Help judgement by default. Set a side or pay?

Setaside

Hi all.OK I have been using this forum using another username however I feel I will get judged and also the other claimant maybe be watching/reading my other username if I did.

I thought I had an AOS done on time online on MCOL on my mobile phone
and was waiting to putting a defence/counter claim within 28+5 days from date of the claim by email.However had a judgement against me before even 28 days. It seemed I did start the AOS but stupidly never actually clicked the submit button as I was told by the Northampton county court business centre. Hence I have a judgement by default. On MCOL homepage under response history I had the the latest document bring acknowledgement of service. So I thought I was okay to however apparently that was just started and not submitted.

I have previously done the whole thing AOS, defence + witness statement with the great help of the NEWBIES thread by Couponmad and many other members on here for previous claims sorry there are too many to list all.

I have been through depression/family dealths over the past few years now etc which lead me to drinking daily and needed help being an alcoholic. Please don't judge me. I have however since been on a detox through a local centre and have successfully not drank for nearly 3 weeks and hope to regain myself.

My parking charge was for not displaying/being able to validate my own resident parking space permit.

The permit was half visible. The serial was able to be be seen just not the parking bay number (the company knows well this is my space from previous matters)and my bay number is my flat door number.

From what I know my options are to pay by the 2nd of October to get off having a ccj against me or getting it set a side at I cost for £255. I work full time so won't get help with these fees.The judgement order by default is £265. Currently my credit rating is pretty good which I don't want to have an effect on.

I know I've been very slow on this as I have other matters in my head aswell. Also having read the other threads o set aside mostly if not all are really about claima going to old/wrong addresses.

I'm not sure what to do and hope the members can help as any advice would be great. I know this site and many members have helped me a lot in my previous posts/threads.

The PPC is an IPC body.


Look forward to your replies.
Thanks

BrownTrout

Your only option is to pay sorry.

Umkomaas

Unless you can argue that the failure to submit required paperwork to the court was totally outside of your control (such as documents being served at a former address), a set-aside application, with little to no prospect of success, will be shooting £255 into a black hole, after which you will still owe £265, taking the whole bill to £520. There's no refund if the set-aside fails.

Also, applying for a set-aside won't suspend the time limit you have to pay the court judgment, which puts you in dire danger of, if the deadline is missed, a CCJ with credit trashing consequences for 6 years.

I don't think there is any easy or sensible way out of this other than to pay the judgment and within the time limit.

The_Deep

Are you a tenant or a lease holder?

If the latter complain like Donald Duck to the managing agents the and head-lease holder. It is not the function of these Parking Poodles to take residents to court for minor parking infringements, be they lawfully issued or not.

If you are a tenant be very careful where you park, and how you deal with PCNs in future, or seek another accommodation free of scammers.

Setaside

I'm the leaseholder. The MA and the freeholder are really one and just change the MA name/company every so often and are useless. I have tried many times before. Endless calls to no results.

Setaside

So upset with myself for this error. Really was looking to fight this at court.

Can they claim contractual cost as extra? As shown in the uploaded image above

I have till the 2nd of Oct to pay. I didn't realise this would be marked on my credit file. Went yesterday to get a new phone contract and was rejected. Had an excellent score prior to this.

When I spoke to he court they said once I pay and the solicitors notifies the court I can take 3 to 4 weeks to get it removed. Is this long it really takes? I thought it would only gone on if not paid within the month deadline.


Thanks all

Le_Kirk

The image made live: -
https://i.postimg.cc/qvrrzdLQ/20190924-150109-1.jpg

KeithP

Setaside wrote: »

Can they claim contractual cost as extra? As shown in the uploaded image above

https://i.postimg.cc/qvrrzdLQ/20190924-150109-1.jpg

Whether they can or not is/was worth arguing in court.

A Judgment has been made. That point is no longer open for discussion.

The amount shown on the Judgment is due.

Umkomaas

Can they claim contractual cost as extra? As shown in the uploaded image above

There are recent defended cases where the extra costs have been thrown out by the Judge, in fact throwing the whole case out as an Abuse of Process, but you are where you are and having not defended your case, you have effectively agreed that the whole amount claimed is conceded.

Went yesterday to get a new phone contract and was rejected.

The faster you get this paid off, the sooner you'll get your phone back on line. Miss that 2/10 deadline, and you won't get a phone contract again until late 2025!

Setaside

Thanks will be paying them first thing in morning. In hope they will contact the courts and let them know it's paid so I can have my credit report sorted ASAP.


Thanks again.

Umkomaas

Get a receipt for your payment. Then I'd write to the court with a copy of the receipt to confirm you've paid (make sure you show your court case reference details so the court can identify you).