I won my CCJ Set aside!

GreenTree22

Hi all!

I need a bit more advice as I can't find anything related to this on the forum? I won my CCJ set aside on the 16th November and it was apparently an open and shut case! Due to me having moved but changed all my details as soon as I moved the judge was more than happy that I had done my part and didn't even need to hear my side of the story. UKPC tried to argue it was the right address at the time and it was my fault for ignoring the letters previously however the judge kept having to remind the paralegal that we're not here to talk about the original fine or the notices but the actual legal court documents which they served to an address they had not checked despite no communication from me for over 2 years! The judge was frankly shocked that they hadn't bothered to check before issuing the claim form and advised the Paralegal to inform UKPC that this is not how the process should go and that it is wrong how they acted as I was there to be found and they did not take reasonable measures at all. She set it aside straight away and as I asked in my draft order to have the £275 reimbursed asking if the paralegal could argue against it she just kept saying it was my fault! The judge stated they had to pay me the £275 back as I had to take them to court out of my own pocket despite them serving it incorrectly. 

Basically this is where I am confused;

• The judge stated they had until the 30th November to pay me back which they still haven't (they contacted me 05/12 asking for my bank transfer details but nothing sent yet) 
• They were given until the 14th (today) to 'come to an agreement for the fine or have until the 14th to re-issue a claim form'- I have not contacted them about this as the fine is not my problem to sort but the only communication is me giving them my account details. They have not sent anything and/or contacted me about this does this mean after today the whole fine is thrown out and 'dead'? as in they can't ask me to pay it after today as it is the deadline? 
• The court still haven't sent me a copy of the order or contacted the registry trust as my credit score is still in the gutter so I'm trying to contact them and I'll contact the Registry Trust myself- Does this work immediately and should I have received a copy of the judge's order as it has been over a month now?

I'm basically waiting until Thursday eve/Friday before contacting UKPC stating the fine is dead and that they haven't paid me and it has now been over 2 weeks for the payment deadline so unless they want me to issue a CCJ against them to get my court costs back then they should pay me ASAP? What do you think does this sound about right? 

KeithP

GreenTree22 said:

I'm basically waiting until Thursday eve/Friday before contacting UKPC stating the fine is dead and that they haven't paid me and it has now been over 2 weeks for the payment deadline so unless they want me to issue a CCJ against them to get my court costs back then they should pay me ASAP? What do you think does this sound about right? 

Don't use ASAP. It means nothing. For example, if they still haven't paid you by say the end of March, can they say "sorry it wasn't possible"?

Give them a fixed deadline - maybe they must pay you within seven days of the date of your letter, or before a specified date about a week away.

And why do we need a new thread about this?
This is a natural continuation of your earlier thread.

GreenTree22

KeithP said:

GreenTree22 said:

I'm basically waiting until Thursday eve/Friday before contacting UKPC stating the fine is dead and that they haven't paid me and it has now been over 2 weeks for the payment deadline so unless they want me to issue a CCJ against them to get my court costs back then they should pay me ASAP? What do you think does this sound about right? 

Don't use ASAP. It means nothing. For example, if they still haven't paid you by say the end of March, can they say "sorry it wasn't possible"?

Give them a fixed deadline - maybe they must pay you within seven days of the date of your letter, or before a specified date about a week away.

And why do we need a new thread about this?
This is a natural continuation of your earlier thread.

Yes sorry I don't use this often so didn't think to add it to my original post sorry! That's great and can you answer about the deadline for them issuing a new claim form? If the deadline is today and they haven't said anything about paying it and/or serving a new claim form is the original parking fine dismissed so I don't have to pay it anymore?