Free Traffic Legal Advice

Hi @b789,

Did the judge read the skeleton argument?

No, because when I asked her, she said she was going to grant the set aside, so she does not need the skeleton argument.

Was the other side represented at all?

No, they were not.

What exactly happened? What about your costs for the application?

The judge was rushing. My hearing was pushed back because the judge had a team's hearing, and she overran the previous hearing.

She said:

She conceded the set aside, but I need to present a defence in 28 days. She ordered the claimant to pay me the fee, and she suggested me to look for legal advice.

She ordered the claimant to pay me the £303

What exactly did the judge say about the claimant needing to send amended PoC?

Nothing, it is just me asking you.

I am still confused if the claimant can send a new POC.

I wasn’t expecting all this, @b789.
This is absolutely perfect
Thank you so much for your support!
I’ll keep you posted.

Hi @b789 and all.

Hope you're doing well.

My hearing is in person on Monday, 28/04/2025. I have received a hard copy of my application from the court and an email from the claimant's solicitors with their witness statement attached.

1. Should I print extra copies of my application and the claimant's witness statement to bring with me on Monday?

The hearing is scheduled for 15 minutes, and the claimant will not be attending. When I present my case,

2. do I need to speak and show the exhibits at the same time?

Many thanks!!!

Since the N244 application has already been submitted, there’s no need to take further action on the name correction at this stage. The court will review the application as it stands, and you can bring up the name error if the issue arises in court or if you have the opportunity to submit further statements. For now, it’s best to wait for court directions or any instructions for the hearing.

Many thanks!

Is the difference in name very obvious or is it simply something like "Rams Bottom" instead of "Ramsbottom"?

You keep popping these little nuggets into the thread which is making it difficult to assist effectively.

For now, I suggest you write to Gladstones and inform them of the issue with your name. make sure that you put your correct name on anything to do with the claim.

Hi @b789

I contacted the solicitors with the following message, and they responded as shown below. Am I in trouble? They mentioned amending the claim form, not my name.
I have already submitted my application to set aside the judgment on 8/11/24 and have paid the required fee. Many thanks!

****************************************************
Subject: Error in defendant's name - Case XXXXX

Dear Mrs NAME,
 
I hope this message finds you well.
 
I wanted to bring to your attention a mistake in the defendant's name on the court documents related to the case XXXX.
 
I reviewed the copy of the court form you sent me by email on 24/10/2024. 
 
After consulting with the court, I have been advised that Gladstone Solicitors will need to request an amendment to correct this error.
 
Best regards,


***Reply***
They change the subject

Subject: xxxxxx / xxxxxx / Parking Control Management (UK) Limited -v- (My last name with mistake)
To: xxxx@gmail.com

Dear Mrs CORRECT NAME
 
We write further to your email dated the 12th November 2024.
 
Whilst noted, we are surprised the court staff have provided you with legal advice, as they are not legally trained to do so.
 
To be clear, there is no requirement for this firm to amend the claim firm, nor will we be doing so.
 
Further, as it is not our intention to expend any further time in dealing with this matter, we confirm any further emails from you will be placed on file for completeness, but will not be responded to further, save and except to accept service of any application you make to set the judgment aside.

 
Kind regards,
***************

@b789
Thanks for your reply!
Apologies for any confusion regarding in how to post.

I sent the application yesterday. In the N244 form, I included the claimant's name and indicated it should be served to them.

Do I need to send a copy of the N244 to the claimant, or does the court handle that?

Best regards

If your surname is misspelled on the N1SDT claim form, according to the Civil Procedure Rules, when completing the Acknowledgment of Service (AoS), you should have provided your full correct name. If the claim form contains an error in your name, you should have indicated this in the AoS. Specifically, Rule 10.5(1)(d) states:

"An acknowledgment of service must... set out the defendant’s name in full. Where the defendant’s name has been incorrectly set out in the claim form, it must be set out correctly in the acknowledgment of service."

So, you should have corrected the spelling of your surname when submitting the AoS. If you didn't, you must inform the court of the correct spelling as soon as possible. You can do this by sending a letter to the CNBC, referencing your claim number, and clearly stating the correct spelling of your name.

@b789 thanks.

I never received the AOS.

Regarding the N244 application, Do I need to send the documents separately or all together in one file?