Parking charge - I didn't pay at the machine and didn't to pay online within 24 hours

nellie555sharks

@Umkomaas everything is in my husbands name and he will ask the judge for me to speak on his behalf.

Coupon-mad

nellie555sharks said:

Coupon-mad said:

You assume wrong.  It's still live.

Read our Template Defence.

Is the template defence here on the forum or on the policy draft on the government website?

The Template Defence is in the Template Defence announcement thread.

Read it because it explains to a Judge why the temporarily withdrawn Statutory CoP is in fact not dead.  

nellie555sharks

Coupon-mad said:

nellie555sharks said:

Coupon-mad said:

You assume wrong.  It's still live.

Read our Template Defence.

Is the template defence here on the forum or on the policy draft on the government website?

The Template Defence is in the Template Defence announcement thread.

Read it because it explains to a Judge why the temporarily withdrawn Statutory CoP is in fact not dead.  

Thank you I have copied and pasted everything from the thread and have printed of the code so go through that also.

Le_Kirk

nellie555sharks said:

@Umkomaas everything is in my husbands name and he will ask the judge for me to speak on his behalf.

You just appear at the hearing (if/when it gets that far) and say you are appearing as the Lay Rep for your husband, who, of course, must also be there.  Read this.  Take it with you to the hearing.

nellie555sharks

I’m absolutely fuming.

We just had our hearing and the judge didn’t want to hear anything at all about the new policy or anything. He has set aside the ccj pending us submitting a defence in 14 days but strongly suggested we settle with the other side.

Perhaps I missed sending the defence but I didn’t think that’s what this was for.
He wouldn’t strike the claim out and I’m terrified that if we don’t win we are screwed for the remortgage in February.

He didn’t seem bothered that they didn’t bother to check the address they were serving to was an old one and said they did their check back in 2018.

I thought getting a district judge would be aware of the deplorable behaviour of these parking sh**s

nellie555sharks

Once we submit a defence what happens then? 

UncleThomasCobley

nellie555sharks said:

I’m absolutely fuming.

We just had our hearing and the judge didn’t want to hear anything at all about the new policy or anything. He has set aside the ccj pending us submitting a defence in 14 days but strongly suggested we settle with the other side.

Perhaps I missed sending the defence but I didn’t think that’s what this was for.
He wouldn’t strike the claim out and I’m terrified that if we don’t win we are screwed for the remortgage in February.

He didn’t seem bothered that they didn’t bother to check the address they were serving to was an old one and said they did their check back in 2018.

I thought getting a district judge would be aware of the deplorable behaviour of these parking sh**s

You can relax. The CCJ was set aside, That means that within the next few weeks it will be completely expunged from your record. It will be as though it never existed.

It will not be "set aside pending you submitting a defence...". It is set aside and you now have to defend the original claim. Even if you were to lose the claim, as long as you paid the CCJ within 30 days, it would never appear on your record.

nellie555sharks

UncleThomasCobley said:

nellie555sharks said:

I’m absolutely fuming.

We just had our hearing and the judge didn’t want to hear anything at all about the new policy or anything. He has set aside the ccj pending us submitting a defence in 14 days but strongly suggested we settle with the other side.

Perhaps I missed sending the defence but I didn’t think that’s what this was for.
He wouldn’t strike the claim out and I’m terrified that if we don’t win we are screwed for the remortgage in February.

He didn’t seem bothered that they didn’t bother to check the address they were serving to was an old one and said they did their check back in 2018.

I thought getting a district judge would be aware of the deplorable behaviour of these parking sh**s

You can relax. The CCJ was set aside, That means that within the next few weeks it will be completely expunged from your record. It will be as though it never existed.

Yes but I still have to draft a defence and send though else I’m not sure what will happen if I don’t ?
If we do what happens next is it then a just a ruling based on the monetary claim?

UncleThomasCobley

Which court and which judge? Can you show us the original PoC? Hopefully you will get a different judge for the claim anyway. Did the claimant have to provide new or revised PoC?

nellie555sharks said:

Yes but I still have to draft a defence and send though else I’m not sure what will happen if I don’t ?

If we do what happens next is it then a just a ruling based on the monetary claim?

You absolutely have to defend. Not defending will result in another default CCJ and you do not want to go through that again. Have a look at the template defence thread.

Coupon-mad

nellie555sharks said:

UncleThomasCobley said:

nellie555sharks said:

I’m absolutely fuming.

We just had our hearing and the judge didn’t want to hear anything at all about the new policy or anything. He has set aside the ccj pending us submitting a defence in 14 days but strongly suggested we settle with the other side.

Perhaps I missed sending the defence but I didn’t think that’s what this was for.
He wouldn’t strike the claim out and I’m terrified that if we don’t win we are screwed for the remortgage in February.

He didn’t seem bothered that they didn’t bother to check the address they were serving to was an old one and said they did their check back in 2018.

I thought getting a district judge would be aware of the deplorable behaviour of these parking sh**s

You can relax. The CCJ was set aside, That means that within the next few weeks it will be completely expunged from your record. It will be as though it never existed.

Yes but I still have to draft a defence and send though else I’m not sure what will happen if I don’t ?

Surely you aren't planning to disobey the order of the court?  This is the easy stage.

Congrats in getting the CCJ set aside! I don't know why you are fuming.  This was what you wanted and most claims are not dismissed on the spot during a short application hearing.

This is normal.

Why not sit down with a cuppa - smile because your application SUCCEEDED - and slowly read through what happened in the half a dozen linked CCJ set aside thread examples that I've already linked in the NEWBIES thread to help people understand what normally happens when?

Sending a defence after the first hearing is normal.

 I’m terrified that if we don’t win we are screwed for the remortgage in February.

But you don't get a CCJ if you lose, you'd just pay, if you lost at the PCN hearing. No CCJ.