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CCJ issued by Excel at my place of work!, options for getting it set aside?

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Comments

  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Putting together a file of evidence to take to show the claim was not served and a basic defence to show you have prospects of success, plus a wage slip to prove your costs and ask on the day of the set aside, once it is agreed, that your costs for attending and the £255 fee, be 'reserved' or (even better) awarded against the Claimant due to their conduct in failing to trace you and serve any details of this PCN/claim, and then (probably) not even bothering to turn up to the set aside hearing.

    Search the forum for Judge set aside satisfied as there is a thread or two with a detailed summary of exactly what a Judge wanted to hear.

    That's what you want to say, the right things, not the wrong things. Read the results.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • aardll
    aardll Posts: 103 Forumite
    100 Posts
    Court date has been confirmed for this in October.

    Going to spend some time reading the above Coupon. Really rather worried about the whole thing now.
  • aardll
    aardll Posts: 103 Forumite
    100 Posts
    @Coupon I'm still not entirely sure what my argument for having this set aside is in addition to the served to the wrong address argument?

    https://forums.moneysavingexpert.com/discussion/5947595/surprise-ccj-parkingeye&page=2

    I note the wrong address dvla thing wasn't accepted on the thread above?
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Wow you did well to find the only one lost on here in a year!

    The way to see what your argument is, will be to do the search I said:
    Search the forum for Judge set aside satisfied as there is a thread or two with a detailed summary of exactly what a Judge wanted to hear.

    That's what you want to say, the right things, not the wrong things. Read the results.
    And this time don't stop at the ONLY set aside case lost in a year on this forum!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • aardll
    aardll Posts: 103 Forumite
    100 Posts
    Low and behold I have just checked my credit report and they have filed ANOTHER CCJ to my old address, this time for the tune of 185 pounds.

    Default date was 21/06/2019

    My details have been up to date with the DVLA since WELL before that. They are using the same out of date address.

    I can't believe this, I now have TWO CCJs to the wrong address.
  • Le_Kirk
    Le_Kirk Posts: 25,169 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    aardll wrote: »
    Low and behold I have just checked my credit report and they have filed ANOTHER CCJ to my old address, this time for the tune of 185 pounds.

    Default date was 21/06/2019

    My details have been up to date with the DVLA since WELL before that. They are using the same out of date address.

    I can't believe this, I now have TWO CCJs to the wrong address.
    Lo[STRIKE]w[/STRIKE] and behold
    Who filed another CCJ, only a court can do this. Did you ignore or not receive court papers? Did you at any time tell the DPO at the PPC of your proper address for service and tell them to ERASE your old address? If so and they still sent post to your old address, a complaint to the ICO is in order.
  • Quentin
    Quentin Posts: 40,405 Forumite
    You have time to pay this off if you are inclined to!

    If you pay it in full within a month of the judgement then the ccj gets expunged from the records

    If you decide to take this line, then do make sure that you get cleared funds to them within the month allowed and get a receipt!

    Though from what you say a set aside should be just a formality
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    You oculd see if the Court will accept the same hearin being used for BOTH judgements; you can ut try

    Point out they are for the same reason (served to old address) and the claimant SHOULD HAVE filed them as ONE claim, not two, in the first place - you are trying to use the courts valuable time more efficiently.
  • aardll
    aardll Posts: 103 Forumite
    100 Posts
    Thanks for your reply Nos,

    Do you know if it's actually possible to do this?
  • Quentin
    Quentin Posts: 40,405 Forumite
    Worth a try and won't cost you anything to give it a go

    No-one can predict the courts response
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