PCN Where I bought an online voucher.

Coupon-mad

So you haven't been granted a set aside yet, you have been allocated a hearing. 

Are you clear on what to say?  It's not about your defence, it's 20 minutes about why the CCJ should be set aside because as a matter of fact (that you can and have evidenced to the court?) the claim form was not sent to the correct address for service and the Claimant took no steps to trace you before filing the claim to a DVLA address, which are known to be old within weeks and wholly unreliable, especially when the Claimant has reason to believe you don't live there, due to not hearing back from you or perhaps even having had letters returned.

Scribeok

I had the hearing this morning. It was a telephone conference and they rang me at the time they stated. The other applicants didn't attend and the Judge granted the set aside. Within 20 minutes, I know that I have been lucky that it was so simple, however the amount of stress from this is ridiculous. 
 The Judge specified that the order thag will be served to us will state that Gladstones need to amend their application to state why they are applying for a CCJ considering I have purchased a ticket. They need to send this to me and the court withing 21 days and if they do I need to respond within a further 21 days. (It is notable that not only did Gladstones not attend, (A 20 minute phone call) they didn't serve an e-bundle to me or the court. 
If Galdstones do not respond withing 21 days the entire thing will be dropped.
So it feels like really good news, however I have spent 2 days reading posts, writing applications, on the phone to citizens advice, the court...
I know I haven't won yet, and I know from reading the posts that it is hard to recieve compensation from the applicant but it seems ridiculous that they can get away with putting people through this.

Coupon-mad

Very good news.  Did this hearing cost you £255 and did the Judge say he would reserve costs or order them to repay?

Scribeok

I was able to apply without payment due to reduction in earnings from covid.

Coupon-mad

I am happy to hear you are not out of pocket and that this may be all over, unless the Claimant continues with the claim in which case we'll assist you.

CCJ being wiped is the best news!

nosferatu1001

Indeed, you can relax. Your worst case now is you lose and have to pay up - should be about £200. Do that immediately; ask for bank details right there and then, and make the payment straight away.
Myu bet is they discontinue. Theyve got little chance of persuading a court, and that specific direction will stump them as they will only be abl;e to waffle on, and that wont work as any judge picking it up has had a massive sign pointed at this failing by the PPC

Coupon-mad

Yep, chances are you will pay nothing at all!

Scribeok

Unfortunately they want to take it to court. Seems ridiculous as their case is that I didn't buy a ticket withing 10 minutes. I purchased one for 12 hours and I believe the only reason it hasn't shown as purchased within 10 minutes is due to their app taking too long to process it. 

nosferatu1001

What do you mean by "they want to take it to court"?! 
Until they have to pay the hearing fee, all of this waiting is free for them. So of course they dont discontinue. 

Coupon-mad

Scribeok said:

Unfortunately they want to take it to court. Seems ridiculous as their case is that I didn't buy a ticket within 10 minutes. I purchased one for 12 hours and I believe the only reason it hasn't shown as purchased within 10 minutes is due to their app taking too long to process it. 

That's a strong defence position. 

 In a 'remotely monitored' camera car park that only triggers a parking charge possibility when a vehicle leaves, there is no justifiable reason to put a time limit on when people pay or otherwise exempt their vehicles.  This was said by some public commenters to the BSI and MHCLG when they consulted in Sept/Oct about the new statutory regime that will start next year, so let's hope it is in the final Code.