Please help!Letter from Newlyn

nikkietoni

thanks for your advice I will indeed change that

go-on-then

I would suggest something roughly along the lines of -

With reference to Gladstones solicitors representing Horizon Parking court hearing on the 2nd November 2021
Case number ??? 

This is a formal complaint into the court's handling of a late application of said hearing as the Defendant was not in receipt of any notification whatsoever,  either by post or telephone,  and therefore was unable to make any defence.    The application was handed to the Claimant in discussion without the Defendant's knowledge.

It is presumed that the court used the Defendant's old address for any notification, which they knew was wrong from the previous CCJ set aside hearing. The Defendant's current contact telephone number is also on file from that hearing, therefore it must also be presumed that a different telephone number for the Defendant was supplied by the Claimant.   No calls were received nor missed from the court on the Defendant's current telephone number on the day of the hearing, 22nd November.

Under SAR rights (GDPR) this is a request to see the Orders and Directions  from May 2021,  the address they were sent to,  the telephone number used to contact the Defendant  and the source of that number.  If this was supplied by Gladstones it is requested that this email or statement is also forwarded.

As this is a formal complaint an explanation or recourse from the Court Manager is expected as to how a Defendant LiP can be left in the dark about a hearing.  

The £215 has been paid in good faith via bank transfer to Gladstones on the 29th December but has caused the Defendant to go into debt through absolutely no fault of their own.

A reply is requested within 14 days and the SAR within 30 days.

Yours faithfully 

etc etc etc 
 

nikkietoni

Fabulous thankyou 

Sareck

go-on-then said:

I would suggest something roughly along the lines of -

With reference to Gladstones solicitors representing Horizon Parking court hearing on the 2nd November 2021
Case number ??? 

This is a formal complaint into the court's handling of a late application of said hearing as the Defendant was not in receipt of any notification whatsoever,  either by post or telephone,  and therefore was unable to make any defence.    The application was handed to the Claimant in discussion without the Defendant's knowledge.

It is presumed that the court used the Defendant's old address for any notification, which they knew was wrong from the previous CCJ set aside hearing. The Defendant's current contact telephone number is also on file from that hearing, therefore it must also be presumed that a different telephone number for the Defendant was supplied by the Claimant in order to mislead.   No calls were received nor missed from the court on the Defendant's current telephone number on the day of the hearing, 22nd November.

Under SAR rights (GDPR) this is a request to see the Orders and Directions  from May 2021,  the address they were sent to,  the telephone number used to contact the Defendant  and the source of that number.  If this was supplied by Gladstones it is requested that this email or statement is also forwarded.

As this is a formal complaint an explanation or recourse from the Court Manager is expected as to how a Defendant LiP can be left in the dark about a hearing.  

The £215 has been paid in good faith via bank transfer to Gladstones on the 29th December but has caused the Defendant to go into debt through absolutely no fault of their own.

A reply is requested within 14 days and the SAR within 30 days.

Yours faithfully 

etc etc etc 
 

A very good helpful adaptation , good luck to those involved ( mum and daughter ? ) 👍🎂

nikkietoni

thankyou for everyone’s support.. yes it is my daughter’s case and it has been a nightmare!

Coupon-mad

Looks good except remove:

in order to mislead

D_P_Dance

Consider copying to your MP.

nikkietoni

Thanks CM but already sent.. oh well too late now I left it in… ! 

As for our MP and local councillors they were all rather rubbish as I tried at the very beginning getting them involved and they were no help at all! Thanks anyway x

nikkietoni

Just an update but no update really just that letters and emails have been ignored by the court. I have sent again a few times and no replies. Where do I go from here. It riles me that they got the £215 back and will be laughing at my daughter just because we forgot to ask the judge for her court fee to be refunded by horizon/gladstones when the ccj was removed. It was a stressful phone call court case and my daughter did not know what she was doing really and forgot to ask. We are not legal people. It is awful. Out of pocket still £215 which she could not afford. And no reply from the courts. 

Coupon-mad

You should always get a reply to a formal complaint to any institution.  She could ask her MP to write to the court and ask them for an explanation.