CCJ From Old Address Related to Parking Fine - Seeking advice on set-aside strategy

eyecorn1

https://forums.moneysavingexpert.com/discussion/comment/81959218#Comment_81959218

Thanks @Coupon-mad I now see the error in that paragraph, but I will be prepared if the judge points it out. I did think Mazur would not apply as it was overturned on appeal hence why I did not include it in any of my references. Thanks for highlighting that.

I am now in the process of preparing my possible defence and will post it later tonight.

eyecorn1

Good News Comrades!!!!

Judge agreed the set aside the default CCJ (based on CPR 13.3), struck out the claim (for POC lacking concise information about the offence) and awarded costs to me (application fee, loss of leave, and travel costs).

This is much more than I had prepared for as it seemed to me I might get the set-aside but be asked to submit a defence to the claim, as has happened to others recently. The judge was initially going down that route when I brought up my argument for set-aside based on CPR 13.2, but she disagreed with me and agreed that service to my 'DVLA address@ was reasonable since Gladstones commissioned a soft trace. I argued that they got my email from the soft trace and could have used it to serve me but she held her ground on that point. (there's a lot more detail but that's the summary of that argument)

However she then asked asked me to explain what happened on the day and I told her there were no entrance signs (as per IPC CoP 3.1) and the only 'parking signs' available anywhere near the where I parked (some marked bays adjacent to the building where I parked) was more than 15m away. Meaning that no contract was entered between me and the parking operator. She accepted that as reasonable grounds for a defence under CPR 13.3 and used that as a basis to set-aside the judgment.

She then went on to address my application to strike out the claim. On this point she agreed that the POC was very sparse and could not readily be responded to as there was no detail as to which parking terms were violated (at this point I knew I had struck gold!!!!). She also agreed that 4 months had passed since the claim was first sent and that she had the powers to allow Gladstones to amend the particulars of the claim, but as they had not sent any representation nor made an application to the court for the POC to be amended, she was not about to waste the court's time to grant them this opportunity.

She seemed really displeased about Gladstones not making an appearance, knowing that cases of this nature usually have a litigant-in-person as the Defendant. i think this played very well in my favour as she hammered on this point in considering a lot of the points raised in both arguments.

On costs she agreed to award all that I requested except the 10 hours of time I wanted to claim for preparation of my defence. This was fair enough to me as I never really even expected to get all 3 of my draft order points to be agreed on. She said I will get the order in the post and that she would give Gladstones 2 weeks to make payment.

I left there feeling like a huge weight had been lifted off my chest and that's thanks to you all for helping me with preparing for this hearing. I owe my renewed peace of mind to you all @Coupon-mad @Car1980 @ChirpyChicken @Gr1pr

Coupon-mad

Brilliant! The perfect N244 outcome.

ANOTHER ONE BITES THE DUST!

eyecorn1

Honestly @Coupon-mad you're an angel in my books. I started out this whole process knowing exactly zilch about any of these legal proceedings. My confidence only grew after reading several threads and reading how you walked numerous people through their own defence and set-asides over YEARS!!.

Honestly I can't fathom how much of your time and effort you've put into this, but it's certainly superhuman behaviour. Thank you so much.

I'm thinking I'll give it till Friday - 2 working days - before I chase up the court/registry trust for the judgment and credit report correction? I'm this eager because my remortgage is due next month.

Also, she said she'll give Gladstones 14 days to pay my costs, so am I right in thinking I should wait for them to contact me after they get a copy of the judgment to provide my details for payment? Or would it be wise to proactively contact Gladstones (I don't have a copy of the judgment yet so probably not worth it?)

Coupon-mad

I'd email Gladstones and give them your bank details and confirm the amount for them to pay you.

😊

eyecorn1

https://forums.moneysavingexpert.com/discussion/comment/81965309#Comment_81965309

Thanks I'll reach out to them