Fighting a UKCPM CCJ Help

sofa_searcher

henrik777 said:

Ask them why they used the address they did.

Given the appearance of "bad" service why are you offering to pay the fee ?

Why a tomlin order ? Why 2 different parking companies ?

I'll add a line asking for why they used that address. The offer to pay the fee is just to help with getting them to agree.
I thought the tomlin order is the same thing as Consent Order form? The Consent/Tomlin order form is then sent to CCBC along with the N244 form and £100 fee in the event they agree that they messed up? The two companies on the order is an error on my part.
Edit
I've removed all reference to Tomlin and changed to Consent 

Coupon-mad

The offer to pay the fee is just to help with getting them to agree

What fee do you mean?  The £100 court fee or the PCN?

sofa_searcher

Coupon-mad said:

The offer to pay the fee is just to help with getting them to agree

What fee do you mean?  The £100 court fee or the PCN?

The £100 fee for the court fee. The PCN is circa £300

Coupon-mad

Well no, you should be suggesting they pay it, as it's cheaper than you shelling out £255 then asking the court to order they pay that back when the CCJ is wiped!  There is an example of what to write on another CCJ thread I just saw tonight.

sofa_searcher

Coupon-mad said:

Well no, you should be suggesting they pay it, as it's cheaper than you shelling out £255 then asking the court to order they pay that back when the CCJ is wiped!  There is an example of what to write on another CCJ thread I just saw tonight.

I've already sent the email so unfortunately I can't make the suggested updated.
However I am currently drafting my witness statement and draft defence to go along with my N244 application in the event they don't respond or we do not come to a reasonable agreement. 
I've also contacted the landowner again to get them to dismiss the original claim. If it come through then I can include it with my draft defence.
Is it okay to mention that UKCPM filed the judgement against an existing address and also failed to use the address on my v5c form? In the absence of a response I'm still not sure why they used my existing address to file the initial PCN.  

Fruitcake

State that they used the wrong address. Unless a building has been demolished it will be an existing address, but this is not what you meant to say.

sofa_searcher

Hi all,
Gladstones have agreed to a set aside but I've been asked to adjust the following consent order as per;
"Thank you for your correspondence.
Our Client is happy to consent to the Judgment being removed given you were not at the address proceedings were issued at despite them being provided by the DVLA however, please confirm whether you will be paying the Judgment or disputing the charge? This will need to be shown within the consent order as to what the next steps will be.
Please also amend to allow Gladstones Solicitors Limited to sign on behalf of the Claimant."
I wish to dispute the original PCN. Does the amended consent order below to meet the instructions above? The sentence highlighted in yellow is copied from another example I found on the internet. What I'm essentially trying to say is that I plan to fight the original PCN so the Claimant should resend the Claim Forms to the correct address.

Coupon-mad

I don't think that bit in yellow makes sense. 

Why not just reply to Gs and tell them you will be disputing the claim and can they amend the Order accordingly, to reflect the fact that the claim, having been defectively served, has therefore never been served. Thus, if the Claimants wish to re-issue the claim, they undertake to issue it without unreasonable delay, to the current address for service now known or to confirm it will not be pursued.

sofa_searcher

Coupon-mad said:

I don't think that bit in yellow makes sense. 

Why not just reply to Gs and tell them you will be disputing the claim and can they amend the Order accordingly, to reflect the fact that the claim, having been defectively served, has therefore never been served. Thus, if the Claimants wish to re-issue the claim, they undertake to issue it without unreasonable delay, to the current address for service now known or to confirm it will not be pursued.

I'll reply to Gladstones to get them to amend the Order and file it with CCBC by the end of this week. That way they are responsible for the £100 court fee. I'm just worried they won't do it on time. I suppose if it is not completed on time then I will have to submit my full N244 application (with WS and Draft Order).

Coupon-mad

Ask for them to copy you into the email when they file it.