County Court Claim-QDR solicitors/Met Parking

berseker

I will read the CCJ set aside section, but yes, I e-mailed the court and attached all the relevant details.

berseker

Hi guys, hope everyone has been well.

Some bad news, unfortunately, I had my court hearing today and it went against me.

I thought the hearing was for the case that was not finished last year in July due to time restraint but it was actually for the set-aside judgement of me not attending the new court date that was issued in October. As I did not go in prepared for this, I feel the judge had it in for me from the beginning.

The breakdown for the set-aside judgement is;
-I did not receive a letter from the court with the new court date.
-I received a letter from QDR solicitors the day before the court date but I was away.
-When I returned from my trip abroad and saw the letter, I contacted the court and explained the situation (within the required 14 days)
-I then heard back from the courts a couple of months later stating I need to make a formal application. I instantly reply asking how I go about making a formal application.
-A few weeks later they respond explaining I need to fill in and send an N224 form, which I did straight away.

The judge's argument was I had 14 days to send in an N224 form from the day of the court date but it took me 3/4 months. I explained the above points to her, the first initial contact was within the 14 days she's talking about, but she seemed to have an attitude. 

We then went on to the case itself. I stuck to all the points that you guys gave me but she just did not seem bothered about it at all, which was very frustrating. I explained that there was nothing in my lease agreement that mentioned anything about parking. I am not in a contract with met parking. The signs are unclear. The extra charges that were added. I had a visitor's permit on my dashboard.

Her arguments were;
-just because it does not say anything in my lease it does not mean I do not have to abide by the signs, for the signs to be around the estate, your landlord would have granted permission.
-There are numerous signs in the estate and it is your responsibility to read them.
-Yes, you had a visitors permit on the dashboard, why wasn't it filled in? 
I kept on trying to argue my case but she just wasn't really having any of it. The only thing she did have my back on was the extra fees that were added to each of the £100 tickets. Back in the first court hearing, the judge also flagged this so the claimant removed the extra fees for the 3 tickets so it was £300 and then the extra (legitimate) costs in the region of £200. Today's judge said that was fair and then the claimant had extra charges of around £600 for the extra work for set aside judgment and this new court hearing but they capped it at £300. So in total, it will be the £500 from the last hearing and then £300 for today's hearing and the in-between costs for the 3 pcns.

Le_Kirk

Tough day at the coal face - but did you get the set-aside or do you have to attend again?

berseker

The whole thing was weird to be completely honest, the judge seemed rushed and on her period/woke up the wrong side of the bed. She initially heard both arguments for setting aside the judgement and then said she hasn't made a final decision on it but she wanted to hear both of our arguments for the actual case. After hearing everything she then concluded that I did not have a strong enough case to get the case thrown out and I will need to pay the tickets and claimants fees/costs. she said I will receive a letter in regards to making payment and I have 28 days to pay it. That was it. 

I haven't got any CCJ on my credit file, I'm presuming as long as I get it paid in the time frame given to me then the case will get closed and a CCJ would not be put on my record.  

B789

berseker said:

The whole thing was weird to be completely honest, the judge seemed rushed and on her period/woke up the wrong side of the bed. She initially heard both arguments for setting aside the judgement and then said she hasn't made a final decision on it but she wanted to hear both of our arguments for the actual case. After hearing everything she then concluded that I did not have a strong enough case to get the case thrown out and I will need to pay the tickets and claimants fees/costs. she said I will receive a letter in regards to making payment and I have 28 days to pay it. That was it. 

I haven't got any CCJ on my credit file, I'm presuming as long as I get it paid in the time frame given to me then the case will get closed and a CCJ would not be put on my record.  

Judge Bingo... it's very unfair and sounds like the judge was a bit clueless. If you pay the CCJ within 30 days, it is completely expunged from your credit record and it is as though it never existed. Don't accept any payment plan as that does not clear the CCJ.

berseker

Hi Guys, Hope everyone has been well. I've got a quick question if anyone would know the answer, as there are different answers online. I received a 'General form of judgment or order' letter for this case for the payment to be made. My question is, if I don't make the payment, what happens? A couple of websites state that you get an automatic CCJ but the majority of the websites state you would not get a CCJ but the claimant can either contact the court to issue a warrant to send bailiffs to your property to recoup the money or the claimant can contact the court and the court order you in to question you why you have not paid, but you would not get a CCJ.

Would anyone happen to know the process/what happens?

Thanks

Le_Kirk

If the general form of judgment or order (CCJ) is telling you that you lost a court hearing and you have to pay an amount to a PPC or their solicitor before a certain date and you do not make that payment, the CCJ will stay on your credit history/file for six years and will severely hamper your attempts to obtain credit or to remortgage.  Also the debt remains and the creditor are within their rights to obtain a warrant to extract the money from you.  What does the Order actually state, presumably it follows on from your post here 7 June at 12:37PM

berseker

@Le_Kirk the letter starts with the judge, court and hearing details and then 'UPON hearing the defendant in person and hearing the solicitor for the claimant 
IT IS ORDERED THAT
1. Claim dismissed.
2. Defendant to pay claimant costs of £*** by 28th of June. 
Dated 7 June 2023' 

7th of June was my court date. the l letter is dated 27th July which is a month after the required payment date but i only received the letter a few days ago. 

Do i make payment to MET parking or QDR Solicitor? As it has MET parking in the claimant section of the letter although it was QDR solicitor that took me to court.

Thanks

Coupon-mad

But that Order says you won the case.  Claim dismissed.  You are not paying the claim and don't have a CCJ.

Why did she Order you to pay the loser's costs?

Le_Kirk

berseker said:

@Le_Kirk the letter starts with the judge, court and hearing details and then 'UPON hearing the defendant in person and hearing the solicitor for the claimant 
IT IS ORDERED THAT
1. Claim dismissed.
2. Defendant to pay claimant costs of £*** by 28th of June. 
Dated 7 June 2023' 

7th of June was my court date. the l letter is dated 27th July which is a month after the required payment date but i only received the letter a few days ago. 

Do i make payment to MET parking or QDR Solicitor? As it has MET parking in the claimant section of the letter although it was QDR solicitor that took me to court.

Thanks

That looks totally wrong!  If you won, the claimant pays the defendant's costs.  The defendant would only pay if they LOST.  Send an e-mail to the court and ask for it to be put in front of the judge for clarification.  Follow up with a phone call.