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Multiple CCJs decided in default - set asides and defences

123457

Comments

  • Coupon-mad
    Coupon-mad Posts: 155,669 Forumite
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    The CRA 2015 is already in the Template Defence, big time!  It's my fave legislation.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • The CRA 2015 is already in the Template Defence, big time!  It's my fave legislation.
    Yup, I know, I just meant to address that point about 'parking regulations ' specifically.

    Once again, thanks very much!


  • @Coupon-mad sorry to be an absolute pest but I was wondering if you've had any thoughts on formulating that complaint/letter to the MoJ?

    I'm very keen to do this additionally to fighting the claims in court, I think any other avenue of attack would be beneficial. 

    If you don't have the time for this it's absolutely not a problem at all, I will pursue it on my own, I would've just appreciated your knowledge and experience very much!

    Many thanks!
  • Coupon-mad
    Coupon-mad Posts: 155,669 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 18 September 2023 at 12:54PM
    Must admit I haven't thought about it yet.  I do think it's best coming from someone like you, as a person who has suffered detriment from it, but happy to be involved in writing it.

    The complaint is about the MoJ using a fully automated system, without any human checking that the basic PD & CPRs have been adhered to.  This system would even allow a load of gobbledegook in the POC (coupled with an old address used to make sure the Defendant doesn't receive it) to ruin someone's credit. The system is open to abuse because the data is handled without a human looking at it.  That can't be right. 

    The complaint (and your case too) is strengthened by this new appeal decision:
    https://forums.moneysavingexpert.com/discussion/6473149/major-judgement-where-judge-strike-out-the-claim-form/p1
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Okay, so I'll start writing something, I already have most of the story outlined in the letter I've sent to my MP (who also said he will back me up on this letter to the MoJ).

    I'll post it here once I'm done :)

    Once again, many thanks!
  • Must admit I haven't thought about it yet.  I do think it's best coming from someone like you, as a person who has suffered detriment from it, but happy to be involved in writing it.

    The complaint is about the MoJ using a fully automated system, without any human checking that the basic PD & CPRs have been adhered to.  This system would even allow a load of gobbledegook in the POC (coupled with an old address used to make sure the Defendant doesn't receive it) to ruin someone's credit. The system is open to abuse because the data is handled without a human looking at it.  That can't be right. 

    The complaint (and your case too) is strengthened by this new appeal decision:
    https://forums.moneysavingexpert.com/discussion/6473149/major-judgement-where-judge-strike-out-the-claim-form/p1
    Whilst I am no fan of him.......no doubt the automated nature of this process is what famously led to Boris Johnson somehow getting a default CCJ against him for "defamation" using 10 Downing Street as his address while prime minister.  Should have rung alarm bells then when it happened. Not the right court for a start so no checking at all was done.
  • Coupon-mad
    Coupon-mad Posts: 155,669 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 18 September 2023 at 2:03PM
    who also said he will back me up on this letter to the MoJ
    Now THAT looks promising. Pm me and we can get the complaint wording strong.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Just wanted to share a quick success here, had another one of the claims set aside for my partner today, with all costs awarded and consolidation agreed, due to be arranged at the final hearing for the fourth claim. The judge was very sympathetic to our situation. 

    Many thanks to this forum for all the advice and confidence!

    I suppose for now, the battle is won but the war is not over, looking forward to the defence.
  • Coupon-mad
    Coupon-mad Posts: 155,669 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 22 September 2023 at 1:48AM
    Just wanted to share a quick success here, had another one of the claims set aside for my partner today, with all costs awarded and consolidation agreed, due to be arranged at the final hearing for the fourth claim. The judge was very sympathetic to our situation. 

    Many thanks to this forum for all the advice and confidence!

    I suppose for now, the battle is won but the war is not over, looking forward to the defence.
    That's great news!

    P.S. 
    I got your pm but this week is madly busy and I'm soon away for a long weekend till Monday.  Hope to come back to you next week if you can wait a week?  
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • milkybk
    milkybk Posts: 328 Forumite
    Sixth Anniversary 100 Posts Name Dropper Combo Breaker
    Just wanted to share a quick success here, had another one of the claims set aside for my partner today, with all costs awarded and consolidation agreed, due to be arranged at the final hearing for the fourth claim. The judge was very sympathetic to our situation. 

    Many thanks to this forum for all the advice and confidence!

    I suppose for now, the battle is won but the war is not over, looking forward to the defence.
    Congratulations!  :)
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