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Judgment for Claimant (Default)

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  • AMTF
    AMTF Posts: 24
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    I will also add that my credit rating has currently been affected by this, and had dropped from high-900's to mid-500's. This, of course, doesn't help at all with the stress and has a massive effect on our plans. I will need to ensure that this is taken off my credit rating after the set-aside is done.

    Will this be done automatically or will I need to apply for it separately? Once again I have found so many contradicting posts that I can't seem to work it out.
  • Coupon-mad
    Coupon-mad Posts: 130,624
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    Be careful, a set aside cannot just be a credit cleansing exercise. So going on about how your credit rating has been affected is not in fact something to get caught up talking about.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • AMTF
    AMTF Posts: 24
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    Coupon-mad wrote: »
    Be careful, a set aside cannot just be a credit cleansing exercise. So going on about how your credit rating has been affected is not in fact something to get caught up talking about.

    Ok, thank you. I will not mention that. That'll be why there's so many differences on the posts I've read
  • AMTF
    AMTF Posts: 24
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    The court have accepted the set aside, Gladstones didn't even show up for the hearing. They now have 2 weeks to send all the evidence they have for the claim to me with a copy for the court, and I have 2 weeks from then to reply to them with a copy for the court.

    Do you have any advice for this part? Should I start getting my reply ready now? With them not even coming to court are they even likely to respond at this point?
  • System
    System Posts: 178,077
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    Should I start getting my reply ready now?

    Yes
    With them not even coming to court are they even likely to respond at this point?

    Yes and see the one above.
  • Quentin
    Quentin Posts: 40,405 Forumite
    Don't read anything into them not attending the set aside hearing!

    Treat this now as a brand new claim.
  • AMTF
    AMTF Posts: 24
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    I have just returned from a 2 week holiday (which the court was informed about) and expected a letter from the parking company to be on the doorstep. There was no letter from the parking company, and the letter I received from the court wanted a reply from the parking company by the 10th August, but I received an email today with the particulars of their claim, which was dated 14th August.

    It has no additional information regarding the claim, with the exception of a copy of the sign supposedly displayed in the area. I imagine it's a generic reply with several sections:

    1. Contract
    2. Registered Keeper
    3. Claim for Interest
    4. Claim for Costs
    5. And the Claimant Claims

    As they:
    1. Hadn't sent the claim in writing to myself and the court within the time set by the court
    2. Haven't actually given any additional evidence against me other than the fact that I was the registered keeper at the time,
    3. Haven't given any evidence to prove that the car I was registered keeper of was parked in that location at that time
    4. Haven't proven that the sign was present at the time of the alleged offense

    ...what would be the best method of defending this? Should I just resubmit my original defence minus the application for set-aside? Or would it be better to use the above points as they are the ones that become evident by their claim?

    Thank you again for your help
  • Coupon-mad
    Coupon-mad Posts: 130,624
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    They now have 2 weeks to send all the evidence they have for the claim to me with a copy for the court, and I have 2 weeks from then to reply to them with a copy for the court.
    OK so put together a defence based on your original one, that also exposes the holes revealed by their lack of evidence.

    Does the Order form the Court say your 'reply' must include your evidence as well as a WS, or just a 'defence', which is a different thing?

    Specifically what are you having to produce for the court and Gladstones now?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • AMTF
    AMTF Posts: 24
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    I have the letter, I got the date wrong. By the 27th July, the claimant was supposed to:
    "File in the court office full details of all facts and masters relied on in support of the claim", and "serve a copy to the defendant". The 10th August was for the defendant to "file in the court office full details of his defence" and "serve a copy on the claimant"

    My wife phoned the court in regards to this on the day, and sent an email to the court "as per our conversation" to inform them on the 27th July that we hadn't received and claim details so we can't send a reply, and also that would be away in August so couldn't respond to any correspondence. She is still away so I've only just been forwarded that particular email. I'm not sure if that changes anything
  • nosferatu1001
    nosferatu1001 Posts: 12,961
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    Have you called the court TODAY about this?

    Youre over the deadline by 5 days
    So far YOU are in breach of the court order.
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