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

aardll

DoaM wrote: »

Why does that matter? The judge has ordered the claims to be reset back to the beginning ... where they filed the original claims is now irrelevant.

The judge didn't award you your set-aside fees back? Or did he/she reserve costs to the new hearings?

IF they restart the claims (there's no guarantee they will - did the judge give them a timescale in which to do so?) then you include the set-aside fees in your costs schedule. If they don't then there's nothing to stop you raising a claim against them for your costs.

As the claims have been reset there's nothing to pay ... so the £330 settlement (£165 per claim presumably ... £60+ of which is probably debt recovery costs that they haven't incurred and is "an abuse of process") is an irrelevance.

Hi DoaM,

the original charges for the parking would have been 30 pounds each, not sure what you mean by there's nothing to pay?

Sorry I couldn't write up a more concise hearing report everyone. I was mad shaking and stressed and I tend to zone out when I'm that anxious and stressed out.

So from what I recall, he referred to a big book then quoted that "the original "claim" (is that the parking claim or the CCJ I don'k know) was "defective" based on the fact it wasn't served to the correct address."

He said they have 14 days to serve "notice?" to the correct address and I have 28 days to file defense when I get that (if I get it).

At this point if it's just 30 quid for each they want I'd be tempted to pay it to make the whole thing go away but then I'm definitely not getting my set aside application fees back right?

I guess I need to think about how likely I am to win if it goes to a trial? Fact of the matter is they could produce photo evidence that I stayed longer than allowed in the retail park (which I can't even comment on because I don't have any clue when it even happened let alone if I was there longer than 2 hours). I have a designated parking spot on the business park so it's not like they've suffered any loss for me parking there.

I'd also draw attention to the fact the bits of paper they leave on peoples cars have "this is not a parking charge" written on them.

What's the best way to argue this if I decide to contest the original claim?

I really appreciate all the replies everyone. I'd buy you all a beer if I could!

Quentin

If they decide to proceed with these claims then expect them to claim the same amount this time as they did previously ( assuming that they claimed interest then that figure will have increased as time has passed since their original calculation of how much interest has now accrued

If you decide not to defend then yes, no chance of getting your set aside fees reimbursed

aardll

Do I now have to defend this in court or can I go via the standard appeals process or better yet get the landowner (whom I've been in contact with) to cancel the original charges?

DoaM

It's really not difficult ... you've been told several times already what the options are. I'll try to break it down.

1. The original claims have been set aside. This means you don't currently have any CCJs, but are £530 lighter in the pocket for seeking the set asides.

2. The parking company have 14 days to reissue the claims. If they do then it will be for the original claim amounts, or perhaps slightly higher due to interest.

3. If the claims are reissued then you MUST defend them. Advice is in the NEWBIES FAQ. At this time you'll be able to reclaim your £530 assuming you win the subsequent hearing(s).

4. If they don't reissue then you'd need to raise a claim against THEM to try and get your set-aside costs back.

5. There is NO possibility of any other appeals system except court.

aardll

OK DoaM, I appreciate your responses but sometimes there's many people replying and it's difficult to keep track of them all. You're saying I must defend them but paying them off is still an option as well yes? I'm trying to work out if I've got the fight in me to defend them or just pay the dam things off to make it go away.

DoaM

Of course you can pay them off, but that'll just make you another £330 lighter, and help to fund them scamming other victims. Almost nobody here thinks this is the course of action to take.

Bear in mind that the reality is that they're unlikely to reissue the claims. So at worst you'd be £530 down if you did nothing.

aardll

I agree completely, my heart is telling me fight these disgusting scum sucking rattle snakes till my dying breath. It's extremely time consuming and mentally draining though. Makes me sick they can even be allowed to get away with this in the first place.

It definitely fills me with confidence that everyone thinks I shouldn't pay them a penny though.

My preferred outcome would be for them to just not reissue the claims and me to pursue them for the costs (small claims court I'm assuming).

I'd just need to know I'm going in there with an absolutely solid defense and chance of winning should I have to go the court route.

Umkomaas

I'd just need to know I'm going in there with an absolutely solid defense and chance of winning should I have to go the court route.

You'll only need to concern yourself if they reissue a claim. Until then, there's nothing to do unless/until they make a move.

If you've received nothing by the 14-day deadline you contact the court to report that and ask that the Judge strikes this out.

If you do get a fresh claim, then we can deal with it and a response (defence) to it.

Doing anything right now will be premature, and provides you with no advantage.

Be patient!

Quentin

aardll wrote: »

OK DoaM, I appreciate your responses but sometimes there's many people replying and it's difficult to keep track of them all. You're saying I must defend them but paying them off is still an option as well yes? I'm trying to work out if I've got the fight in me to defend them or just pay the dam things off to make it go away.

At the moment you have nothing to pay off!

So NO it isn't an option now!

You need to wait and see if they reissue the claims

Only if they do then you have that option!

But you won't pay any more if you defend and lose!

So forget paying them

Defend if you have to, then if you win they will be paying you back your set aside fee.

ardll

Thanks for all the responses and support guys. Not even sure I'd be coping if it weren't for the advice on here.

I think the judge said I'd have to pay their court fees if I defended and lost but I may have misunderstood what he said. ��