Please help!Letter from Newlyn

nikkietoni

I know that!!! I wish I could have spoken for her but unfortunately she was so anxious about it all..I just told her tell the truth and do not let them win! But she felt intimidated and although i told her to mention it she did not! Also it was on the draft order ..
1. The default judgment dated xxx be set aside in the basis the judgment was not properly served to the Defendant’s good known address.
2. Costs to be reserved.
3. Unless  the claimant serves a copy of the claim form on the Defendant by 14 days after the date on which the judgment is set aside paragraph 2 shall cease to have effect and the  claimant shall pay the defendant’s costs summarily assessed at £215 and the claim shall be struck out.
4. If the Claimant serves the claim form as directed in paragraph 3 the Defendant shall file and serve a defence 14 days  after the date on which the judgment is set aside.
6. Should the Claimant discontinue the claim after the CCJ is set aside paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant’s costs summarily assessed at £215

Coupon-mad

Hang on hang on...calm down, she has not been told to pay £80 or make an offer.
From what I can work out, this has happened:

(a)  the CCJ has been set aside, hooray!
(b) the Judge made an off the cuff remark about the proposed defence (that remark means nothing)
(c) the Judge suggested she should contact the Claimant and offer to settle at £80 (madness!)
(d) she forgot to ask if her £255 costs were reserved, or was too scared to ask.

An Order will arrive by post from the court during May, confirming that the CCJ is set aside, and it may well encourage the parties to try to settle the dispute out of court.  Big deal!  It should also say what happens if they cannot, i.e. that the Claimant must send a copy of the Particulars of Claim to the D by xx date and then she has the chance to defend by yy date.

But I am guessing.  Wait for the Order.  Stop trying to contact Gladstones.   Judges OFTEN make a disparaging remark about the prospects of a defence, during set aside hearings.  Then the person goes on to win their case later, either when Gladstones discontinue, or the case is heard in detail in front of a different Judge, and can ask for their £255 and hope it is then awarded, too.

Well done on the set aside!

nosferatu1001

It being on the draft order doesnt matter, if the judge doesnt pay attention. Its a draft. The court can ignore it if they wish. 
You could also speak up for her - acting as lay rep you can speak
Look, its done for now. She REALLY needs to know what *exactly* she has to do within 14 days. 

Coupon-mad

The 14 days will start from the date the Order will be served in May, and then we'll know what each party has to do.

nikkietoni

Thanks so much . I have emailed them as well so will see what they say . 

nikkietoni

I thought the 14days started from last wednesday when ccj  was set aside. The judge stated something like that... she should contact horizon straight away  ... but coupon mad says the 14 days starts when my daughter received a letter from the court? We have emailed the court and and no reply and my daughter has been ringing the court and no pick up .. just rings out.
getting a bit  mithered ... should we email Horizon anyway to inform them that the ccj was set aside but what else to say? The judge was recommending she pays £80 instead of £150 although it started off as £45 the original pcn. 

And the final notice from newlyn was quoting £356.51.
as mentioned before the judge said the defence is weak.. and coupon mad pretty much said judges often make remarks like that.
just need it sorting really .. thanks for all your help guys really appreciate it 
   

nosferatu1001

There is no way to "sort it" unless you know what was Ordered
You didnt make notes of that, or couldnt hear and didnt take the chance to ask clarification. 
There is nothing we can do here other than state: you need to know what the court is Ordering each party to do. You either get this through the post or email, or you email and call until you find out. 
Until YOU or your daughter find this out, there is nothing we can do to assist further. 
Was the original PCN not £80 discounted to £45?

nikkietoni

I know! You are right! Nosferatu1001 !We will keep trying to get through and I will resend the email.
The pcn says “a prompt payment discounted amount of £45 applies if this parking charge notice is paid within 14 days of issue. If the full amount is not paid within this time the full value of £80 will be due.” So yes was discounted if she was to pay within 14 days but obviously she never received it.

nosferatu1001

Yes, so paying £80 is paying the initial charge, with no extra amounts for their court filing costs, for example. 
The 14 days should start from when the typed order is deemed as given, but I am sure there have been cases otherwise. 

Coupon-mad

as mentioned before the judge said the defence is weak..

It's not.

and coupon mad pretty much said judges often make remarks like that.

They do, at set aside hearings, on occasion.  But the court is not in possession of the full information at that stage and it is not just about the parking firm 'having some signs up'.

I'd email Horizon and tell them this and if you have the PCN number, add that as well, and a copy of your V5C:

As you may be aware, the CCJ relating to claim xxxxxxx has been set aside at a telephone hearing at xxxxx court on xx/xx/2020.  This relates to a vehicle for which I am the registered keeper and while I am awaiting the court's written Order in the post I would like the following information from you, and your assurance that my old address (xxxx xxxxxx xxxx xxxxx) will now be erased and not used at all, it not being an address where I can be reached.

I require, by post or email:

- all photos, data and letters including the PCN and NTK relating to this claim.  
- any evidence you hold that shows who was driving.
- whether you are relying upon compliance with the POFA 2012 for keeper liability.
- a picture of the contract (the sign) that you are relying upon if you now proceed with the claim.
- how you have reached the sum of £356.51 as stated on the final notice from Newlyn.
- confirmation that you have told Newlyn to return the file to Horizon and cease enforcement.
- whether you will be discontinuing the claim, and if not, please ask your solicitors to furnish me with a copy of the claim form and Letter before Claim that they say was sent, and tell them to erase my old address (new address below).

Please note that the set aside application has cost me £255 (did it??) and this will be reserved until the final hearing and I will ask the court to award it to be refunded to me by you, should Horizon now discontinue.

your name

your proper address


Only have that last bit if you did pay £255; I can't recall if she qualified for help with fees?

Also please remind me, do Horizon know who was driving, and if the keeper was not the driver have they been told that?  If no, add that fact (that the keeper does not believe they were the driver) to the second bullet point.