CCJ set aside

Clare237

Thank you for all your previous threads I that I have read and taken a lot of information from.

I (apparently) received a parking ticket in December 2016. I only realised this months later when I received a demand for £170. I drive a lease car (NHS). I appealed by post and heard nothing. I appealed by email - acknowledged but not answered. After this I heard nothing. I told them the “ticket” was in an old name and updated them with my new one (married) - they would have got the details from the lease company I assume, not the DVLA.

I moved house in 2018 as landlady sold the house I was renting and went to stay with my parents (pregnant with a toddler and found it very difficult to find another rental house). All address/electoral roll/tax etc at this address and redirections set up as usual. I never received post in my old name ever so I didn’t request this on the Royal Mail forms. I had no worries about this as all post always came in my married name!

I have family abroad, so I decided to spend some time with them as maternity leave and conditions very tight at my mums. This visit ended in a premature birth and an extended stay (health needs) - everything ok thankfully. But I am still away. My mum opens my post for me, so I know everything I receive.

Fast forward to now....

I have to return to work (as a midwife) and applied for a house to rent, but I failed referencing as I have a CCJ! I have found out this was from the parking ticket I appealed. Court papers went to old address in old name, so I never received them. I am applying for a set aside using the information on here. So upset. I can’t return to uk without somewhere to live...and I have no guarantor that earns the really high amount that is is required...and cannot afford the 12 months up front.

Really wish these people realised the impact these things can have on law abiding people. I haven’t got any credit problems, but now find myself having to tell estate agents I have “adverse credit”.

Is not actually receiving paperwork enough of a defence for a set aside? The original ticked related to a day out where I was legitimately parked and entered my number into the machine in reception at the venue. So the parking fine wasn’t even right!

How long is this process likely to take? The court have said I won’t be required to attend - is this correct? They have been really helpful with my tearful phone calls.

Sorry for the long post

Redx

yes it is grounds for a set aside

until the MP,s change the system, it is chaotic and people like you are caught up in this terrible credit clamping, hence why we tell people to complain to their local MP

this will take months if the set aside is granted, because then you would be expected to fight the original pcn in court and plead your case , as if the CCJ had never happened

plus you would try to claim back your £255 and also added costs for the court hearing of say £95 if you win

it can be done "on papers" but you may find it harder to win this way

it may well be that an incorrect VRM was entered on the day, ot a PDT failure or similar

there was no "fine" and that word should NEVER be used, because it is incorrect

if any words are to be used , use INVOICE and/or Parking Charge Notice (PCN)

not fine , and not penalty either , just INVOICE or PCN

nosferatu1001

dA set aside can take a few weeks to arrange a date with the court.

You need to read the NEWBIES THREAD, post 2 on, which deals with SET ASIDES as well as the court process in general

I didnt spot WHEN they filed a claim? How long between your LAST contact with them and the date they filed the claim? You can find this all out by ringing the CCBC and asking them for the details over the phone.

The longer they left it, the better.

Clare237

Hi, thank you for your replies. The original ticket was from December 2016 - no idea when it was issued and have never managed to get this clarified. I received a huge invoice in may 2017 for £170 - this is the first I heard of it. I appealed and heard nothing - no post or other letters. I have copies of my emails to them and the acknowledgment of the appeal (civil enforcement)

Service was (according to the court) in July 2018.

Does this huge gap in time mean anything at all?

Clare237

I will definitely write to my MP. I am literally stranded away from home with my little ones due to this matter. The court have been very helpful but the system is broken. I don’t think I have ever felt more vulnerable.

Redx

Clare237 wrote: »

Hi, thank you for your replies. The original ticket was from December 2016 - no idea when it was issued and have never managed to get this clarified. I received a huge invoice in may 2017 for £170 - this is the first I heard of it. I appealed and heard nothing - no post or other letters. I have copies of my emails to them and the acknowledgment of the appeal (civil enforcement)

Service was (according to the court) in July 2018.

Does this huge gap in time mean anything at all?

so send their DPO a SAR by email asap and using GDPR to do so and get all their data on you, including the original PCN and photos etc

the fact that they left it a long time works in your favour because they should have used a tracing service to ensure their address for service of papers was up to date

nosferatu1001

Yes, as you will have found out, by reading the dozens of Set ASide threads, if they wait a long time between last contact and filing, they cant claim so weasily they served the form correctly

ShakeItOff

Really sorry to hear this Claire. I am in a similar situation and have my set aside hearing next week. The notification of the hearing came through quicker than I was expecting though, which was good.

In terms of the SARs, send one to the PPC, their solicitor, their debt collection agents and also send one over to the DVLA. DVLA is the only business who acknowledged my request before sending. Also, check out whether the PPC, debt recovery and solicitors will want to see proof of ID. I sent a heavily redacted passport and marriage certificate for mine.

Coupon-mad

Check if you qualify for help with fees, it might cost you nothing to set aside.

Clare237

Thank you all.

I have (very) extreme circumstances as a direct result of this judgement. Would this be something to include on the statement? Or is this purely for the evidence and reasons for set aside application?

Clare237

Hello all. Update;

I have a set aside hearing date in about 6 weeks. I am looking at all the information on the forum. I am struggling as this is having a major impact on my personal life.

Could do with some encouragement!