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CCJ set aside.. help with the next bit!
ljmurru
Posts: 1 Newbie
Hi all
I'm new to the forum but ive found multitudes of advice in the past on various things (mortgages, etc) so hoping you guys can help me with this!
So i found via my credit report alerts (experian) that i had a CCJ issued against me on 11th september for an unpaid parking fine. I promptly did my N244 form to have this set aside. I had my hearing at the court (just me, the claimant, gladstones, were not there). They had issued the CCJ to my old address wjich I left in March of this year. Leaving circa. 6 months from me leaving to the CCJ being issued...
I have since had my General Form of Judgement or Order issued, with the following;
IT IS ORDERED THAT
1. Judgement herein be set aside
2. The defendant shall file and serve a defence by 4:00pm 18th December 2018
3. Direction Questtionnaires be dispensed with.
So ive got some questions om this;
1. who would the defence be sent to? the court, solicitors, or both?
- I've not seen any evidence from the solicitors to how i am at fault, nor a particulars of claim, etc.
2. what things would be good to put in my defence to the court? I do not even have the original ticket for the parking session given it was back in 2017!! No ticket I believe was put on my windscreen (one of those things issued via ANPR.
3. By statenent 3 in the order, does this mean that all paperwork related to the case has been destroyed???
any help appreciated all!!
I'm new to the forum but ive found multitudes of advice in the past on various things (mortgages, etc) so hoping you guys can help me with this!
So i found via my credit report alerts (experian) that i had a CCJ issued against me on 11th september for an unpaid parking fine. I promptly did my N244 form to have this set aside. I had my hearing at the court (just me, the claimant, gladstones, were not there). They had issued the CCJ to my old address wjich I left in March of this year. Leaving circa. 6 months from me leaving to the CCJ being issued...
I have since had my General Form of Judgement or Order issued, with the following;
IT IS ORDERED THAT
1. Judgement herein be set aside
2. The defendant shall file and serve a defence by 4:00pm 18th December 2018
3. Direction Questtionnaires be dispensed with.
So ive got some questions om this;
1. who would the defence be sent to? the court, solicitors, or both?
- I've not seen any evidence from the solicitors to how i am at fault, nor a particulars of claim, etc.
2. what things would be good to put in my defence to the court? I do not even have the original ticket for the parking session given it was back in 2017!! No ticket I believe was put on my windscreen (one of those things issued via ANPR.
3. By statenent 3 in the order, does this mean that all paperwork related to the case has been destroyed???
any help appreciated all!!
0
Comments
-
Your questions:
1) The statement "The defendant shall file and serve a defence..." means that you must 'file' the Defence with the court and 'serve' a copy of that Defence on the Claimant.
2) perhaps you should read post #2 of [URL="https://forums.moneysavingexpert.com/discussion/4816822NEWBIES FAQ sticky thread[/URL] where you will find Defence examples and guidance on everything to do with a court appearance.
3) "Direction Questionnaires be dispensed with" just means that as the case is already with your local court there is no need for that step in the process.
Perhaps you should be sending a Subject Access Request to the parking company to fully understand their claim.
Who is the Claimant? Hint: it is not Gladstones.0
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