Parking CCJ set aside advise

Confusedbylaw

I have received a response back from Gladstones stating CPR 6.9 and that they cannot update a defendant's address without their authority. Nevertheless, their client (PCM) has provided consent to a set aside application.
They've also mentioned that I should clarify the need for an application, as the judgement was paid in full within the period, which is why there is no judgement to set aside.
They've also not agreed to pay the application fee.

Help please, as I don't know what can be done now?

henrik777

I have received a response back from Gladstones stating CPR 6.9 and that they cannot update a defendant's address without their authority.

Not sure what you're actually saying here.

They've also mentioned that I should clarify the need for an application, as the judgement was paid in full within the period, which is why there is no judgement to set aside.

There was a judgment. It appeared on your credit record. If they really think there was not judgment ask them for your money back !!!

They've also not agreed to pay the application fee.

Chancers. They sound like they're trying to find out if a bit of bollox will put you off.

Help please, as I don't know what can be done now?

Tell them you'll give them 3 days to stop spouting nonsense or you're making the application .

Confusedbylaw

henrik777 wrote: »

Tell them you'll give them 3 days to stop spouting nonsense or you're making the application .

what should be my reply exactly?

henrik777

Confusedbylaw wrote: »

what should be my reply exactly?

Let me see their actual response (minus personal info)

Confusedbylaw

henrik777 wrote: »

Let me see their actual response (minus personal info)

For the avoidance of doubt, our client cannot update Defendants address without their authority, including confirmative proof provided through the correct medium. It is not an automatic procedure. Consequently, the claim was issued at the address: my old address, pursuant to CPR 6.9 and judgement was subsequently obtained against you.

Nevertheless, our client is willing to consider your request for consent to a set aside application on the basis that you were not residing at the address the claim form was served at, however, kindly provide supporting evidence at the time of the claim being issued - October 2019. Please note, that, based on your statements thus far, our will not be advised to pay the application fee.

Notwithstanding the above please clarify the need for an application, as the judgement was paid in full within the period stipulated by the court to have the judgement removed, evidently, there will not be any judgement to be set aside.

we look forward to your response

nosferatu1001

Because you want to have the chance to defend the claim, obviously. Paying off a CCJ within the period does not admit liability.

"our client cannot update Defendants address without their authority"
Well thats a rowlocks statement
"Our client" means the PPC; the PPC can - and MUST - issue the claim to the last known address.
"their" authority - erm, the PPC has to give authority to themselves?

Give them 3 days. they knowingly issued a claim that was NOT the last known address, and so they did not effect good service. You will apply for a set aside without consent on X date should they not pay the applicatoin fee for an uncontested setaside, and your draft order will include payment of the £255 application fee at the set aside hearing.

Confusedbylaw

nosferatu1001 wrote: »

Because you want to have the chance to defend the claim, obviously. Paying off a CCJ within the period does not admit liability.

"our client cannot update Defendants address without their authority"
Well thats a rowlocks statement
"Our client" means the PPC; the PPC can - and MUST - issue the claim to the last known address.
"their" authority - erm, the PPC has to give authority to themselves?

Give them 3 days. they knowingly issued a claim that was NOT the last known address, and so they did not effect good service. You will apply for a set aside without consent on X date should they not pay the applicatoin fee for an uncontested setaside, and your draft order will include payment of the £255 application fee at the set aside hearing.

What should be my response to them?

henrik777

Confusedbylaw wrote: »

For the avoidance of doubt, our client cannot update Defendants address without their authority, including confirmative proof provided through the correct medium. It is not an automatic procedure. Consequently, the claim was issued at the address: my old address, pursuant to CPR 6.9 and judgement was subsequently obtained against you.

Nevertheless, our client is willing to consider your request for consent to a set aside application on the basis that you were not residing at the address the claim form was served at, however, kindly provide supporting evidence at the time of the claim being issued - October 2019. Please note, that, based on your statements thus far, our will not be advised to pay the application fee.

Notwithstanding the above please clarify the need for an application, as the judgement was paid in full within the period stipulated by the court to have the judgement removed, evidently, there will not be any judgement to be set aside.

we look forward to your response

So essentially they are saying, if they can't contact you they can't change your address without your confirmation but as they can't contact you this means they can't ever change it. Well cpr 6.9 explains what to do if you can't find someone. They clearly didn't nor do they appear to understand cpr service requirements.



Dear eejit,

Thank you for your email/letter of xxx the contents of which are noted.

Your client had "reason to believe" that i did not reside at xxx before submitting their claim. Not only was no response obtained by writing to an old address, xxxx, agents of the claimant, trace, made contact at my new address. As such cpr 6.9 is very clear on the procedure that the claimant should use.

You seem to be saying that you interpret the CPRs differently.

Does your client agree to a set aside, the costs of which they will pay ?

I refuse to enter in to protracted correspondence on a rather simple point.If your client does not reply by 1700 on Friday 10th January confirming they will consent to a set aside and pay the costs i will take the answer as no and immediately lodge a set aside application, seeking the full costs.

Yours etc


That's what i'd do. They want to see how serious you are. Sod 'em yes or apply, no messing.