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another court claim from DCB L/euro car parks

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  • Gr1pr
    Gr1pr Posts: 8,825 Forumite
    1,000 Posts First Anniversary Photogenic Name Dropper
    edited 13 January at 10:21PM
    When you read it again, study the two words in bold font, top left, the others have different names 

    Use the claim reference number, top right 
  • Castle
    Castle Posts: 4,857 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Gr1pr said:
    When you read it again, study the two worlds in bold font, top left, the others have different names 

    Use the claim reference number, top right 
    Or even the two words :)
  • UPDATE. This morning I received a bundle of letters, it seems my postman holds on to my letters until there are enough to bother delivering. Three of these were from the county court. I opened these in no particular order first on said

    Was an acknowledgement of receipt of defence informing me the defence would be sent to the claimant and they have 28 days to contact the court re progressing the claim and I would be informed on what will then happen. This letter I had expected and appears to be part of the process, 

    The next letter I opened informed me of a judgment for the claimant, this I wasn’t expecting!

    The letter said 

    ‘to the defendant, you have not replied to the claim form and therefore ordered to that you must pay the claimant £238.84 for the debt (and interest to date of judgement) and £110 for costs. Now this had me confused it seems that they now have judgement and can order enforcement, I’m asking myself what as happened here ? I seemed to have lost before it’s even started!

    Then I open the third letter which is as follows…

    On 09 Dec 2024

    District judge Etherington sitting at the civil business centre considered the file and made directions, Upon the defendant having filed a response but the court office not processing it and upon the court entering judgment on Dec 06 2024.

    It is ordered

    The judgment is set aside because the defendant had filed a response prior to the court entering judgment. Because the order was made without a hearing, the parties have the right to apply to have the order set aside, varied or stayed. A party making such an application must send or deliver the application to the court (with fee) to arrive within 7 days of service of this order.

    Reasons

    The judgment was entered at a time when the defendant had filed a response, the judgement is therefore irregular and must be ser aside.

    It is ordered that

    The judgment against Mr #### ######## dated Dec 06 2024 be and is hereby set aside.

    So it appears some one as jumped the gun somewhat and ordered a judgment against me even though I had filed a response, although given the judgment as being set aside the error was obviously noticed acted upon.

    So does this have any bearing on the claim going forward? Does the claim just carry on as expected or will it change the way it progresses?

    .

     

     

     

     


  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Superduke said:

    So does this have any bearing on the claim going forward?

    No.
         
    Superduke said:

    Does the claim just carry on as expected...

    Yes.

    Superduke said:

    ...or will it change the way it progresses?

    No.
  • Car1980
    Car1980 Posts: 1,562 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    But get complaining to Northampton. Look for another thread on it because you are not the first. It's getting ridiculous.

    You're damn lucky the judge was on the ball. 
  • Car1980 said:
    But get complaining to Northampton. Look for another thread on it because you are not the first. It's getting ridiculous.

    You're damn lucky the judge was on the ball. 

    what would be gained by complaining? and yes it seems the judge as done me a favour
  • Coupon-mad
    Coupon-mad Posts: 152,788 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Not sure you'd achieve much but compensation up to £150 or even £250 was being paid or this same error last year. For the distress caused.
    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 THREAD
  • Superduke
    Superduke Posts: 35 Forumite
    10 Posts
    UPDATE....
    recieved another letter yesterday, this time from DCBL, it contains a directions questionaire. But it seems to be already completed? Completed on behalf of the claimant Euro Car Parks. Now I was expecting one of these but expected to have to fill it in on behalf of myself (defendant). So I not sure what to do with this, the covering letter states 'the claimant intends to proceed with the claim '(again expected) . 'That the court will direct both parties to file a directions questionaire, and with this in mind a copy is enclosed'. So does this mean this is just them sending me a copy of their completed questionaire and mine will be along from the court in due course. If so am I required to forward a copy to DCBL as they have done? Or do I just send itr to the court?
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Superduke said:
    UPDATE....
    recieved another letter yesterday, this time from DCBL, it contains a directions questionaire. But it seems to be already completed? Completed on behalf of the claimant Euro Car Parks.

    You were expecting that weren't you?

    Item 7 on that checklist you were following when you filed a Defence says...

    Items 8, 9 and 10 on that list might be worth another read too.
  • Superduke
    Superduke Posts: 35 Forumite
    10 Posts
    KeithP said:
    Superduke said:
    UPDATE....
    recieved another letter yesterday, this time from DCBL, it contains a directions questionaire. But it seems to be already completed? Completed on behalf of the claimant Euro Car Parks.

    You were expecting that weren't you?

    Item 7 on that checklist you were following when you filed a Defence says...

    Items 8, 9 and 10 on that list might be worth another read too.
    Many thanks I'll give it another read 👍
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