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Gladstones / Euro Car Parks / CCJ / Wrong Address

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12467…13

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  • KeithP
    KeithP Posts: 37,638 Forumite
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    I am XXXXXX and I am the Defendant in this matter and this is my [STRIKE]supporting[/STRIKE] Statement in support of my application dated 19/10/17:
    ....................
  • theblackfox
    theblackfox Posts: 63 Forumite
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    Thanks Keith.

    Any further feedback from anyone?
    Anything not making sense in there regarding my case?

    Let me know any final thoughts before I sign this off for a final draft.

    Cheers
  • theblackfox
    theblackfox Posts: 63 Forumite
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    Hey guys,

    3 weeks till my hearing. Draft is pretty much ready (Any feedback still welcome!)

    Do I email, post this or just take it along with me to my hearing for reference/show the judge.
  • KeithP
    KeithP Posts: 37,638 Forumite
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    edited 31 January 2018 at 4:10PM
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    theblackfox wrote: »
    Do I email, post this or just take it along with me to my hearing for reference/show the judge.
    Surely the court has told you when you must submit your defence?

    You cannot simply turn up with it on the day.

    You need to re-read post #2 of the NEWBIES FAQ sticky thread where you will find guidance on exactly how to submit your defence.
  • theblackfox
    theblackfox Posts: 63 Forumite
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    All I have had through is the 'Notice of Hearing of Application' letter which says:

    The hearing of the defendant's application for set aside judgment will take place at XX:XX on XX XXXXX 2018 at the County Court at XXXXX.

    That's it.
  • Coupon-mad
    Coupon-mad Posts: 131,669 Forumite
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    edited 1 February 2018 at 2:12AM
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    It's a set aside hearing isn't it, so it makes sense that you have not had to exchange a WS. You might find he Judge isn't too bothered about going into the defence and will want you to show proof that you'd moved, when you updated your keeper data, and that you didn't get the claim form because the PPC didn't bother with any due diligence to find you.

    Make it clear that you would have defended, had you known about this claim.

    So you ask that the Court orders your costs & fees to be paid by the claimant, if they discontinue after the set aside. Make it clear that you were there to be found with a simple trace, and were not in hiding. Did they have your email address all along, if you appealed online? Of so, then say so.

    The Judge needs to know that you didn't get the court papers and acted immediately you found out, and that you have reasonable chances of success in defending the claim. So tell the Judge that even once the CCJ is set aside you fear being left with huge fees due to this CCJ from a rogue parking firm.
    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
  • theblackfox
    theblackfox Posts: 63 Forumite
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    Yea it's a set aside. And it's Euro Car Parks not CEL.

    In my original post I mentioned I cannot confirm or deny if the registered keeper details were correct as the car has been sold before I even knew about this CCJ and stupidly have no records kept for that vehicle. Not sure what else I can take to prove I had moved address.

    But, I thought based on other feedback on this post that it has a chance of being set aside based on other things etc?
  • Coupon-mad
    Coupon-mad Posts: 131,669 Forumite
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    I am 99% sure your defence said CEL in the claimant title, earlier?! Maybe it's me... all cases are a blur!
    I thought based on other feedback on this post that it has a chance of being set aside based on other things etc?
    We've only ever seen one set aside declined and that's being appealed by sassi, who also won another defended case v Gladstones and that poster was granted £1500 in costs!

    So yes you do have a very very good chance of set aside, not sure what 'other things' you mean but your main job is to prove you didn't get the claim form, and why, and that you acted quickly when you saw the CCJ, and can defend this.
    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
  • theblackfox
    theblackfox Posts: 63 Forumite
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    Haha no worries!

    Yea I'm going to tackle it the same way as the noobie example of Saggi's case.

    Would you advise going ahead with submitting my draft defence to the court just for extra backup of information or just take a copy with my for my own reference when defending any points in the room?
  • Coupon-mad
    Coupon-mad Posts: 131,669 Forumite
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    You are OK to just take it with you, for a set aside hearing.
    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
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