Surprise CCJ - please help! 27 April 2020 at 12:50PM edited 27 April 2020 at 2:47PM in Parking Tickets, Fines & Parking 93 replies 7.8K views

nosferatu1001

We didnt say you were trying to post links. You didnt understand what you were told, which is that in order to post links you need to be around longer, and posting links is not the same as posting, nor is it the same as creating a new thread. 
1) Then use a different browser as an obvious first step. Your issue if the site isnt working, so troubleshoot your end. We are not and cannot be your IT support. 
2) no, law enforcement cannot turn up. Civil debt. Secondly bailiffs CAN turn up but given we dont even know who the debt is owed by we cant asssess the chances of that. As you know from your research they cannot force entry so all they can do is clamp your car, if it is yours, and only if it is accessible ie not in a locked garage. 
3) No, thats not what anyone has told you. You CAN post, IF your browser correctly displayed the new thread button back on the first page of this forum, where you can read the newbies thread. 
4) Yes it does, because it links to issues with addresses. The forum also has many, many CCJ set asides about bad addresses. No, you may not find a match to every detail, but then noone will ever find such a match. I pretty much g'tee you you do not have a unique situation in the details that actually matter. 
You have a choice:
- find a way to post a new thread
- find a way to make your decision without posting a new thread
Nuclear option is hiring a lawyer, for which you will not recoup any costs even if you are successful

Coupon-mad

BangeF2 said:

I'm not sure if the above messages are for me as I haven't tried to post any links but:
1. I'm using my laptop
2. The ccj situation is new to me and I have been researching and found that bailiffs and law enforcement could turn up hence the worry. 
3. I don't want to post on here with my CCJ situation as it requires a new thread. A thread I cannot post as the forum wont let me as I haven't been on this forum long enough apparently. 
4. I have looked at the newbies thread and found helpful information. Thank you to all that have provided this, however it doesn't give me information about if I can set aside the CCJ I have which was based on an error on my part with DVLA addresses. Perhaps I need to look again but it feels like none the examples match my situation enough for me to know what I need to do or if I can even set it aside. I don't want to end up with court costs and wasting court time etc. 

Right, this is so easy.  It amazes me when people find this hard - all you need to do is go to page one of the forum.  Like most forums, there is a 'breadcrumb trail' at the top, back to page one.  It is here on this page and on every page!

Click back on the little link at the top of the page (I show what it looks like in my signature - NB: MY SIGNATURE IS NOT A LINK IN ITSELF!). 


Then you are there and can hit 'NEW THREAD'.

No-one said you can't post a new thread  - you can.

KeithP

I posted a NEW THREAD button in my post on 12 July at 8:57PM.

Why did you not just click on it?

Coupon-mad

Hang on, this isn't your thread, it's an old one from July.  Did you post here in error?

123MrsT

Hello!

After what feels like forever, I finally have my set-aside hearing next week. I can't believe how much timescales vary by County Court as on reading up on telephone hearings can see people who got a date within a month of filing their N244! This has been like a dark cloud hanging over me for all this time. 

I have been reading the forum for what I need to do and wanted to double check: 

1. On my notice of hearing application it states that documents have to be submitted to the court at least 3 days before the hearing. As the parking firm are represented by Gladstones I understand that I must send them my documents to send on to the court. I plan on doing this by email but is it also worth calling as I don't want to miss the deadline if they don't send the documents?

2. Do I need to update my documents from what was submitted with my N244 (in the above thread) or can I submit the same documents? 

3. I sent my telephone number as requested on email and asked for confirmation the court had received this and have not received a reply other than the automated email receipt. Is it likely there will be a problem? 

Many thanks for all of your help! 

nosferatu1001

1) why do you understand this? Does the order Instruct you to do so? If it doesn't, what makes yo7 believe this?
2) what update do you propose? What has changed since then? What did you submit? WS, exhibits draft order and draft defence?
3) no, as you have proof it was received. 

blackdog2220

123MrsT said:

Hello!

After what feels like forever, I finally have my set-aside hearing next week. I can't believe how much timescales vary by County Court as on reading up on telephone hearings can see people who got a date within a month of filing their N244! This has been like a dark cloud hanging over me for all this time. 

I have been reading the forum for what I need to do and wanted to double check: 

1. On my notice of hearing application it states that documents have to be submitted to the court at least 3 days before the hearing. As the parking firm are represented by Gladstones I understand that I must send them my documents to send on to the court. I plan on doing this by email but is it also worth calling as I don't want to miss the deadline if they don't send the documents?

2. Do I need to update my documents from what was submitted with my N244 (in the above thread) or can I submit the same documents? 

3. I sent my telephone number as requested on email and asked for confirmation the court had received this and have not received a reply other than the automated email receipt. Is it likely there will be a problem? 

Many thanks for all of your help! 

with the paper work you have submitted , gladstones will simply not pick up the phone , ie they will have wasted both yours and the courts time 
it is far easier to simply not appear , than to be publicly chastised 

if this is the situation and the judge recides to re conviene st a later date , giving them extra time ensure that the judge is forwarned of your financial outlay so far 

D_P_Dance

it is far easier to simply not appear ,

In case this happens, familiarise yourself with costs for unreasonable behaviour, CPR27.14(2)(g).

blackdog2220

D_P_Dance said:

it is far easier to simply not appear ,

it is far easier to simply not appear ,In case this happens, familiarise yourself with costs for unreasonable behanviour, CPR27.14(2)(g).

very very rarely will a judge award for unreasonable brhavour 

and in this case, it is after all a PHONE hearing 
 how can they be unreasonable , if they have not spoken a word?

but we are getting ahead of ourselves , this case next week is a simple set aside , which will set the clock back to the point that the claimant may reserve papers , and the defendant can rightly respond 
at this stage the defendant can be unreasonable with there behaviour , and the defendant can object 

D_P_Dance

very very rarely will a judge award for unreasonable brhavour 

But not so rare as to be unheard of.  

 how can they be unreasonable , if they have not spoken a word?

By not speaking a word.  

but we are getting ahead of ourselves 

You may be, I am not