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SIP Parking

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  • Quentin
    Quentin Posts: 40,405 Forumite
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    You don't get a hearing date till after submitting a defence and awaiting the Claimant confirming they wish to proceed to a hearing (after seeing the defence)


    Make sure you don't miss any deadlines imposed by the court for returning docs
  • Redx
    Redx Posts: 38,084 Forumite
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    you wont get a court date until you put in a defence statement

    the WS comes a lot further down the track

    read post #2 of the newbies sticky thread and then draft up a defence , possibly similar to other recent SIP and GLADSTONE defences, or at the very least similar to the stock CEL defence

    sorry to hear about your woes, but this court procedure follows strict timetables and protocols, so if you have acknowledged the court claim you had 28 days from the initial letter ( + 5 days) to put in a defence

    so you need to bone up on what is required and what happens when , which is why reading that [ost #2 and the BARGEPOLE threads is so important
  • Coupon-mad
    Coupon-mad Posts: 131,669 Forumite
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    queenadreena wrote: »
    Cheers CM - I forgot to thank you at the time, apologies!

    Well, unsurprisingly I was ignored by Gladstones and received a letter from Northamptonshire CC.

    I wrote and asked for a stay of proceedings due to pre-court protocol not being met by the defendant and have received a letter advising me that I can apply to have the claim struck from court (£255 I don't have), or submit a defence or counter-claim.

    I've no date other than what's on the letter received, and no court date as yet. I don't really know what to do now? Should I just get my defence together without knowing what Gladstones are going to rock up with? Or send a WS?

    This is really stressing me out. We've had 2 deaths in the immediate family since March and my nerves are s*dding shot now.

    What's the date on the claim form. Have you acknowledged the claim on MCOL?
    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
  • queenadreena
    queenadreena Posts: 30 Forumite
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    Hi, I acknowledged on MCOL and sent a letter on May 15th for a stay of proceedings. I honestly thought I'd hear back from the court re a different date or a court date, or hear from the solicitors. I didn't, obviously. I rang today and the hearing against me was yesterday and obviously as no defence had been submitted they've found in SIP's favour.

    They've advised that I can apply to get it set aside but is there actually any point? The amount on the CCJ is more than the original bill from SIP.

    It's totally my fault for not understanding properly but I'm so cross with myself.
  • queenadreena
    queenadreena Posts: 30 Forumite
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    I can categorically prove that the landowner does not have a contract with SIP. I've the landreg and I've written confirmation from the landowner stating that they have NO contracts with SIP. There's no mention of a lease to anyone on the landreg, whereas other sites within the freehold are stated as leased.
    My reason for not supplying the defence in time is a bit rubbish "I misunderstood that I wouldn't get a reply to my appliction for a stay of proceedings" :/
  • Quentin
    Quentin Posts: 40,405 Forumite
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    Applying for a set aside is not cheap! (£255). Get advised on your chances before paying out
  • Umkomaas
    Umkomaas Posts: 41,346 Forumite
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    Some reading on set asides etc.

    https://www.google.co.uk/search?q=CCJ+set+aside&cad=h

    http://www.aboutsmallclaims.co.uk/

    http://www.aboutsmallclaims.co.uk/county-court-judgement-against-you.html

    http://www.aboutsmallclaims.co.uk/set-aside-default-court-judgment.html
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • queenadreena
    queenadreena Posts: 30 Forumite
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    Thanks Quentin and Umkomaas. I've some heavy reading to do tonight.

    I'm such a muppet.
  • Coupon-mad
    Coupon-mad Posts: 131,669 Forumite
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    You missed your chance to defend. You do not ''write and ask for a stay'', you defend!

    There was no hearing. You lost by default and would have an uphill battle to explain why this should be set aside, as it was by your own inaction in not defending it. Eeek, might have to pay it now. Awful. You have been picked off by a predator.
    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
  • murphys65
    murphys65 Posts: 9 Forumite
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    Hiya!

    Did you manage to sort anything out with this?

    I'm in the same situation as I missed the deadline due to private parking appeals not getting back to me! It's so annoying
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