Defence template adjusted for parking charges.

DBTHype

Thanks for the replies.
Yep, claim reference match.

Getting a copy of proof of payment to the court will be done by email. I feel like my emails are being ignored!

What if I don't pay? I have no need to borrow so in that respect a CCJ doesn't effect me.
Can I not have the CCJ removed if the hearing is re-listed and found in my favour?

Should I of received a way to appeal against this judgement with the order that was sent to me? 

Umkomaas

DBTHype said:

Thanks for the replies.
Yep, claim reference match.

Getting a copy of proof of payment to the court will be done by email. I feel like my emails are being ignored!

1. What if I don't pay? I have no need to borrow so in that respect a CCJ doesn't effect me.
2. Can I not have the CCJ removed if the hearing is re-listed and found in my favour?
3. Should I of received a way to appeal against this judgement with the order that was sent to me? 

1. CCJ for 6 years. Things like mobile phone contracts can be refused, some employments/job opportunities can be affected, any loan, HP agreement, PCP car purchase etc can be hit. If you feel you can survive 6 years without concern, that's OK.   But, it's not just about your credit rating. PPL have the option of serving a Warrant of Control, then you might be getting a knock on your door at crack of dawn, with goods removed to the value of the costs award, you paying the cost of the Warrant and the costs of the Warrant executors, and their charges are eye watering!
2. Not without a set aside application as I understand it. Hopefully @henrik777 will come to the thread soon to advise on that. 

3. There is no offer, generally speaking, of an appeal. At the end of a court case, you can ask the Judge for permission to appeal, which may or not be granted, normally the latter (from what I've read here over the years on private parking court cases), but that doesn't stop you appealing if you believe that the Judge erred in law (do you think he did?), but then you are exposed to greater costs if your appeal is not upheld. 

DBTHype

Well I just don't get this. I asked for a stand in court, due to covid I've been forced to take a telephone hearing and correspond by email which I have done to the letter. I have return emails of receipt from the courts yet when I call they say they have nothing? The hearing went ahead without me while I was here waiting for them to contact me. How can that be fair?

Le_Kirk

It is not fair.  You have been given the best way forward from here, as you are not going to get it overturned by complaining to the court, they will just point you to the process, which unfortunately costs money, however, due to it being the court's failings, you should be refunded the fee.  If you still have time, get it paid in full, get a receipt and send to the court to clear the CCJ and then look into a set-aside.  There are plenty of set-aside threads on the forum to look at.  You need a N244 form.  Make sure you keep proof that you sent the telephone number to the court in time and received an automated receipt for your e-mail.  

henrik777

2. Can I not have the CCJ removed if the hearing is re-listed and found in my favour?

If the hearing is relisted then there would be no CCJ to record. Period.

@Johnersh is probably better positioned to know how to rectify an obvious court admin error than me but i would think pointing it out in a manner which they accept the error happened would mean they fix their mistake.

Johnersh

I'd file an urgent application if it was me, seeking
1. a stay of enforcement/registration pending the hearing of the application
2. A set aside of the order
3. Costs (against C if they were on notice that details had been provided) or to be reimbursed

My application would be supported by a witness statement appending the emails.

Ideally I'd get C to agree to a consent order first, but ppc law firms aren't staffed by lawyers so a helpful prompt response may not be forthcoming. 

DBTHype

Thanks.
Following advice I have made the payment and about to get receipt of proof over to the court by email, if they are not acting on my emails though surely this will leave the CCJ unsatisfied come the 1st of June. I'm considering going into the city today and hand delivering it but in the telephone conversation I had with them yesterday they said they were shut?

So my next step is to get a N244 form filled out?

Coupon-mad

Why didn't you follow the advice by @Johnersh?

DBTHype

I had paid the fine the evening before Johnersh had posted. I'm presuming filing the urgent application is done with the N244 form. Is this correct?

Le_Kirk

The N244 form is for set-asides.