CCJ from Gladstones passed to DCBL

Hi,

I was hoping someone would be able to help me with some advice as to whether I'm likely to succeed with getting a judgement set aside.

I have been monitoring these forums for a while now, using them to help communicate with Gladstones Solicitors about a PCN received last March (2017). I have been through the whole process and after receiving court papers, I acknowledged the claim and then set about constructing my defence. Unfortunately I was stupid and left it too late to post, so attempted to send it via email to the court. Unfortunately the size of the attachment was too big for the court's email server and it didn't reach them. I received no auto-response (which I didn't realise I should have).

Anyway, I appealed to the court administration by email and a manager agreed to pass my file to a judge without application. This was to determine if they would go ahead and accept my defence. The judge ruled that because it was over the file limit, that it would not be accepted and the default in judgement would stand.

The default judgement was submitted on 22 December 2017. I received correspondence from the court on February 6 2018 that the judgement would stand. I have since begun proceedings to fill in an n244 form to have the judgement set aside.

Despite writing to Gladstones twice to tell them of my change of address, as well as letting the court know, all correspondence has continued to go to my previous address. The current owners have been forwarding it to me so I keep receiving stuff a little while after it gets sent. The most recent letter was from Direct Collections Bailiffs Limited titled 'Notice of Debt Recovery' stating that an extra £75 +VAT had been added to me total. It also says that failure to address within 14 days will result in my case being reviewed for legal recovery and such costs being added to the debt for recovery.

A little background to the case. Whoever was driving parked in a space at a retail park in Gloucester in what I can only assume was an unmarked bay (people park there all the time). The person driving pulled in after another car had left the same space. The parking company (Parking Control Management UK Ltd) have pictures as evidence over a space of 4 seconds (surely not long enough to satisfy the definition of being 'parked', let alone chance for someone to get out of the car and read their signs. Since the proceedings began, a large banner has now been erected in front of the spaces saying 'do not park here'. I have contacted Gladstones twice, based on advice on these forums detailing that they had not met the practice directions and pre-action protocols. I also advised them of my change of address but the keep corresponding to my old address.

I just wondered if anyone had any advice as to whether or not I'm likely to succeed with having the judgement set aside? I'm happy to post the defence I put together if anyone would like to see it. If I would have a good chance of having it set aside, it would also be handy if I could have some guidance on what to include with the application.

Thanks.