Excel PCN NTK - Now a Default CCJ

abedegno

nosferatu1001 said:

Esepcially when paying now doesnt remove your ability to file a CPR13.2 set aside. 

If I understand correctly - I could pay the CCJ as it stands, but still apply for a set-aside - is there a time limit on this?
I know it's sh*t, and I'm sure these appalling parking companies are doubling their efforts during the pandemic as they know people are negatively affected by it.

DoaM

Set aside applications are expected to be filed as soon as reasonably possible after discovery of the CCJ, and generally within 30 days of such.

nosferatu1001

CPR13.2 sets no time limit. You can read this yourself
CPR13.3 requires you to be promtp. Prompt usually means within 21 days. 

abedegno

nosferatu1001 said:

Wait!
While you shoud be telling them, if your last comm was 3 years ago, they should have found out your address - they had no reason to believe that, after 3 years of no contact with you, that the address was likely to still be correct. 
Have you read other threads on set asides yet? YOu coudl offer a consent on the basis that £100 is cheaper for THEM than £255 when you get your set aside costs 

I've psyched myself up to fight this - I've written to them in the first instance as you suggested above and proposed a consented set-aside suggesting as you did above, that it will cost them less in money and time than the £255.00 they are likely to otherwise incur.

Coupon-mad

Be aware they will propose you sign a consent order that makes you pay the PCN and throw away your right to seek this back.  So, don't sign that consent order an if need be, file a £255 set aside application next week.

nosferatu1001

Did you give them a deadline?
you must act promptly under cpr13.3, all set asides plead this as well as cpr13.2, so you need to file your set aside within 3 weeks of finding out about the ccj. You CANNOT WAIT ON THEM 

abedegno

I have given them 7 days - I will use this week to prepare documents and file next Friday 14.

abedegno

Called the CCBC again today to try to get a copy of the:

• the claim form;
• the Particulars of Claim (if detailed particulars have been submitted separately); and
• the Order granting Default Judgment.

I have been emailed a copy of the default judgement order, and the particulars of the claim but the CCBC advisor says she doesn't have access to the original claim form - is this right as this runs contrary to the Legal Beagles thread here:
https://legalbeagles.info/library/how-to-set-aside-a-county-court-judgment-ccj/#procedure

nosferatu1001

What do you need from that form? The only thing I could guess would be their address for serving documents, which you can get in other ways. 
Go with what you have. 

abedegno

nosferatu1001 said:

What do you need from that form? The only thing I could guess would be their address for serving documents, which you can get in other ways. 
Go with what you have. 

I was hoping for some detail behind of the £160 (+£25 court fee) - I'm guessing it's the £100 (PCN) + a spurious £60 contractual costs that these guys like to add.