UKPC - CCJ for £3k+

rennes99

thanks nosferatu.
Is this some sort of tactic to enforce before the hearing? How can they do that when there is a court hearing date set, which they'll be aware of?

nosferatu1001

They can do so because they are not barred from doing so, of course
Ive alreqady told you that
They have, currently, a judgement against you. They can enforce that at *any* time. It is of course bad practice to do so when a set aside is coming up, but theyare not PROHIBITED from doing it. 

henrik777

https://www.nationaldebtline.org/EW/factsheets/PDFs/highcourtenforcement.pdf

I know very little about this scenario but i'd definitely be proactive. I would be calling them and asking !!!!!! is going on and making it crystal clear you will be seeking the extra costs their actions are putting you too. Obviously 1. email them with a synopsis of the call contents 2.  Don't place much trust in them.

And call nationaldebtline for any advice.

rennes99

Hi all
An update.
I had my Set Aside hearing today, which was successful... just.
However, the hearing was I must say an altogether unpleasant experience and the Judge seemed quite firmly on the Claimant's side.
The serving of claim etc to a 2 year old address was not a particularly strong argument for the judge, and I was grilled extensively on my "real prospect of defending the claim." MP Sir Oliver Heald's remarks were dismissed as "simply an MPs opinion and not really relevant," the signage was "well if there is a sign and you park under it there's clearly no parking there," the Abuse of Process and several case studies and even a print out of an order were "well that's not really case law and probably weak." Each point I raised (£60 abuse of process contrary to POFA and Beavis, no contract formed by signage, poor signage, primacy of contract, no evidence of Landowner authority etc etc) was picked apart by the judge. 
The hearing went on for 45 minutes and I felt it was slipping away, despite succinctly putting across all the points relevant and spoken at length about on here.
The judge also voluntarily raised with the Claimant solicitor the potential to add costs for unreasonable behaviour, after consulting a law book, on my part if my argument that the signs are poor etc does not turn out to be true at trial.
I was awarded cost of set aside app, but again only just. The judge almost apologetically said to Claimant solicitor that I had won the set aside, so they would have to award costs.

My raising of costs for attending today were almost sniggered at and disallowed.
The judge recommended I speak with the claimant outside to come to an arrangement before trial. We spoke at length about the extra £60, and shared POFA and CRA info.
Anyway, success for now, and I have 14 days to submit a defence.

Thanks for all your help everyone

D_P_Dance

." MP Sir Oliver Heald's remarks were dismissed as "simply an MPs opinion and not really relevant,"

But hundreds of MPs expressed similar opinions, Is that not relevant?

 Each point I raised ... was picked apart by the judge. 

IMO, it is clearly the case that his judge does not understand the law.  If I was in your position I would personally complain to the Secretary of State for Justice.  These companies have no place in residential car parks, they depress rent, lower resla vaues, and unlawfully interfere with residents'  leasehold right.  £300 for parking in your own space is ludicrous.  If the judge cannot dee that they should be dismissed.   

rennes99

Quite.
Anyway, I did enough to have a "reasonable prospect of defending the claim" declared, so will ensure I put together a dazzling defence, and will place it on here for critique if anybody would be kind enough to read it in the coming days.

I have to say it was very daunting straight away, being called into an enormous full sized court room with the Judge sitting on a high bench, and rolling their eyes at my detailed explanations of why I think the Abuse of Process and Defence points was strong... whilst smiling and playing "CPR clause number tennis" with the Claimant solicitor, guiding him through what points she wanted him to satisfy, but leaving me t fend for myself.....somewhat making me feel out of my depth...!! Perhaps I was just unlucky today. I though I was a friendly personable chap but clearly not haha.

However, so far, so good Thanks all.

D_P_Dance

Definiitely complain, this judge may have form.  

henrik777

I was awarded cost of set aside app, but again only just. The judge almost apologetically said to Claimant solicitor that I had won the set aside, so they would have to award costs.

How bizarre. Judges are all different but i can't think of too many examples of bias where they reluctantly awarded costs in a scenario where many judges who had appeared to have an "open mind " wouldn't have awarded costs. (hence for a discretionary set aside forum convention is to ask for costs to be reserved).

Anyway the job of the application has been done 

rennes99

Hi Henrik
Well there you go... luck of the draw I suppose. I did research the Judge afterwards, and it seems she is a Employment Judge (and a very highly regarded and prominent one too.) I was very impressed with her candour and directness, but not at all with her knowledge or willingness to allow me some leeway as a LIP and not a trained solicitor.. however I suppose I have to give some slack in that regard. I just got the impression she felt I was demeaning the knowledge of those in the court (her and the other clearly young and up and coming hired gun, who was about the same age as me, late 20s) by attempting to represent myself, and was ever so slightly condescending.... anyway its all conjecture.

I will however say Henrik that your previous Set Aside advice (and those from others) has got me through , starting from a point of complete ignorance. So I thank you, and also prepare to refine my defence. And as you say... Job done today!

D_P_Dance

not a trained solicitor ...I  have to give some slack in that regard.

Why?  Surely it is not unreasonable to expect judges to know the applicable Law.  I would raise heaven and earth to inflict as much damage on the lady as possible.  Please name and shame her.

IMO you are far too relaxed about this.  A company try to scam you out of £3000,  for parking in your own soace, a judge sides with them.  If I was in your position I would have a QC on the case by now. t