Help with a court papers against HX Car Park Management

Katieprice385

Hi, would anyone be able to help me with a court hearing i have next week please.
I checked my credit file in  December 2019 as we were applying for a new mortgage and I saw a CCJ against my name, I filled out N244 form to have it set aside. I moved address in December 2017 and I did not change my logbook until April 2018 and due to this i never recevied any letters as i would have paid if i was going to get a CCJ against my name.
It was for a parking ticket issued in January 2018 by HX Car Park for overstaying at a car park. The hearing is due to take place by telephone on 26th August, I have received an email from Gladstones to state the following:

"We act for the Claimant.  

Our Client hereby gives notice that it will not be attending the hearing on 26/08/2020.    

Please note, our Client is unable to attend the above mentioned hearing and we have kindly requested that their attendance be excused and the hearing conducted in their absence.

 We confirm the court has been informed"

I sent the following on my form:

"When checking my credit file as I am applying to renew my mortgage, I noticed I had a CCJ. After speaking with the Courts, I have been told it was for a Parking fine issued on 20th January 2018.

I have not received any communication regarding this Parking Fine and I would have assumed when they took it to court in July 2018 to apply for a CCJ they would have checked with DVLA for an up to date address.

I moved into my new address on 22/12/2017, my new address is xxxxxxxx.

I also did pay for parking on the day in question at the machine located in the car park"

I requested all my data from HX Parking and it just states over stayed, it does not state for how long. 

What is the best way to defend this next week. Thank you taking the time to read. HX also do not run the car park anymore.

Umkomaas

Is this the same case as your other thread?

https://forums.moneysavingexpert.com/discussion/5934854/ccj-i-was-not-aware-of#latest

You didn't respond to the last posting there, you just left the thread in mid-air. 

Knowing that a court case was inevitable, have you been following other court cases on the forum since you first posted almost 20 months ago - there have been hundreds - as you would be well prepared for your court case now?

Redx

Your defence has already been submitted , plus you should by now have emailed a witness statement plus exhibits plus a summary costs assessment as well , have all of these been done ?

If yes , I fail to see how anyone here can help you

Post the defence below , followed by your witness statement , unless the above statement was your witness statement ???

Leaving t this late means that I doubt if anyone can help , the paperwork has already been submitted

Is it a hearing on papers ? Telephone hearing ? , Video hearing ? Or a face to face hearing ??

Is the hearing about the original court case ? 

Or is it a set aside hearing ???

Katieprice385

Umkimass: yes it is the originally post I put up, at the time my nan fell ill and passed away and then i was expecting a baby so i left it until i was in a position to pay the money to try and get it put aside.
Redx: I'm assuming the above is my statement as i filled out the N244 form and just received a letter from the courts to state it will be in August, I then received a letter to state it will be by a telephone hearing and the claimant has to send the details. It is to get the order set aside. 

Ralph-y

your next reading ...

https://forums.moneysavingexpert.com/discussion/6130456/telephone-hearings-re-parking-firm-claims-can-we-all-discuss-strategy-and-outcomes-here/p1 

Ralph

Redx

Pm soolin or savvy to get your two threads merged , stick to one thread only

If it's a set aside , then it's about your legal reasons for obtaining a set aside , so did you pay the £255 for a contested set aside or £100 for one with consent ??

If it's a contested set aside , you need a defence in your back pocket to show the judge you have a reasonable defence to the original court claim. That will then be heard at a subsequent hearing , possibly by a different judge , it won't happen at next week's set aside hearing

So at the moment you should be reading and following other CCJ set aside threads , because it's a set aside , you are not defending the original claim , so although you asked about a defence , at the moment you are not defending , you are asking the judge for a set aside , it's a 2 stage process 

You can defend the claim at the subsequent hearing , if the judge grants your set aside next week , so do not mix the two up , it won't be over next week , not unless the judge fails to grant the set aside

Katieprice385

Thank you I Paid £255. I will start reading the threads you have suggested.
So next week it will be just if the judge agrees to have it set aside? 

Katieprice385

Ralph-y said:

your next reading ...

https://forums.moneysavingexpert.com/discussion/6130456/telephone-hearings-re-parking-firm-claims-can-we-all-discuss-strategy-and-outcomes-here/p1 

Ralph

Thanks Ralph, i will start reading the link

Redx

Katieprice385 said:

Thank you I Paid £255. I will start reading the threads you have suggested.
So next week it will be just if the judge agrees to have it set aside? 

Correct , but you should have submitted a defence to the original charge , to show the judge that you have a reasonable chance of defending that PCN and court case

If you have submitted a defence (what you asked about) then post a copy below

If your set aside is granted , you will be given further instructions and a hearing date for the original claim to be heard , but at a later date, you are doing everything backwards compared to a normal claim , so you are playing catch up , which is why you should be reading other set aside threads , there are scores of them you can read on here , notice they all make the same mistakes too , because they think it's about what happened and the PCN etc

Next week is about setting the CCJ aside , convincing a judge to do so. Nothing more

Your hard work starts once a set aside is granted

Katieprice385

Thank you Red, below is what I stated in the N244, I have started reading posts and they are all similar to mine when moving address, I'm trying to work around how to work the site as I seem to be getting the same cases but just with a different reply.

When checking my credit file as I am applying to renew my mortgage, I noticed I had a CCJ. After speaking with the Courts, I have been told it was for a Parking fine issued on 20th January 2018.

I have not received any communication regarding this Parking Fine and I would have assumed when they took it to court in July 2018 to apply for a CCJ they would have checked with DVLA for an up to date address.

I moved into my new address on 22/12/2017, my new address is xxxxxxxxx

I also did pay for parking on the day in question at the machine located in the car park.

Redx

So that statement is your reasons for the set aside , you were there to be found , they should have done a trace and failed to do so , so the above is your witness statement giving your reasons as to why the judge should set it aside

None of the above is your defence to the original PCN or court claim , which will be back in play if your set aside is granted

The judge will want to see that you have a defence to the original PCN and court claim , but if granted this will not be next week , that is my point , that you should have this ready if challenged by the judge