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2 x CCJ's that i was not aware about
Comments
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Quick update- so just checked with CCBC and was advised that both cases have been transferred to Watford (closest court to when I made the original applications), although I have since moved to Surrey and told them multiple times to update the address. Anyways just been on the phone with their Family & Civil service line and was told to Email the Watford CT to update my address. Decided to not change to a closer court (albeit will be a 2hr train journey) as will mean having to fill another form and pay an additional transfer fee.
The gift that keeps on giving.
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I am still alive. As of yesterday, I have now received the letter from Watford county court confirming my hearing is set for the middle or March 2027 ( nearly 3 years - to say that the system is broken would be an understatement).
I am mildy aware that in the past 2.5 years there have been various updates, precedents, etc. Thefore, I would be grateful for your continued guidance as to whether I need to submit a supplementary witness statement highlighting recent cases and judgments to strenghten my case since the original was drafted 2.5 years ago (I am aware that I am missing one of the Chan exhibits - the court of appeal judgment, but I am unsure of any others).
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Good to know you're
Still alivethough I bet you lost the will to live many a time throughout this saga 🤣2 -
Wow. Just wow!
This is the longest CCJ set aside wait I've ever seen. You have had to live with two enhanced and unjustified CCJs for THREE YEARS due to the court's incompetence and delays.
Back in 2025 you told us:
"
After 1.5 years going round in circles without my case ever being reviewed or going in front of an allocating judge, I have now logged a complaint. So far complaint got acknowledged after 2 weeks and got an email stating they need more time to investigate."
Quick update. Have now heard back from the complaints team at HMCTS. They have admitted that my cases did fall through the cracks (being passed from one handler to the next, with no one bothering to check the whole file to find out what is happening). They have advised that they have changed their application process where each case will now have a dedicated handler to avoid situations like this happening again.So, I think you need a brief supplementary WS setting out a timeline and attaching proof of the HMCTS & CNBC complaints & replies. Just in case your 2027 hearing judge thinks you delayed the applications.
Is this a single consolidated hearing for both applications? I flipping well hope so!
Also refer to and attach:
- CEL v Chan
- CPMS v Akande
- VCS v Carr which was heard at the Court of Appeal in 2025
Say this in your supplementary WS:
The authority of VCS v Carr MUST be followed and provides binding precedent for:
1. The CCJs x 2 must be set aside
2. claims both dismissed for want of service within the fixed 4 month limitation (it is expired and cannot be resurrected by a court)
3 Defendant's costs awarded in full, noting that the cases x 2 were never allocated to track, so there are costs in the case.
Also attach a signed & dated page headed Costs Assessment; see the recent thread by @Hondawonda for an example but you also have incurred 2x £303 fees paid to court (attach proof/receipts for those fees and calculate your return train journey and other costs).HOWEVER, I WOULD ACTUALLY WAIT UNTIL FEB 2027 TO SEND ALL THAT!
The reason is:
- by then, the MHCLG's new statutory Code will have gone through Parliament (promised this Autumn) and it would be good to quote in your fresh WS, some damning stuff from the Code about residential PCNs and anything from the Ministerial Foreword that slags off unfair conduct by these rogues, and
- by then, the Competition and Markets Authority might have published another update into their current 2026 investigations into some parking firms and into the industry's wider poor conduct.
You will want to point your judge to all of this before the hearing and bring your judge fully up to date to the Government and the CMA's concerns.
…And why not seize the moment now, to send the CMA all your evidence of the saga of what happened to you at the hands of UKCPM, Gladstones (had your new address all along, and made up an interest rate of 10.25% which isn't allowed)…
…and tell the CMA too, about the very poor court service and point out these parking charges are outrageously unfair (permitted resident at their own home car park) 2019 PCNs still plaguing you until 2027, and explain the financial effect: you lost a flat tenancy in 2024 and have suffered poor credit rating for THREE YEARS …!
I really encourage you to do that CMA report please. It could make them turn their attention to UKCPM or Gladstones next. The CMA can and does fine companies £hundreds of thousands for consumer protection breaches and unfair conduct.
And they are currently looking at the private parking industry. Right now!
Search the forum for posts by me with keywords:
parking@cma consumer protection complaint
Copy the style of the complaints you find.
This us needed for the greater good: real change and real sanctions come from the CMA who are a regulator with clout!
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At the hearing in 2027:
If the judge starts by saying "well this won't take long because {smiles} you are lucky, the C has now agreed to your application so I don't need to hear from you" ... BE READY FOR THAT!
IMMEDIATELY politely but VERY clearly say: "I'm sorry but no, Judge! I do not accept their draft Order.The claims x 2 were improperly served (in fact never served) despite Gladstones having the new address way back in 2021.
Pursuant to the binding CCJ set aside authority of VCS v Carr (a recent Court of Appeal CCJ parking judgment, which is on all fours with these two claims and CCJs) as I am the innocent party in a wrongful CCJ case, that authority provides for:
1. The CCJs x 2 must be set aside;
2. Claims both dismissed for want of service within the fixed 4 months limitation (per VCS v Carr the claim is expired and cannot be resurrected by a court), or alternatively dismissed pursuant to CEL v Chan and CPMS v Akande due to wholly defective POC, and
3 My costs must be awarded in full, £606 court fees paid, plus travel, plus a day's work or leave lost, for getting to this hearing today. The Claimant is incorrect to suggest costs in CCJ set aside cases are dependent upon 'unreasonable conduct'. Not true! The case was never allocated to the small claims (or any) track, so there are costs in the case and I must prevail.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 THREAD6 -
If it helps, here is Chan & Akande: -
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@Le_Kirk @Coupon-mad - Thank you for all your help as always. Will do my research and start drafting. Want to make sure I am truly prepared and to leave no stone un-turned.
Incidentally with regards to costs, as originaly mentioned I discovered these 2 x ccj during a reference check done by letting agents on a property we were looking to rent. As a result the landlord pulled out of the agreement and the agents retained £180 from our holding deposit towards the failed referencing. Would this be something which I can add as a consequential loss and include within my expenses (have got emails to prove this) ?
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100% yes - evidence that in your supplementary WS and add it to your costs assessment page.
And specifically talk about that at the hearing, so the judge doesn't miss the direct financial adverse causes of the Claimant's (and Gladstones) conduct, which was 'wholly unreasonable'.
I would spell that out verbally, even though you don't actually have to reach for that high bar as the case wasn't ever on the small claims track so costs are 'live' in the case anyway. Be heard!
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 THREAD1 -
Thanks - I fully intend to. Myself, I work in the insurance & finance sector which requires an annual fit & proper test to be conducted. Luckily my current employers are sympatetic with my situation and I didn't lose my job, however whilst these are still on my record, no other company will touch me with a barge pole.
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