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CCJ - Gemini Parking, HELP!!
Trixie2
post Fri, 22 Sep 2017 - 15:09
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Hello all and thanks in advance for your help here.

I was recently turned down for a credit card, which really surprised me as I know I have a good credit rating. When I got home I looked at my credit file and to my horror someone had taken out a CCJ against me, at my old address.

After a lot of digging it turns out it's a PPC. The ticket was received in January 2016 by Gemini Parking. I remember the day - the machine would not accept the driver's coins and when the button for help was pressed no one answered. No choice but to leave the premises and a couple of weeks later a ticket arrived in the post to me as the registered keeper. I was so busy with an incredibly stressful house move that kept almost falling through at the last minute, that I thought I'd appeal later. I forgot.

We eventually completed and on March 1st 2016 we moved house. We had a redirection on our post for a few weeks - plus I updated my details with the DVLA.

Now fast forward to today and I find out indirectly that in January 2017 they went to court in Northampton and got a CCJ completely without my knowledge. The court said the mail was never sent back to them - not much I can do about that as I don't know the new owners.

They said I can either pay the debt and the CCJ will remain on file for 6 years, or I can pay £255 to apply to have it set aside. Problem with that is, the judge might not find in my favour and then I still have to pay £260 for the debt.

What on earth do I do?? Should they have attempted to double check my address when they went to court?

Any help will be greatly appreciated.

Thanks.

This post has been edited by Trixie2: Thu, 28 Sep 2017 - 12:44
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post Fri, 22 Sep 2017 - 15:09
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Trixie2
post Fri, 11 May 2018 - 15:33
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So how is this different in any way from the defence I submitted a couple of months ago? It's exactly the same.

The last letter from the court said I now have to serve and file my WS and all supporting evidence I wish to rely on, so I don't think there is a 'later'. They've got a deadline of mid June to pay the court costs - as of yesterday it was still unpaid. Then my deadline is 2 weeks later for the WS then the final hearing is in July.

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nosferatu1001
post Sun, 13 May 2018 - 18:14
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A defence is a series of legal arguments

A witness statement is a series of facts, plus evidence to back up those facts.

Night and day between them

"I am not liable because the charge was paid" is an argument
"Here is the proof that I paid the full fee of 1p, see reference initials/001" is a fact and evidence

The first is your defence
The second is what your witness statement MUST have

A skeleton argument is a THIRD document you CAN produce. You write it AFTER you get their bundle (witness statement) and you submit this to court and claimant about three days before the hearing. It summarises the flaws with their claim - evidence that proves you're right, especially their evidence, is great - and summarises your defence. Think of it as mostly an aide memoire

Hopefully this makes more sense now.
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Trixie2
post Wed, 16 May 2018 - 09:43
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Thank you it does. I think the confusion for me is I mistakenly put the evidence in my defence, so I feel like I'm just copying and pasting so much.

I'm recovering from an op currently so I'll have another bash this week.

Thanks.

This post has been edited by Trixie2: Wed, 16 May 2018 - 09:44
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nosferatu1001
post Wed, 16 May 2018 - 11:35
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Dont panic too much, just met the deadline smile.gif

If you dont, then theoretically the C could complain, however they should not be disadvantaged by it being late - after all, its their claim, they should already be confident in it smile.gif
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Trixie2
post Wed, 16 May 2018 - 15:05
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Thanks. My deadline is 28 June so I've got bags of time. They've got until the 14th June to pay the court fees. The letter says that if it's not paid by then then the claim will be struck out with immediate effect and they have to pay me costs. As of Friday just gone it remains unpaid. Fingers crossed! I'm very confident in my case - my defence and evidence might have scared them off - especially with there being no clause in the T&Cs covering non payment.
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nosferatu1001
post Thu, 17 May 2018 - 10:45
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I doubt it says they HAVe ot pay you costs, more they may be liable for costs - but not on small claims track.
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