Text from Empira Ltd (Gladstones) - CCJ

Coupon-mad

So, both CCJs set aside, one claim struck out?  One claim remains to defend?

tunm153

One was set aside, however I still need to pay the parking operator, it's basically at the point before a CCJ. I guess the other option would be to continue fighting the charges if I choose against a settlement?

For the other, I'll need to submit a defence (via email?) so that the judge can consider setting the CCJ aside.

Coupon-mad

tunm153 said:

One was set aside, however I still need to pay the parking operator, it's basically at the point before a CCJ. I guess the other option would be to continue fighting the charges if I choose against a settlement?

For the other, I'll need to submit a defence (via email?) so that the judge can consider setting the CCJ aside.

I don't understand.

BOTH CCJs are set aside are they not?

And why do you have to pay one, did the Judge say so?

tunm153

One of them is, I guess the judge asked me to set up a plan as a settlement so that the case wouldn't continue?

For the second CCJ the judge asked me to send in a defence and only then she'll consider setting it aside, it may also involve another hearing. 

Should I find out more about my options from the court? What typically should happen in a situation like mine, what is the expected outcome usually?

Coupon-mad

This doesn't make sense.

Presumably you will get clarity in the Judge's written Order but setting aside a CCJ is mandatory (NOT subject to a Judge's whim about whatever is in a defence) if an old address was used for the court claim.

BOTH CCJs had to be wiped. Are you sure one has NOT been? Please tell us from your notes, EXACTLY what she said about each one.

If you are certain she refused to set aside one of the CCJs she is WRONG IN LAW and you should contact Contestor Legal and ask them how much they'd charge to appeal that.

CPR 13.2 is mandatory.

She is applying the wrong rule (CPR 13.3).

tunm153

What email would be best to contact to clarify exactly what the judge said? 

From my notes, I wrote: "The first operator agreed with my appeal, therefore the judge set it aside. 

The second parking operator disagreed. On the condition that I send in a defense (because I couldn't provide a suitable one during the hearing), the judge will set it aside."

During the hearing, for the defense, I did mention the 'mere superficial trace from the parking operator to find me' part, but the judge thought it was still my fault that I hadn't updated the DVLA with my new address.

Should I also have gotten my £275 back? If what I'm saying above is the situation, what typically are the next steps?

Coupon-mad

You had to ask for your costs back at the hearing, so sadly you are now out of pocket.

You can't email anyone to clarify, although you will eventually get a written order (but don't wait for it). You need to be sure what was said but it sounds like you are.  

The Judge was wrong to say that it mattered about the DVLA address because the operator could not ask the DVLA again (not allowed).  Some Judges think that. It is incorrect.

But the good thing is: from your notes, both CCJs are set aside, one with the claim dismissed and the other depends upon you sending a defence. Make sure you put the right claim number (out of the two) on the defence!

OK so now read the Template Defence thread.

  

tunm153

Thanks, I'll start working on the defence. Regarding the costs, I did ask for them back during the hearing, but the judge said it was my fault for not updating DVLA, therefore I wouldn't be getting the money back.

Are you able to clarify what 'claim dismissed' means, as the judge said I would still need to pay what I owe to the parking operator? The hearing gave me the impression that we're just one stage before a CCJ once it's set aside, not that I no longer owe any money.

LDast

tunm153 said:

One of them is, I guess the judge asked me to set up a plan as a settlement so that the case wouldn't continue?

For the second CCJ the judge asked me to send in a defence and only then she'll consider setting it aside, it may also involve another hearing. 

Should I find out more about my options from the court? What typically should happen in a situation like mine, what is the expected outcome usually?

That bit is ringing alarm bells.

Coupon-mad

the judge said I would still need to pay what I owe to the parking operator...I guess the judge asked me to set up a plan as a settlement so that the case wouldn't continue

This (above) does not tally with this (below). Completely different! So I suggest on Monday you ring the local court to ask for the written judgment because you were so stressed you don't understand what you need to do, and by when, for the two claims:

From my notes, I wrote: "The first operator agreed with my appeal, therefore the judge set it aside. 
The second parking operator disagreed. On the condition that I send in a defense (because I couldn't provide a suitable one during the hearing), the judge will set it aside."