CCJ - need help!

crazysummers

Hi Guys,


I have been reading through the forum and need some help please.


I have found out a couple of months ago that I had a CCJ on my credit file from a parking charge I knew nothing about! The CCJ has gone past the 1month time line to sort out and I am wanting to apply for a Set Aside to have it removed from my credit file.


I knew nothing about the court claims as they were sent to my old address where I have not lived for 3 years now! Although I had not updated my V5 document I did update my driving license, thinking all my details held by the DVLA would be updated. I now know I was wrong in thinking this.


My next step is to apply for the Set Aside and prepare a defence however I am new to all of this and it is quite daunting when I am not legally clued up.


The company who originally gave me the ticket was CPMS Manchester, then a collections agency have since purchased the debt and issued the CCJ.


I know I am at fault here for not updating my V5 however I think it is unfair that I didn't get a chance to defend myself having not known anything about the case!


Could someone help me draft a defence please?


Should I complete the Acknowledgement of Service?


Thanks for any help guys!!

Le_Kirk

If you found out 2 months ago that you had a CCJ you will have a hard time convincing a judge that you have acted promptly! Why are you writing about completing the AOS, have you had another court claim and received papers for CCBC in Northampton?

waamo

Le_Kirk wrote: »

If you found out 2 months ago that you had a CCJ you will have a hard time convincing a judge that you have acted promptly! Why are you writing about completing the AOS, have you had another court claim and received papers for CCBC in Northampton?

Indeed. One of the rules for obtaining a set aside is that it must be applied for promptly on discovering you have a ccj. There is no hard and fast rule for what promptly means but it's generally taken as about 28 days.

You appear to have taken double this time. You will now have to convince a judge you couldn't have acted sooner. Not being sure what to do will not be seen as a valid reason, you need a good reason to have taken so long. This could be an uphill task.

Again as above why do you need to do an AOS?

crazysummers

Hi Guys, my reason for not acting so promptly is work 80+ hour weeks until now. Regardless of the timings, is it reasonable to ask for a chance to defend myself? As all of the paperwork went to an old address

Le_Kirk

Why did the paperwork go to an old address - did you fail to inform DVLC (licence AND V5C) when you moved. This has been used in set asides but I think it is very much up to individual judges.

KeithP

Crazysummers, why aren't you answering people's questions about Acknowledgement of Service?

crazysummers

I was asking for advice on whether I need to do this or not? I don't understand this process so I need guidance please

Redx

AOS is for a current court claim that is in progress, not an old one , sd NO

you can be fined up to £1000 by the DVLA for not informing them about an address change, onece for the DL and once for the V5C, so double bubble if you failed on both

updating a driving licence does not automatically update a V5C, or vice versa, so each is done individually

to get a set aside you have to convince a judge of the merit of a set aside, plus pay £255 to do so, plus asap if nor sooner so generally within 28 days, which you have exceeded

so I foresee an uphill struggle and possible failure right from the get go


ps:- this is not a legal aid forum about civil court , its a consumer advice forum about private parking tickets

waamo

We can only help you if we have all the pertinent information. We need to know about this AOS unless it's some kind of secret?

I fear you face a serious uphill struggle to get this set aside. Not impossible but difficult. Working hard will not be seen as a good reason to delay something so important. After all it couldn't be that important if you waited 2 months.

A set aside costs £255 with no guarantee you get this back win or lose.

Could you live with a ccj or is it worth a £255 gamble?

The_Deep

Hi Guys, my reason for not acting so promptly is work 80+ hour weeks

A judge is unlikely to consider this is a valid reason.

it is unfair that I didn't get a chance to defend myself having not known anything about the case!


It is what it is, Parliament are considering changes. In thr meantime, why not complain to your MP as it the will of Parliament that these scammers be put out of business.

Hopefully that will take place in the near future. The Bill has passed through the HOC without hitch, and goes to the Lords soon. In the meantime involve your MP, the poor dears are buckling under the weight of complaints about these scammers.

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors. Is has been suggested by an MP that some of these companies may have connections to organised crime.

Parking Eye, CPM, Smart, (especially Smart}, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week), hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

The problem has become so widespread that MPs have agreed to enact a Bill to regulate these scammers.

Sir Greg Knight's Private Members Bill to curb the excesses, and perhaps close down, some of these companies passed its Third Reading in late November, and, with a fair wind, will become Law next year.

All three readings are available to watch on the internet, (some 6-7 hours), and published in Hansard. MPs have an extremely low opinion of the industry. Many are complaining that they are becoming overwhelmed by complaints from members of the public. Add to their burden, complain in the most robust terms about the scammers.