Dilemma-pay CCJ within 30 days or set aside

kiddo19

The claimant is called Brewerygate Limited and their solicitors are Gladstones solicitors. Parking fine was for over staying the car park for 23 minutes. 

Not been mentioned on this forum before. IPC AOS members.

According to Companies House, incorporated in January 2021.

They seem to have just the one car park in Liverpool.
Unfortunately the latest GSV image was from 2020 - before Brewerygate Ltd existed.

The above was copied from a post on page 1. 

Coupon-mad

It is surely a SLAM DUNK CCJ set aside mandatory winning point if they had your new address all along. They are not allowed to ask the DVLA twice so either have to do a sift trace or damn well use the most recent address YOU gave them!

Press tge point that the claim is DEAD and there is no rule that allows a court to reinstate it by ordering you to scrabble around and file a defence.

Not properly served within 4 months = a dead claim, a nullity.  If the C thinks they have a cause of action, they must file and serve afresh.

Press for your £275 costs at tge hearing, plus £95 at least for loss of leave for attending, plus any other travel/postage/printing, on the basis that reverting to an unreliable old address when they knew you didn't live there means they acted 'wholly unreasonably' and must pay your costs.

Jenni_D

What was the issue date on the claim form? (I assume you got a copy of that with your SAR). If the default CCJ was 10-Mar-22 then the issue date was probably no earlier than 10-Feb-22. In that case the claim is not currently dead*, but may be by the time of your set-aside hearing.

Please check and confirm dates.

* unless I'm misunderstanding what "dead" means. But given that the Limitations Act allows for 6 years from date of "debt" for a claim to be pursued, then it can't be dead 4 months after the "debt" date, so it must be 4 months after the issue date (for a wrongly-served claim). Thus it might not be quite as equivocal as @Coupon-mad says ... yet.

kiddo19

Jenni_D said:

What was the issue date on the claim form? (I assume you got a copy of that with your SAR). If the default CCJ was 10-Mar-22 then the issue date was probably no earlier than 10-Feb-22. In that case the claim is not currently dead*, but may be by the time of your set-aside hearing.

Please check and confirm dates.

* unless I'm misunderstanding what "dead" means. But given that the Limitations Act allows for 6 years from date of "debt" for a claim to be pursued, then it can't be dead 4 months after the "debt" date, so it must be 4 months after the issue date (for a wrongly-served claim). Thus it might not be quite as equivocal as @Coupon-mad says ... yet.

I can’t find a claim form letter from Gladstones solicitors in the SAR. The letter dated 14 March saying that they have obtained a CCJ and the judgment date was 10 March. Prior to this letter, there’s One letter dated 21 Jan, stating in red, Warning, do not ignore this notice-court proceedings are imminent. Then the body of the letter said that PAP period has now expired, I was given 14 days to pay to prevent further action taken. 

There were two letters before 21 Jan. a letter dated 1 December saying letter before claim, the same letter sent to my current address on 9 Dec. I replied by emails giving my current address also requested SAR (no reply). 

Should I assume the letter dated 21 Jan is the claim form? Or they haven’t sent all the letters to me in SAR? 

Jenni_D

Thinking again, they won't (necessarily) have a copy of the claim form ... whilst they filed a claim it was the CCBC that would have served it on you(r old address).

I guess the point I was raising is that I don't think it is (yet) cut and dried that the original claim would be dead. Let's see what @Coupon-mad thinks when she gets a chance to read this.  

D_P_Dance

, I’m not happy to pay for it and I have a good case to get it set aside.

Then  why consider paying it?  Read this and complain to your MP.

https://www.dailymail.co.uk/news/article-3786132/I-ll-end-credit-rating-scandal-pledges-PM-acts-Mail-exposes-rulings-ruined-lives.html

kiddo19

I also received an email from Gladstones dated 19April, Rectification of date, confirmed my current address has been updated on their system. 

kiddo19

Jenni_D said:

Thinking again, they won't (necessarily) have a copy of the claim form ... whilst they filed a claim it was the CCBC that would have served it on you(r old address).

I guess the point I was raising is that I don't think it is (yet) cut and dried that the original claim would be dead. Let's see what @Coupon-mad thinks when she gets a chance to read this.  

You’re right about the claim form being sent out the CCBC

kiddo19

D_P_Dance said:

, I’m not happy to pay for it and I have a good case to get it set aside.

Then  why consider paying it?  Read this and complain to your MP.

https://www.dailymail.co.uk/news/article-3786132/I-ll-end-credit-rating-scandal-pledges-PM-acts-Mail-exposes-rulings-ruined-lives.html

I’ve read the article and I will make a complaint to my MP. Will the complaint letter be needed for the set aside hearing or a second hearing (hopefully there won’t be one if the claim would be struck out). Thanks 

Jenni_D

Complaint letter has no relevance to any court hearing. Don't let this (albeit useful) avenue distract you from the matter at hand.