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County Court Claim for a Free Car Park Parking Ticket - help please

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Comments

  • Boat_to_Bolivia
    Boat_to_Bolivia Posts: 1,110 Forumite
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    edited 29 March 2023 at 3:08PM
    As I understand it the GDO are the Judge's orders which will tell what you need to do next.

  • Le_Kirk
    Le_Kirk Posts: 24,698 Forumite
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    B789 said:
    I think that the GDO will probably note that the CCJ is set aside and order that the claim is either re-served or thrown out. I stand to be corrected by someone with a better legal understanding of the system.
    As I understand it the GDO are the Judge's orders which will tell what you need to do 
    Best case the original is thrown out, although that would be unfair on the claimant and it wasn't their fault; worst case, the claim will be re-served.
  • hallie28
    hallie28 Posts: 78 Forumite
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    Hi guys,

    I have received the following letter in the post - is someone able to explain to me what this means and what I should do? 

    Thanks
  • Le_Kirk
    Le_Kirk Posts: 24,698 Forumite
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    It means good news, your CCJ has been set aside and your defence stands. Presumably now the CCBC will either wait for a confirmation from claimant that they will proceed or accept a previous confirmation and send you another N180 (DQ) 
  • B789
    B789 Posts: 3,441 Forumite
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    Just to confirm... you didn't have to pay to file an N244 as the error was by the courts? Anyway, you no longer have a CCJ and any record of it will disappear from your credit record within a few weeks.

    You are now back to where you should have been before the county court claim was issued. As @Le_Kirk has pointed out, the PPC will now have to decide whether to re-serve the claim, unaltered from the original as your Defence stands.
  • hallie28
    hallie28 Posts: 78 Forumite
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    Amazing thanks guys for the clarity - this letter feels like another language!

    The only issue I have is - they surely don't have my defence? This whole issue arose because they hadn't receive my defence to the inbox?! 

    Do I need to contact them to ascertain if they have my defence?
  • hallie28
    hallie28 Posts: 78 Forumite
    10 Posts First Anniversary Name Dropper
    Sorry to add - no I haven't paid anything
  • Umkomaas
    Umkomaas Posts: 43,437 Forumite
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    hallie28 said:
    The only issue I have is - they surely don't have my defence? This whole issue arose because they hadn't receive my defence to the inbox?! 

    Do I need to contact them to ascertain if they have my defence?
    I would do. After your experience so far, I'd be taking nothing for granted. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Le_Kirk
    Le_Kirk Posts: 24,698 Forumite
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    edited 16 April 2023 at 10:04AM
    Umkomaas said:
    hallie28 said:
    The only issue I have is - they surely don't have my defence? This whole issue arose because they hadn't receive my defence to the inbox?! 

    Do I need to contact them to ascertain if they have my defence?
    I would do. After your experience so far, I'd be taking nothing for granted. 
    Indeed, even though the letter says "the defence filed shall be processed as the defence of the defendant".
  • MothballsWallet
    MothballsWallet Posts: 15,877 Forumite
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    edited 16 April 2023 at 5:00PM
    hallie28 said:
    A little update that might be helpful - thank you guys for all your pointers.  I am sure you know this below information, but I'll provide it anyway. 

    After submitting over 10 emails without a response, and a lot of unhelpful phone calls, I finally spoke to a lovely customer service assistant on the phone. She advised me that most emails with attachments bounce 'a few times' and that the system struggles to obtain emails with attachments. She advised sending an email without attachments and referring the availability of attachments in the email. She also advised that for complaints the best email CCBC@Justice.gov.uk - this gave me a bounce back email on the first occasion attempt. 

    Thanks :-) 

    Sounds like their email server provider isn't fully compliant with the internet standards (RFCs) for email systems - this is the list I found for that.

    There are times where email service cannot be guaranteed, but the number of cases the regulars see with the courts having issues with receiving emails (FYI, email servers should be running 24/7/52 as far as possible) says to me (as an IT person) that they're not using the most compliant setup that they should be using.
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