it afterwards, if you then won the merged claims...as clearly the sneaky 2nd claim was unwarranted, and the fee wasted on your part, due wholly to the Claimant striking with the unwarranted burden of a 2nd claim just before Christmas which should never have been separate and was wholly unreasonable conduct by a serial litigator whose first duty is to the court.

Parkingfines

You have made the right choice. You would not win this set aside so double the amount of money down the drain

tofts

Last question, on the form it states that I must inform the court its been satisfied and that I don't want it entered on record. There is also a post on here that says that so long as it is has been payed then it will not go on record.

Thoughts as to how to deal with this and what is correct?

Edit: Already on the record, thus one would assume I will need some form of receipt which of course their payment line didn't give me, or will it be automated and through the post? Or can I use a copy of the the bank statement showing payment?

KeithP

Here's an idea... ask the court what they would accept.

Ring them.

tofts

Wow, that comes across as flippant....

you make me not want to ask questions on this forum with a remark like that, its not like I'm asking for you to do the work for me. I just wanted some advice. There's nearly an hour wait on the phones and somebody here might be able to give the answer without having to trudge around with a phone perched under my ear for an hour.

beamerguy

tofts wrote: »

Wow, that comes across as flippant....

you make me not want to ask questions on this forum with a remark like that, its not like I'm asking for you to do the work for me. I just wanted some advice. There's nearly an hour wait on the phones and somebody here might be able to give the answer without having to trudge around with a phone perched under my ear for an hour.

But KeithP has given you the answer, it is the quickest way.
The courts are very busy sorting out fake claims from parking scammers

Parkingfines

You don't need to provide evidence with your application at this stage