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Ccj text from bailiff

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  • #16
    Originally posted by echat11 View Post

    I think you need to write back, maybe attach the Order from the Family Court, tell them you were put in an 'impossible situation'.
    So in order to resolve this they need to agree to a Consent Order. Explain if they fail to co-operate, then if you have to apply to set a side the Judgement, you bring to the attention of the course the facts as they stand, that you were put in an 'impossible situation' and didn't receive the documents and they haven't co-operated.
    I have already paid the £275 court fee as I gave them ample time for both Gladstones and then Parking Control to respond. I added the email communication to the evidence for both of the above and asked the Judge for costs, as clearly I asked and received no response till now. I believe paying this would be admitting that I owe them the monies which I don't. Or at least have not received any correspondence other than the above with regards to this issue.

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    • #17
      Originally posted by Andre2000 View Post

      I have already paid the £275 court fee as I gave them ample time for both Gladstones and then Parking Control to respond. I added the email communication to the evidence for both of the above and asked the Judge for costs, as clearly I asked and received no response till now. I believe paying this would be admitting that I owe them the monies which I don't. Or at least have not received any correspondence other than the above with regards to this issue.
      O.K. so you've applied for a set a side (paying the full fee - £275) of the CCJ and costs against the other party. What has the Court said?

      Their email makes no sense.

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      • #18
        Originally posted by echat11 View Post

        O.K. so you've applied for a set a side (paying the full fee - £275) of the CCJ and costs against the other party. What has the Court said?

        Their email makes no sense.
        I am awaiting a hearing. I guess in around 8 weeks. Yes already emailed them back in late July with no response. Very strange they should respond In the last few days when gladstones stated in early August ( over the phone) I would need to contact the claimant directly.

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        • #19
          Update when you get more information.

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          • #20
            Originally posted by echat11 View Post
            Update when you get more information.
            At last I have received a court date in March.

            A few questions if I may.

            Given that I have given all my evidence that I left the property in June 2021 what would I be required bring in addition to the evidence already submitted?

            Will the original ticket which I presume was sent to me have a bearing in this hearing, or only the original claim form from Galdstones Solicitors which I never received due to the fact I had a pending occupation order ( granted eventually ) against me. I should say I was out of the country between December 2021- and April 2022 in my 2nd home. I had due to the difficulties with my marriage and no place of abode. Almost zero communication with me and my ex at that time, Not much better now.

            When the financial remedy with my divorce takes place I am certain in order to continue to live in London I will need a top up mortgage. Without this I will have to leave my area where I live and the fact i have 50/50 shared care for my child will be compromised. I understand this has nothing to do with the actual case but it's critical I win this case in my favour.



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            • #21
              Originally posted by Andre2000 View Post

              At last I have received a court date in March.

              A few questions if I may.

              Given that I have given all my evidence that I left the property in June 2021 what would I be required bring in addition to the evidence already submitted?

              Will the original ticket which I presume was sent to me have a bearing in this hearing, or only the original claim form from Galdstones Solicitors which I never received due to the fact I had a pending occupation order ( granted eventually ) against me. I should say I was out of the country between December 2021- and April 2022 in my 2nd home. I had due to the difficulties with my marriage and no place of abode. Almost zero communication with me and my ex at that time, Not much better now.

              When the financial remedy with my divorce takes place I am certain in order to continue to live in London I will need a top up mortgage. Without this I will have to leave my area where I live and the fact i have 50/50 shared care for my child will be compromised. I understand this has nothing to do with the actual case but it's critical I win this case in my favour.


              It's only for the claim made by Gladstones, which you didn't receive.

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              • #22
                Originally posted by echat11 View Post

                It's only for the claim made by Gladstones, which you didn't receive.
                Unfortunately my application to have the CCj set aside failed. The Judge was Interested only in the fact that Parking Eye had followed the procedure correctly and the ticket was issued correctly. She said Parking eye had produced enough evidence that i had parked illegally so the judgment stands. The fact I received no correspondence with regards to the ticket did not make any difference whatsoever even though I was not allowed at the address due to an occupation order.

                I guess I will have to pay the fine and face the consequences of a bad credit file.

                Comment


                • #23
                  That's 'ridiculous', Judge being totally clueless. Say for example, 99.9% of claims are set aside if you didn't receive documents, especially in your case. Regarding your credit file, you can put notes to give any potential lender an explanation.

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                  • #24
                    Where do you get that statistic? The rules say that you need also to show an arguable defence.
                    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

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                    • #25
                      Originally posted by atticus View Post
                      Where do you get that statistic? The rules say that you need also to show an arguable defence.
                      If you read it carefully, I say, 'Say for example ........'. I'm not saying it's 99.9%. He's told the Court that, the claim form was posted to an address, where he was 'prohibited' from going to, so was unaware of it. He clearly needs a defence for the claim itself.

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                      • #26
                        known as judge misdirecting themselves come to mind?
                        Last edited by MIKE770; 26th March 2023, 19:31:PM.

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                        • #27
                          I paid the original fine direct to the solicitors as directed by the Judge.

                          The Person I spoke to stated as it went to court and I have paid it within 1 month it would be removed from the register as opposed to marked as satisfied.

                          I was under the impression that once a month has passed ( Early last year) It could only be marked as satisfied once paid.

                          Can anyone clarify if this is correct information.

                          Thanks Again

                          Comment

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