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Out of the Blue: CCJ Debt letter (for pcn) – dcbl (/UK Parking Control ltd) - Set-aside & Dismissed
Comments
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10am hearing, out by 10:10 (longest 10 minutes I've had in a long time..).
Initially a little concerned that my partner wouldn't be able to talk on my behalf, I think the Judge was trying to establish who he was (we had already explained to the Usher, who had already communicated this, so I think that confused us a little), he did mentioned a McKenzie friend (not sure of the relevance of his mentioning this, we had said lay rep already), but we made it clear my partner was a lay person helping me and we moved on:
The Judge seemed most put out that the other side had not attended or made any representation at all.
The Judge agreed with setting aside on the basis of VCS vs Carr ( not served properly)
He then agreed with CEL vs Chan on the PoC.
He then talked about the appropriate allocation of court resources (and I think mentioned the lack of representation on the part of the claimant again) and as I understand it: Set-aside and struck out (waiting on the paperwork to confirm.. very stressful 10 minutes and a lot to take in).
I didn't get as far as putting in a better draft Judgment or any costs so we got the set-aside costs we asked for awarded as per our original draft order. But I'm happy with that if that's the last of this one, it was the principle for me of the CCJ in default.
We didn't have to do much talking at all in our case, the Judge seems to have read our representation and was up to speed on the case law we cited.
Quick question (for clarity for my sanity): I'm I right in understanding UKPC can not now appeal this judgment?
Thanks! Thanks! Thanks! C
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Any judgment at this level can be appealed but they won't and have no grounds to do so.
It is now over for this one. You won!
ANOTHER ONE BITES THE DUST!PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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