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CCJ parking fine support

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  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    jayM_2 said:
    The court already set aside the judgment
    Why bother with a letter? YOu have the email addy for the court. 
    I also don't have an email address for my local court where my hearing will take place. 
    Stick court finder into Google and you soon will.   :smile:
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    ... the number of ttimes we've had to tell people to use google to find an email address boggles the mind
    its a search engine! Use it to search!
  • jayM_2
    jayM_2 Posts: 50 Forumite
    Eighth Anniversary 10 Posts Name Dropper Combo Breaker
    ... the number of ttimes we've had to tell people to use google to find an email address boggles the mind
    its a search engine! Use it to search!
    It may sound trivial however, there are many email addresses to select from. Maybe I was not so clear in my question - sorry for that. 
  • Redx
    Redx Posts: 38,084 Forumite
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    The picture of the court order you posted at 0902 today had the court name on it , you redacted it , email that court with the claim number or reference etc , they issued the court order , email them on a suitable email address

    My local Manchester court has a lot of email addresses for various submissions
  • Coupon-mad
    Coupon-mad Posts: 152,071 Forumite
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    edited 11 February 2021 at 11:29PM
    If you re-read the NEWBIES thread you'll see there is an example of someone getting costs, @bluetoffee1878 .

    Strictly, it isn't meant to apply to the small claims but when a claimant discontinues proceedings, there is a presumption by reason of CPR 38.6 that the defendant should recover his costs that had occurred as a result of the claim, up until the point of discontinuance.  Worth putting that to the Judge and asking for an a final order that this Claimant do pay the Defendant's £255 set aside fee.

    Worst that can happen is the Judge says no.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • jayM_2
    jayM_2 Posts: 50 Forumite
    Eighth Anniversary 10 Posts Name Dropper Combo Breaker
    If you re-read the NEWBIES thread you'll see there is an example of someone getting costs, @bluetoffee1878 .

    Strictly, it isn't meant to apply to the small claims but when a claimant discontinues proceedings, there is a presumption by reason of CPR 38.6 that the defendant should recover his costs that had occurred as a result of the claim, up until the point of discontinuance.  Worth putting that to the Judge and asking for an a final order that this Claimant do pay the Defendant's £255 set aside fee.

    Worst that can happen is the Judge says no.
    Thank you.
    I have drafted my letter based on the information provided by bluetoffee1878 however, should I also reference my draft order based on point 2 and 5 (see below for wording but you will know this better than me as I got them from you)? 
    Wording from my Draft Order:
    2. The Claimant to pay the Defendant’s costs of this application to the sum of £255.
    5. 
    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 £255.

    Also, I phoned the courts yesterday and they have received the discontinuation form from CEL and it will most likely be reviewed and processed next week by the courts. Should I wait for a written response (as the person I spoke to said they would respond one way or another) or should I submit the letter now? I was also given a suitable email address to send my correspondence to the courts :-) 

    I would  like to thank you all for your support on this CCJ, I couldn't have done it without you and it is very much appreciated. It has been a real pleasure reading your comments and other threads, I have leant a lot! I just can't wait for this CCJ to be taken off my credit file so I can purchase my first ever house :-) 

    Thank you all again :-) It has been a great start to my 2021 considering the current circumstances!  
  • jayM_2
    jayM_2 Posts: 50 Forumite
    Eighth Anniversary 10 Posts Name Dropper Combo Breaker
    I have attached my letter if people need it in the future and just for reference to the comments above. 

  • jayM_2
    jayM_2 Posts: 50 Forumite
    Eighth Anniversary 10 Posts Name Dropper Combo Breaker
    edited 20 February 2021 at 6:10PM
    Hi all,
    Quick question, I have phoned the courts several times and they have confirmed that they have received the Claimant's notice of discontinuation however, they have not been able to process it yet as they are behind on their paperwork. I am concerned it has not been processed and if the Claimant hadn't issued a Notice of Discontinuation form, I would have had to send my bundle and my DQ this Tuesday coming up... Therefore, should I send my bundle and DQ just in case or am I just overly panicking? 
    Also, do I add my DQ to my bundle or is this a separate thing and do I have to wait for CCBC to send it to me after filling my bundle which does not include a defence as they are taking my set aside application as this but I am doing a skeleton argument as stated above? 
    Thank you. 
    Jay
  • henrik777
    henrik777 Posts: 3,054 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
     am I just overly panicking? 

    .              

  • jayM_2
    jayM_2 Posts: 50 Forumite
    Eighth Anniversary 10 Posts Name Dropper Combo Breaker
    henrik777 said:
     am I just overly panicking? 

    .              

    Thanks, I thought that was the case. So I should do nothing then (e.g., don't send my bundle on Tuesday) and just wait for it to be processed? 
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