New direction questionnaire from a stayed case in March 2020!!

Debunked

I have spoken to a legal who gives free legal advice. She seems to think that I don't have much chance of winning.
I also have a feeling that the court have never received my resubmitted defense after is was set aside. Otherwise why would the judge not consider it on the 7th of July.
She also said I should get a statement from the driver saying it was they who were driving? And also go back to the court to go over things once again. 
I don't know where this leaves things. I can't have this CCJ on my file it will affect mine and my families life tremendously.

I feel completely and totally lost. 

Jenni_D

FWIW I'd trust the experts here (who each have more than 10 years of experience in this specific subject) far more than I'd trust a generic legal offering a free consultation. The legal knows they'll not get any work out of it.

Debunked

Yes I agree, I'm going to the court tomorrow to speak to them again about it all. And have contacted BW legal to ask them to stop pursuing me until it is sorted. Just worried that they can now sell the debt on to other debt companies, bailiffs etc. 

Grizebeck

Debunked said:

Yes I agree, I'm going to the court tomorrow to speak to them again about it all. And have contacted BW legal to ask them to stop pursuing me until it is sorted. Just worried that they can now sell the debt on to other debt companies, bailiffs etc. 

No nothing will happen regarding the debt. Even if you did nothing. No one will ever call for this amount. 
Yes you need to approach the court manager
If they are no help you may have to pay the fee then a complaint to the MOJ and ask for compensation due to their error
The court may even order the fee be refunded. 
See what happens with the complaint.

Debunked

OK thanks for putting my mind at rest somewhat. 
I will see what happens at court tomorrow. 

Coupon-mad

Debunked said:

OK thanks for putting my mind at rest somewhat. 
I will see what happens at court tomorrow. 

If you have to pay for the application then do so under protest, and we can help you with a Draft Order that says the Order and CCJ be set aside, the case re-listed for a hearing and the £275 fee is to be refunded by the court due to evidenced maladministration.

Debunked

Thanks @Coupon-mad I will keep you informed after my trip to court tomorrow.
I'm very grateful, and appreciate your comments regarding the help. Hopefully the complaint, alongside the face to face visit will prevent an application having to be paid for. 🤞

Fruitcake

Keep your MP informed about this as well. There are two issues. One is the unregulated parking industry, and the other lies the judicial system.

You might want to contact the Secretary of State for Justice, or whatever she/he is called as well.
Again, there are two issues. One is the court failing to act properly leaving you with a CCJ, and the other with the unregulated parking industry that can bludgeon its way into issuing CCJs against people without their knowledge despite the fact that a certain Mrs May said when she was PM that she would put an end to credit clamping.

Manxman_in_exile

I contributed to this thread back in January (very unusual as I rarely stray onto this board) and I noticed yesterday that it was currently active again.

Just a couple of comments that might be helpful to the OP - and if not I'm sure they can safely be ignored:

Debunked said:

... So I phoned the court this morning 8:30am just to check everything was in place, and guess what? 
It was adjourned yesterday afternoon!!!
The court said they had no contact details for me, but I have emailed them previously. They also asked the claimant BW to contact me which they never did...
 
...One interesting point was the lady on the phone told me the claimant had paid the court fee on the 16th June, but the deadline on my letter received on the 8th December 2021states that application and court fees need to be received by the 7th June. Otherwise the case will be struck out...

That was back on 7th July.  I'm not sure if anyone else has suggested this, but it strikes me that whomever the OP spoke to at the court had mixed up the OP's case with another case, and has told the OP that his case had been adjourned when it hadn't - it was somebody else's case.

The other thing that strikes me is the court employee telling the OP that they had no contact details for him, which reinforces the tale of woe the OP had originally on this thread that the court never informed him that a stayed case from nearly two years previously had been resurrected without the court informing him that that was happening.  I outlined that in my post back in January which I link below for information.

However you look at it, the court system's treatment of this individual has been appalling and inexcusable.  I hope the OP gets an outcome that they are satisfied with, but they really ought to make a formal complaint to the Ministry of Justice (or whatever it calls itself)

Manxman_in_exile said:

I don't often stray onto this board but I saw the thread title and decided to read it.

...but wouldn't it be worth his while now to follow up the lack of response from the court to his letter (or email) that he submitted with his DQ?  I'm referring to the first dozen or so posts on this current thread where Debunked was advised to ask the court how this claim could possibly have been resurrected when he thought it had been chucked out about 18 months ago.

I assume his letter/email could never have been read by anyone in authority as I can't believe it could just have been ignored (or maybe I'm being naive).  I don't understand how a case can be chucked out unless amended POCs are submitted within 7 days, and it then get reinstated over a year later with no notice to Debunked.  Surely it's not unreasonable to expect an answer to the question being asked.

I'm just thinking that if this is simply some mix up or miscommunication at the court (SNAFU) might it not be better to try to resolve it before the hearing date in June?

Just asking...

@Debunked -  Good Luck!

Debunked

Thanks for everyone's support on this, @Manxman_in_exile it was definitely a clerical error by someone at the court. I will post the email I received it is dated the 6th of July, but had gone into my junk folder hence I didn't see it straight away.
The fee by claimant was paid just in time on the last day, but the court did not receive the funds officially until after the date of the 7th of June. So the court assured me that was OK.
I will write to my local MP and the justice secretary on this. I contacted my MP early on in this process about being harrased etc. But will do so again, a very good point thanks @Fruitcake