Is there any hope now?

Otherman

Dear All,
My son has CCJ set aside hearing at end of July. Was feeling confident until he discovered, with no recollection, that he had sent email to appeal PCN 18 months ago with his old/ incorrect address for correspondence. (His appeal was on basis that they had sent it to his old address without  checking if it was correct.) Obviously this is devastating news and he has no recollection of doing this (obvs no defence). He was living with a friend at the time as it was nearer work and his previous address was the family home that he had lived in his entire life so put that address in email as complete force of habit.

I am guessing he now has no hope at hearing as he provided them with incorrect details?

However he has never received any emails from Private Parking Solutions London or Gladstones. Should they have had any responsibility to check he had received their paperwork as they had received no further reply from him?

He still feels he wants to go to court to plead his case that it was a genuine mistake and that PPS & Gladstones had an alternative form of contact for him that they should have used. If he does do this should he submit a new witness statement?

He is so upset and now cannot get a mortgage for the flat he was hoping to purchase.

Any advice would be very great fully received- Thankyou. 

Mark_d

The claimant only needs to demonstrate that they made several genuine attempts to contact your son.  They don't need to check that your son received the correspondence.
If the correspondence was sent to the family home, it's not unreasonable to assume that your son should have received the correspondence, despite temporarily staying with a friend for convenience.
Perhaps your son should take legal advice.  If he proceeds with going to court then he will need to pay extra costs when he loses.

ChirpyChicken

Dont get overly worried Private Parking Solutions London are genuinely useless
Your son does not legal advice.  Dont let the poster above put you off, even though this is not a tracked case your son does not need to worry bout daft cost orders.  The claimant will not be attending 

la531983

ChirpyChicken said:

Dont get overly worried Private Parking Solutions London are genuinely useless
Your son does not legal advice.  Dont let the poster above put you off, even though this is not a tracked case your son does not need to worry bout daft cost orders.  The claimant will not be attending 

The CCJ has already been issued....

ChirpyChicken

la531983 said:

ChirpyChicken said:

Dont get overly worried Private Parking Solutions London are genuinely useless
Your son does not legal advice.  Dont let the poster above put you off, even though this is not a tracked case your son does not need to worry bout daft cost orders.  The claimant will not be attending 

The CCJ has already been issued....

Indeed
Hence the set aside, i dont understand what point you are trying to make

fatbelly

The fact that he's discovered an old email does not mean that they have

That should only ever have been a small part of his defence anyway. He should read the newbies thread. Better late than never

Turn up to the hearing and talk to the judge.

Otherman

Thanks for comments

Gladstones have email that he sent to them with old address on, so they are aware that he made this mistake.No reply to SAR from PPS but Gladstones have emailed him everything they have last week.


Newbies thread thoroughly read

Any advice on how to proceed? ie; should he send additional WS to court to clarify rather than just turn up? Anyone out there that has an idea what judge may think?

ChirpyChicken

No one can guess how a judge might think
Please post up the original application for the set-aside 

Otherman

Sorry,having a nightmare trying to redact and upload documentation

Coupon-mad

Give us a chronology.

What was the gap in months between him appealing using address A, then moving to his current address (B), then them filing a court claim to address A?

@Mark_d is completely wrong: your son will get the CCJ set aside and HE should be able to get HIS COSTS back from the Claimants.

However, he needs to send a skeleton argument attaching a link to the video hearing & judgment in VCS v Carr, like @Truss_me did. Read that thread.

Otherman

@Coupon-mad - thankyou

He was issued PCN in November 2023. He emailed back to appeal shortly after but erroneously/ unfortunately put his address as our old family home that we had sold a year previously (he had never lived anywhere else prior to this, but at time was living with a friend and not in new home so did it without thinking). He had completely forgotten that he had done this - he’s had a difficult couple of years.

CCJ issued November 2024

Form N244 sent in March. No reply to SAR from PPS but Gladstones emailed all correspondence to him last week including the email from my son with incorrect address on. They had sent paperwork to our old address. Esentially he had told them wrong address to write to, however they never emailed him with anything until last week.

Hope that clarifies. I will read your suggested thread.