Mortgage declined - stealthy CCJ from Parking Eye in 2012

Quentin

HO87 wrote: »

As far as obtaining a set aside there is no requirement that you show that you were unaware of your being pursued and have a defence that has a reasonable chance of success.....

Yes there is.


Unless the OP can prove he gave the correct address to the creditor or court (which he says he cannot) or has any other good reason why he ignored the claim, then To get a CCJ set aside you need a reason why you didn't defend the original claim plus another good reason as to why the claim should be set aside which is usually that you have a defence that has reasonable prospects of winning, or that the original proceedings didn't comply with the law etc.


The OP looked to be under the impression he will get the CCJ off his credit record by going for a set aside simply by sending in the fee, and will then pay off the claim if it is resurrected by PE. It doesn't work like that!

HO87

CPR Part 13(3) says:

(1) In any other case, the court may set aside or vary a judgment entered under Part 12 if –
(a) the defendant has a real prospect of successfully defending the claim; or
(b) it appears to the court that there is some other good reason why –

(i) the judgment should be set aside or varied; or
(ii) the defendant should be allowed to defend the claim.

His OP also makes it clear that he was completely unaware of any alleged debt to PE and cannot therefore have notified them of his change of address.

ManxRed

He hasn't received any paperwork from PE ever. There's no requirement on him to have to have told PE he had moved, how was he to know??

He notified the DVLA in good time, but PE pursued him at the wrong address. He has not had any opportunity to submit a defence to the claim.

He has a fairly reasonable prospect of defending this on all the usual grounds, although Beavis may be a tricky obstacle to negotiate (although, let's face it, PE's charges are usually 'extravagant and unconscionable' when stacked up against equivalent local council PCNs), although if Beavis loses then he may need to be wary. But he has every chance of defending this, with assistance. I hope some of the experts on here can help with that.

If he wins (gets the set aside, and then wins the court claim), he gets the £155 back as I understand it.

Quentin

HO87 wrote: »

....His OP also makes it clear that he was completely unaware of any alleged debt to PE and cannot therefore have notified them of his change of address.

Correct.


Nevertheless just not getting the papers isn't enough to get a set aside.


Read #9 to see the OP wrongly thinking just paying his fee will result in a set aside.

billybudd

HO87 wrote: »

CPR Part 13(3) says:



His OP also makes it clear that he was completely unaware of any alleged debt to PE and cannot therefore have notified them of his change of address.

I hope this is correct! Hopefully the fact that I'm appealing it nearly 3 years on will show that I was completely unaware!

Probably worth spending the £155 even if it means the judge will reject it because I would rather have a go at defending myself than letting PE walk all over my credit rating.

Marktheshark

The courts dont really care, they are very money orientated these days.
If you have the set aside fee and a semi reasonable excuse they will order a new hearing.
At which you can state you were never offered any form of ADR so keep liability does not exist.

Quentin

billybudd wrote: »

Probably worth spending the £155 even if it means the judge will reject it because I would rather have a go at defending myself than letting PE walk all over my credit rating.

OK.


If you can succeed in getting the set aside, then you have options.


The set aside will mean you have a clean credit rating - the CCJ will be removed from the Register.


If PE then resurrect the case you can pay immediately (no CCJ) or defend it. If you win then no CCJ. If you lose then no CCJ if you pay them in full within a month.


So you see getting the set aside will be a good result for you!

HO87

billybudd wrote: »

I hope this is correct! Hopefully the fact that I'm appealing it nearly 3 years on will show that I was completely unaware!

Probably worth spending the £155 even if it means the judge will reject it because I would rather have a go at defending myself than letting PE walk all over my credit rating.

The CPR I referred to is the current version of the Civil Procedure Rules that lays out the framework within which the courts must work. Part 12 deals with the process whereby a claimant (such as PE) can obtain a default judgment as appears to have happened in your case. Part 13 deals with the requirements to obtain and the procedure to be followed in order to get such a judgment overturned or varied - a set aside.

I suspect that Quentin's insistence that you had to have both a good reason and a defence with a reasonable prospect of success was based on the usual advice offered by the likes of National Debtline and CAB where there is an assumption that you were aware of the debt in the first place.

hoohoo

The prankster has a web page on this
http://www.parking-prankster.com/ccj.html