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CCJ sent to wrong address

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124

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  • JJ_22
    JJ_22 Posts: 25 Forumite
    Fourth Anniversary 10 Posts Name Dropper
    Also will the court reject my set aside because I didn’t update my details as soon as I moved?
  • No, of courser they wont bloody reject it! We wouldbt have gotten 4 pages in if that were true
    Neither would 99% of the se4t asides we deal with

    1) Just write something. Takes five minutes. Youre asking for their consent to set aside judgement of X date
    Just write something
    Anything
    Show us youre doing something. give them a 5 day deadline
    2) You just use the dates you have. Given you are submitting your WS at the same time as the N244, Draft Order and Draft Defence, use. the. dates.  
    We are questioning them because we want to be sure. We have explained why we need to be sure. Just move on with it. 
  • Coupon-mad
    Coupon-mad Posts: 151,369 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 16 December 2020 at 1:13AM
    JJ_22 said:
    Also will the court reject my set aside because I didn’t update my details as soon as I moved?
    No.  Everyone's case is EXACTLY like yours.   They are always agreed if you follow the advice on the hundreds of set aside threads.

    Honestly, just read posts by @henrik777 by clicking in his name then profile, then read his 'replies'.  You'll get it.
    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
  • JJ_22
    JJ_22 Posts: 25 Forumite
    Fourth Anniversary 10 Posts Name Dropper
    So I wrote to link parking asking for consent. They have responded saying that they would not agree unless the full amount is paid (which I am happy to do as long as this can be dealt with quickly) and I would have to send any further correspondence to their solicitors. Would my next steps be...

    send their solicitors a consent order to sign with terms that the money owed is paid within x amount of days from they date the consent order is signed?

    then submit the N244 with the consent order attached?
  • JJ_22
    JJ_22 Posts: 25 Forumite
    Fourth Anniversary 10 Posts Name Dropper
    They have only given me a telephone number for their solicitors, Gladstone’s ltd do I ring them? Or should I only email/write?
  • Coupon-mad
    Coupon-mad Posts: 151,369 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 17 December 2020 at 1:25PM
    But this will cost you about £350 - 400 (= the total of whatever stupid money they reckon is 'owing' plus £100 for a with consent N244 application).  It won't be dealt with quickly and is still dependent upon the court agreeing to the application.  A consent order doesn't make it automatic. 

    You could do this at no cost if you don't pay off the PCN and just file a £255 'without consent' application and have a hearing, as long as the Judge agrees that the Claimant has to repay your £255.   I don't get why you'd pay £400 for a scam PCN where the claim was not properly served and that you are not liable to pay and would win in court (probably) and certainly -even if you got the CCJ set aside then lost the defended PCN hearing - would never be the sum they are demanding.

    My problem with that approach is, you are giving in to a scam.  Not a great example to any other family members and not necessarily much quicker than the £255 route.

    My other problem is people RINGING Gladstones...don't be daft!
    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
  • Umkomaas
    Umkomaas Posts: 43,317 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Everything in writing.  Gladstones are notoriously shy in making contact with them anything but easy. However .....


    This contains 3 options, it's a bit old now, and, from memory there may be only one of them working. Send your email to all 3 and see what happens.

    Also, we know that ....... phoebe@ and leanne@ have both worked too in the past. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • JJ_22
    JJ_22 Posts: 25 Forumite
    Fourth Anniversary 10 Posts Name Dropper
    Tbh I just want this sorted ASAP and I am struggling with the application in general so I need the easiest option. I am working over 70 hours a week at the moment and although there is a lot of really helpful information on this forum, there’s is so much that I’m worried that I will mess it up and not have it removed. I am looking to buy a house in the coming months and I can’t risk having this on my credit file then. The fine is £260 so would be the only fees be £260 plus £100 court fees?

    I dont feel good about letting the parking company win like this but currently I don’t feel confident that I could successfully do this on my own and my only other option would be getting a solicitor to do it on my behalf which would also be costly and still not guaranteed 
  • D_P_Dance
    D_P_Dance Posts: 11,591 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    If you feel that Gladstones are acting unprofessionally complain here.

    https://www.citizensadvice.org.uk/law-and-courts/legal-system/small-claims/making-a-small-claim/
    You never know how far you can go until you go too far.
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