2x CCJ's - Civil Enforcement Limited - Private Parking Violation

Coupon-mad

RedOrchid said:

You are correct Coupon, this hearing is for the latest claim ONLY so I’ll take your advice and push forward with that argument, thank you for your input. I’ll start creating a list of bullet points to take with me so I can refer back to them and expand as necessary. 

Quick question, if my case is denied, do I have the option to appeal and would that cost even more? 🥲

You know you do if you watched the VCS v Carr video from the Court of Appeal this week!

RedOrchid

I watched the video, wasn't sure on costs and it seems that Mr. Carr had already been successful at first stage but VCS wanted to appeal the judges decision (and they failed again

Coupon-mad

RedOrchid said:

I watched the video, wasn't sure on costs and it seems that Mr. Carr had already been successful at first stage but VCS wanted to appeal the judges decision (and they failed again

No that's not what happened in Carr and the appeal wasn't brought by VCS.

RedOrchid

I've now received a court date for the other two CCJ's (The two I originally raised this thread for, both claims lodged against a super old address) - The court date for these two is set for the 21st May. 

My question is, should I use this to plead with the judge that they should set the third claim aside and allow me to defend it as the other two claims are very much relevant for me to defend against the third case (I.e - The third claim should've never been brought against me when they had already raised two others for the same vehicle, location)?

Coupon-mad

Yes. Include that.

RedOrchid

Just had my hearing, judge was in favour of the claimant and solely focused on the claim form having been “correctly” served… judgment stands and awarded £100 in costs to them for attending (they asked for £156 originally).

The person representing DCBL also mentioned that i didn’t have a defence and my defense was an online template which didn’t even apply to my case… now I got to figure out what to do next.

Coupon-mad

RedOrchid said:

Just had my hearing, judge was in favour of the claimant and solely focused on the claim form having been “correctly” served… judgment stands and awarded £100 in costs to them for attending (they asked for £156 originally).

The person representing DCBL also mentioned that i didn’t have a defence and my defence was an online template which didn’t even apply to my case… now I got to figure out what to do next.

You're saying that the Judge refused to set aside the CCJ? This was a claim that was served to the right address, not an old one?

Take it to Contestor Legal to see if there are grounds to appeal.

RedOrchid

Correct, this was the claim that allegedly went to the right address but I never received it… it just frustrates me because I knew exactly what to do once the claim form arrived, it just did not happen. 

Thank you, I’ll take a look at that, Coupon! 

RedOrchid

I have just received a letter from the court which confirms the dismissal of my appeal to set aside the 3rd claim, however, it states that the claim form was sent to "XXXX address" and that address is WRONG! The court paper has my wrong address in it, I'm beyond the 21 days to appeal but I've contacted contestor legal which have just gotten back to me but I think I can file for a notice of appeal as this is damming new evidence, I was under the impression that the judge knew that it was sent to the correct address and it wasn't until I receive the letter today that it confirmed that they sent it to the wrong address...

LoneStarState

Separate to the appeal, a strongly worded, evidenced complaint to the court/court service should also be pursued.  This is unacceptable.  Multiple same fact claims, incorrect addresses depriving you of your rights and imposing unreasonable cost/time burdens on you. 

They will likely offer compensation to you but may be able to assist you in where this address error originates from.

If you search the forum, you should find the contact details for complaints and example complaint letters to guide you (check that contact details are from recent threads)