n244 application advice please - multiple CCJS

Coupon-mad

Twice 'It is disputed that' should read as  'It is denied that'.

And I think you should add that employees were permitted to park and had provided numberplates to their employer (true?) and as such only displayed paper permits as a courtesy not a 'relevant obligation' and certainly not under any contractual agreement.  It was understood that there was an electronic whitelist and that only trespassers were the targets of enforcement.

And yes do a legal argument skelly like the one discussed on a well prepared CCJ set aside thread earlier this week - might be in the thread by @paulr23 I think.

I hope you responded both to CEL and to the local court and were really robust that you want your right to a hearing and all costs?

ginlover92

And I think you should add that employees were permitted to park and had provided numberplates to their employer (true?)

No thus isn't true in this case its just a public car park.

Is the skelly and the defence OK to be on one document or should I send separately?

Thanks so much 

Coupon-mad

Absolutely categorically SEPARATE and they deal with entirely different things!

The skelly isn't about the defence (it's about the 4 months dead argument) and nor does it need a statement of truth.

henrik777

Potentially, as i can't see the dates, it would be a part of your argument, for the last 4 claims that they had reason to believe you no longer resided there due to the first default judgment with zero response.

Coupon-mad

And that there should have only been one claim, not five (I think you covered that in your WS...?).

ginlover92

Thank you everybody I have followed your valuable advice and I have now sent the bundle to the local county court and to CEL legal team. I will call the court tomorrow to confirm they have received this and if there is anything further I need to do. 

Coupon-mad

Great - and if they drop the bombshell that 'the hearing is vacated and the Judge has made a decision already' (due to the misleading crap from CEL) you do not put the phone down, you escalate a complaint on the spot and point out that YOU paid (five times over) for the hearing and insist on speaking to a manager and get YOUR hearing reinstated as a costs hearing for you.

Hopefully that won't happen...I might be concerned about nothing...but the courts have been easily bamboozled by draft Orders from smarmy legal teams in parking cases an tend to believe every word sometimes (sadly).

I want you to be ready and not to accept anything less than being assured that your hearing IS NOT to be vacated by any say-so of the rogue Claimant.  Hopefully your court isn't that easily misled by the party who DIDN'T pay for the hearing.

Coupon-mad

ginlover92 said:

Thank you everybody I have followed your valuable advice and I have now sent the bundle to the local county court and to CEL legal team. I will call the court tomorrow to confirm they have received this and if there is anything further I need to do. 

What happened in the end about these five claims/CCJs?

ginlover92

Hi everyone. I thought I would give an update I appreciate significant time has passed but I have still been fighting this behind the scenes.

I attended court for the hearing in July 22 and was told it was cancelled at the request of CEL. I argued this and received a further hearing date for January 23 but when I attended I was informed this was only for one of the claims when I explicitly requested one hearing for all five claims. The hearing in Jan I was informed it had already been set aside - I argued I wanted my costs reimbursing and also wanted a hearing for the other four claims. I then had another hearing in August 23 and the same thing happened again and it was in relation to the claim already set aside (outside of a hearing). I provided them with all my paperwork again and finally had a hearing two weeks ago for the other four claims. The judge was lovely and the court venue actually changed because the specific judge wanted to hear it and get it sorted for me as he could see how much I have been messed around. It was extremely straight forward I was in and out in 15 minutes he agreed to the set aside for all four claims and for my costs to be reimbursed for the four claims. He said he is looking into the first claim to see what has happened as it was a mess up on their part and will get back to me, but that claim has been off my credit record for a while now but I would still like the costs reimbursing. 

I filed my defence today and CEL have come back stating they are discontinuing the four claims! I wouldn't have been able to do this without this forum so thank you so much! 

I am just awaiting for the CCJs to be taken off my record and for my costs to be reimbursed. Do I still need to complete a DQ? I was told the court would send me this in my hearing and also see this is the process in the newbie thread. 

I am happy to copy and paste my defence if this would be helpful to anyone. I drew it up this morning.

Thanks again!

ampersand

So glad to read this, ginlover92, but once again, your sentence here -

'The judge was lovely and the court venue actually changed because the specific judge wanted to hear it and get it sorted for me as he could see how much I have been messed around' highlights the toss-of-coin aspect of too many of these spurious cases.

Well done for your persistence and for recovering your costs, despite the personal wear and tear this has put you through.