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UK Car Park Management ignoring invoice rejection

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  • c1223
    c1223 Posts: 52 Forumite
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    IamEmanresu wrote: »
    Courts are commercial operations so a judge would have to be certain about the court's error before he gets them to waive/refund the £255. But you have a CCJ and you might just have to pay it or for a set-aside unless you want to take a chance on their replying in under a month.

    I don't think I can guarantee that. I've been quoted 8 to 12 weeks which puts me way outside of 1 month for paying the CCJ. I do hope that I can guarantee a refund of the £255 given they received my defence 4 days before the deadline.
    Johnersh wrote: »
    When the defence was filed at court was it also served on the claimant?

    That may explain why they filed a request for judgment as they'd have received nothing.

    This should be cleared up without the need for a hearing. As such if an application fee is payable it's £100. Still odd that judgment given in default though, given the receipt for the defence.

    The letter from the CCBC says i have "not replied to the claim form" and must therefore "pay the claimant". I have an auto-response from them confirming receipt of the email with my defence, but no further communication after that. I didn't think to chase up due to receiving said confirmation.
  • [Deleted User]
    [Deleted User] Posts: 0 Newbie
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    The letter from the CCBC says i have "not replied to the claim form" and must therefore "pay the claimant". I have an auto-response from them confirming receipt of the email with my defence,

    This isn't quite what I asked.

    Did you send a defence to BOTH the Court AND the claimant or their solicitors? You are required to.

    It seems unlikely that the claimant would have been able to seek default judgment if they were aware a defence was filed.

    I'd apply to set aside, but that's me. I don't think anyone here can tell you you'd defiy get the cash back (although I'd hope you would given the receipt for the defence that you'll rely on).
  • c1223
    c1223 Posts: 52 Forumite
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    Right - my misunderstanding. I didn't send the defence to the claimant/solicitors. All I did was email it to the CCBC. I didn't realise I had to do otherwise. So, does that mean I've completely ballsed this up and should just pay up now?
  • System
    System Posts: 178,093 Community Admin
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    Two choices - pay or set aside.

    The sending of the defence to the other side is not normal at this stage so you wouldn't have been advised to do it. For example, Gladstones only sent their claim to MCOL and not an additional copy to you. All that Johnersh was saying was that an additional stage of sending a defence would have avoided the issue IF MCOL were going to mess it up - as they have done.

    So there is a chance you will get fee remission if you pay for a set-aside but there is no guarantee. What you have to be aware of (again) is the clock is ticking and you have to do something.

    Don't leave it too late.
  • c1223
    c1223 Posts: 52 Forumite
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    OK I'm going to file an N244 form asap. What is the processing time for this? Presumably the CCJ gets set-aside once they receive the form and then decided on once the form is read and processed by the DJ?
  • c1223
    c1223 Posts: 52 Forumite
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    Sorry to post again, I'm just looking for clarification of the set-aside process.

    If I submit the N244 form, presumably there is some sort of processing time. So what happens in the mean time? The CCJ remains on my credit report? How about enforcement/bailiffs? Will the court tell Gladstones that there is a set-aside hearing and not to enforce the CCJ? Having done a lot of reading around, I cannot see a reason why my CCJ would not be set-aside.

    Also, hypothetically, if the judge doesn't set-aside the CCJ, this will presumably be after the 28 days are up. Does that mean that the CCJ will remain on my credit report (showing as satisfied) for 6 years? Or does the 28 days "reset" after the hearing for the set-aside?
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
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    You ask for enforcement to be ceased in the meantime. THe best way is obviousoly to tell their solicitors that you have filed a N244 because the CCBC did not file your defence correctly.

    If you fail to get the CCJ set aside, nothing about the Judgement is changed. So it will remain on your file.
  • c1223
    c1223 Posts: 52 Forumite
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    Great. So this isn't risk free for me, even though it isn't my mistake. What a messed up system!
  • KeithP
    KeithP Posts: 37,638 Forumite
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    Is there anything in this post that might help you?...
    forums.moneysavingexpert.com/showpost.php?p=74474585&postcount=9

    Particularly the sample Draft Order.
  • c1223
    c1223 Posts: 52 Forumite
    edited 3 August 2018 at 3:56PM
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    Just reading here: https://www.justice.gov.uk/courts/email-guidance#canfile
    If you are filing a document by email that contains a statement of truth you are reminded that you should retain the document containing the original signature. The version of the document which is filed by email must satisfy one of the following requirements:

    (a) the name of the person who has signed the statement of truth is typed underneath the statement:

    (b) the person who has signed the statement of truth has applied a facsimile of his signature to the statement in the document by mechanical means

    I "signed" my defence statement with an electronic copy of my signature. It is an exact copy of my real signature that I did with a digital pen. Beneath the signature is my full name typed out. Presumably that's OK as it conforms to requirement (a)?

    Also, I think this should be added to the relevant sticky, if people are emailing their defences:
    https://www.justice.gov.uk/courts/email-guidance#canfile wrote:
    When you email the court in relation to existing proceedings the subject line of your mail must contain (in the following order): -

    (a) the case number, if one exists;

    (b) the parties' names (abbreviated if necessary);

    (c) if applicable, the date and time of any hearing to which the e-mail relates; and
    Your message should also contain the name, telephone number and email address of the sender. If you email us we will normally send any reply to you by email. However if you wish HMCTS to serve you by email you must explicitly request this.

    ...

    The court will check your email and either respond to your enquiry or, where further action is required, will confirm in due course.

    The date of filing will normally be the date of receipt unless the time of receipt is recorded as after 16.00 in which case the date of filing will be the next day the court office is open.

    If your email does not comply with the requirements of the Practice Direction your documents will be treated as having not been filed and in due course you will be sent a reply stating that it has been rejected and the reasons why.
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