Parking tickets and CCJ for parking in residents parking

LizA70

I’m glad I didn’t know before but I was in a court room, but ushers, Judge lovely and as you’d said earlier, he organised. 

Very surprised that rep knew absolutely nothing about the case, hadn’t even read my WS and SWS.  I gave him a copy to look at 😁

Judge asked where parking companies WS was, he just blagged about Draft Order, 

Skeleton had not been printed out by courts 😬 as my total document was over 50 pages, so discussed at the beginning mentioned it at the begining.

Judge not prepared to strike out on  16.4 however he asked the parking company to submit their agreement with  the Management Company at my flat and why they lost the contract and I can file my defence then if I want to.  They have 3 weeks and I then have 3 weeks and if they don’t file why they got dismissed it will be struck out.

They were also asked to file documents relating to tickets, which they will see there is at least one ticket for a date they weren’t in force.

Judge also made a point that only thing that can be changed is my address and nothing else.

Rep also blabbed about DVLA not having correct address, I did state, they could not have found me that way, only one search etc and mentioned credit search for pennies, which what had been done for HCEO and that my DVLA was up to date.

I’m shocked that for such a large claim they knew nothing and judge did quiz him on POC and what they related too, and how could I expect to file a defence based on it. Hence asking for information from Management Committee.

At the end I asked Judge for my costs, he mentioned it was t in small claims track, but could give me N244 application and todays costs.  Rep asked for his costs and was denied 

Absolute perfect moment for me was Rep asking me for personal details so costs payment could be made 👌.

I will wait to see what transpires next, will they file their documents relating to their cancellation of their contract, I’d be surprised, but then I’ve been surprised through out this whole debacle.

my Judge doesn’t usually hear this sort of case, he’s predominantly family and Children, have to say he led the whole thing perfectly and I’m hoping he’s leading towards 4 month strike out if they file why dismissed. 

I hope that helps with anyone else going through Set Aside and High Court Writ, I will enjoy letting HCEO know this weekend.

would not have been anywhere near as organised as I was today if hadn’t been for this forum so humungus thanks 

Coupon-mad

That is totally brilliant! So happy for you - a 'determined to fightback' angry but organised woman after my own heart!

You've cost them a legal rep's attendance fee, your N244 fee and your attendance costs, which altogether is a few hundred that DCB Legal or the Claimant are having to throw at your case for no good outcome - haha!

  

I cannot wait to hear what happens next.  Like you, I doubt they will file & serve details of why they were removed from the site.

I predict a discontinuance, or they'll do nothing and just slink away and let it be struck out.  Now THAT could be useful because then you might get a short summary of written reasons in the Judge's final order.

We'd like to see that, minus your name.

But I reckon they'll discontinue.  We'd like to see that too.

LizA70

Coupon-mad said:

That is totally brilliant! So happy for you - a 'determined to fightback' angry but organised woman after my own heart!

You've cost them a legal rep's attendance fee, your N244 fee and your attendance costs, which altogether is a few hundred that DCB Legal or the Claimant are having to throw at your case for no good outcome - haha!

  

I cannot wait to hear what happens next.  Like you, I doubt they will file & serve details of why they were removed from the site.

I predict a discontinuance, or they'll do nothing and just slink away and let it be struck out.  Now THAT could be useful because then you might get a short summary of written reasons in the Judge's final order.

We'd like to see that, minus your name.

But I reckon they'll discontinue.  We'd like to see that too.

When I first came on this forum, I was considering paying it to stop the Baliff action, and your words resonated then, as soon as I get paperwork it will be posted, yes a very angry woman, who managed to put that into “legal speak”.  And so much sweeter as I had this forum words ringing in my ears, don’t forget to claim costs ….. plus everything they’ve spent today …… hurrah.  Bravo MSE forum 🙌

Coupon-mad

You are a shining example of using the advice here and absolutely running with it!  So happy you pushed for your costs.

I think I will link your WS and Draft Order and the one on the thread by @Zbubuman as the most recent exemplars for CCJ set asides.

LizA70

Coupon-mad said:

You are a shining example of using the advice here and absolutely running with it!  So happy you pushed for your costs.

I think I will link your WS and Draft Order and the one on the thread by @Zbubuman as the most recent exemplars for CCJ set asides.

Please do ! This forum has been an absolute god send, I know it’s not over yet, but today seeing how poorly prepared they were, I’m no where near as worried. Rep didn’t even know the dates for the “parking charges” !! Thank you 

LizA70

LDast said:

Well done for persevering. I can't wait for the next instalment in this: "...judge has ordered parking company to serve papers to the court on why they were dismissed from site, they’ve got 3 weeks to do that, if they don’t it’s struck out."

Thank you, me too !! 

LizA70

So my deadline passed and I've not heard a peep out of solicitors, sorry to be asking for help again but I want to make sure I get this bit correct, so questions if its okay: 

1) I received the Court Order from 10th May, would you like me to post here ?
2) Should I chase the courts now, as I'm assuming that I will need to get a order from the courts that they Parking Company cannot pursue me at a later date ?
3) Do I have any further recourse, I am very relieved, but now left with the feeling that they have done all that they have through a paperwork system that meant they could get a CCJ and a High Court Writ, without checking what the parking fines/tickets/invoices actually related too, or that I even lived at my old address, and then had the double nerve to turn up at court without having even read my WS and SWS

I do know that's why this forum is here and I'm one of so many, I would just like to do my bit !!

Also for others who may stumble across my sorry tale the CCJ has been removed by two of the three credit agencies already, its not actually affected my credit score as of yet, the normal lines of credit that I would see at my bank are not there, I'm guessing it will take time for that all to recover.

Coupon-mad

 I received the Court Order from 10th May, would you like me to post here ?

Yes please. Cover your name though.

LizA70

First page 

LizA70

Second page