PLEASE HELP PCN County Claim form

Coupon-mad

Yes, a set aside does what it says on the tin, sets aside the order which would otherwise be recorded as a CCJ - stops it in its tracks, rewinds you back to where you were. You go to a hearing and explain why it should be set aside.

Two reasons spring to mind (this is not your entire defence BTW!): one is you were abroad/could not acknowledge but would fully have wanted to defend it had you been in the country (take proof to the set aside hearing, flight booking or something). And secondly, you have very good prospects of success because VCS don't use the POFA 2012 so there can be no 'keeper liability' and there's no evidence of the PCNs or 'Notices to Keeper' nor the terms of any contract on signage nor their 'standing' to claim (= they don't own the land) let alone who was driving x 8 times last year...

Then if the set aside is allowed - which seems likely IMHO but you would also need to be ready to counter any suggestion that the Beavis case applies and trumps everything, because it doesn't - it is back to the start of proceedings and you must follow what the court says in terms of exchanging information and by when.

If the PPC then decide to proceed there would be mediation made available where you could make an offer if you want, with NO admissions. You could even send VCS a 'without prejudice, save as to costs' offer letter immediately the case is set aside, to resolve the matter, and see what they say. Even if you were keen to offer £400 or so, (fifty quid per PCN or something, which is a HIGH offer and not something I would recommend but...it's up to you) then even if VCS pushed that up a bit but you agreed a figure, you'd have saved yourself some of the amount you are thinking of paying now to make it go away.

Or (after setting it aside) resolve NOT to settle and just carry on with a decent defence that we could help you with, if you are the sort of person confident to face a Judge with your evidence and mount a clear defence on the above sort of points.

ManxRed

Paying the CCJ doesn't remove it. The CCJ remains on your record but is marked as satisfied.

Having the CCJ set aside DOES remove it.

If the PPC subsequently brings another claim against you, you can defend and possibly win. Even if you lose, you can pay the judgement within 28 days and the CCJ stays off the record.

Quentin

ManxRed wrote: »

Paying the CCJ doesn't remove it. The CCJ remains on your record but is marked as satisfied......

.

Well......It depends when you pay a CCJ off in full.


If you do so within 30 days of the CCJ being issued then it gets completely removed from the register and cannot be seen.


(If you delay paying in full till after the 30 days, then it does go on the register for 6 years, and then can get marked as a "satisfied" CCJ when it has been paid in full)

lorenjane

Right, I think I am more clear on things now...

So if I get the case set aside, the CCJ is removed until the next steps are decided.

If the case is started back up, I fight the case and then loose, I would still have 30 days to pay the CCJ and keep it off my record.

What costs would I have to pay though if I did loose - just the cost of the fine or for the claimants courts fees etc?


Will there still be time to set this aside given the 30 days to pay is up on 10th March? What if I haven't heard back by then, will I get a CCJ?

Quentin

As far as the set aside is concerned if it is successful then even if your ccj has gone on the register it will be removed. (It's unlikely you'll get a set aside hearing before March 10th)


If you lose then you pay the claimants court fees and allowable expenses for attending the hearing and possibly legal costs

lorenjane

Ok so if it comes to 10th March and heard no news then still don't pay then if it is successfully set aside then the ccj is removed! But what about if the set aside is declined?

Quentin

If you fail then the CCJ obviously remains!


But if you google set aside you will see you have all the qualifications for one to succeed


(Assuming all this is correct:


You are applying quickly after discovering the CCJ/You knew nothing about it as you were away when the claim form arrived and only discovered the CCJ on your return/You don't owe the money and have a defence - which you can outline at the set aside hearing)

lorenjane

So if it is declined would there still be an option to pay within 30 days and the ccj would be removed or wud it just stay there? Have been back off hol just over 2 weeks but only discovered the letter last week and been deciding what to do

Coupon-mad

You have grounds to set it aside for two reasons (being away and having grounds to appeal) as already explained. Never seen one not agreed...especially with you being abroad if you can prove it.

And you are the keeper and you can't be liable as keeper with their documents. They'd have to show evidence that you were the driver on each occasion as well, which they can't. Please DO NOT SAY here, who was or wasn't driving.

Quentin

lorenjane wrote: »

So if it is declined would there still be an option to pay within 30 days and the ccj would be removed or wud it just stay there? Have been back off hol just over 2 weeks but only discovered the letter last week and been deciding what to do

No. If you fail to get it set aside it would mean the CCJ will remain on the register for 6 years. But would be marked 'satisfied' once you paid it off in full.

If you researched set aside you would see that you have all that is necessary to succeed! (Assuming everything you say on here about the circs of the CCJ are correct)