Need help with CCJ set aside

JohnnyWelsh

Thanks CM. I did include the draft order in the version final version. Sent off now so fingers crossed

JohnnyWelsh

So I've had a court date for next week and I'm wondering how to prepare. Do I need to take any additional evidence apart from what's been emailed to the court? CEL haven't responded toy SAR so I have no new information really.

Scf.1986

Hello
I found a CCJ on my credit file in 2015, it was put on my credit file in 2013. This was not my CCJ they had put it on my file by mistake. It is actually my mothers, due to us having a similar name. I have tried the last 4 years to get it removed, I even got a letter from the company who agreed that it wasn’t my debt! After all this it’s now in the process of being removed but I have had years of bed credit, not being able to change credit cards, not being able to have loans unless it has a massive apr. I know everyone gets mad about compensation but I feel the company didn’t do enough to get it removed from my file. I just want to know where I stand with getting some compensation as it’s been there for 5 and half years! I have paid out £255 for a N244 but as it’s not in my name that was a waste of time!! Can someone help please! Thanks

KeithP

Scf.1986 wrote: »

Can someone help please! Thanks

You haven't said, but is this anything to do with parking?

If it is, you would be best advised to copy your post above into a new thread.
But having said that, correcting misplaced CCJs is really a little beyond dealing with parking tickets.

Trying to address the different issues of two different people in the same thread can only lead to confusion.

Perhaps you can then delete your post from this thread and I'll then delete mine.

Thanks for your understanding.

Coupon-mad

JohnnyWelsh wrote: »

So I've had a court date for next week and I'm wondering how to prepare. Do I need to take any additional evidence apart from what's been emailed to the court? CEL haven't responded toy SAR so I have no new information really.

Search the forum for set aside Judge satisfied and read the resulting posts, to remind yourself from other threads, what the Judge will need to be satisfied about, so you provide the right evidence of not receiving the claim form and not being at fault in any way, and having reasonable prospects of successfully defending the claim.

When searching the forum always go ADVANCED and change to 'show results as posts'.

JohnnyWelsh

Hi everyone. Just wanted to say thank you so much for all your help.
I attended my set aside hearing this morning and the judge granted a set aside. Apparently CEL had emailed the court last night saying that they wouldn't dispute the set aside. The judge didn't really ask me any questions but made a comment about the length of my witness statement. I asked for the set aside costs but he said they would be reserved pending the outcome of my defence. I've now been given 14 days to file my defence.

I'm defending as the registered keeper. I've been back to the car park where the alleged incident occurred and the signs are clear so I can't really argue that.
CEL hasn't sent me my SAR as requested so I dont know what they've got.

The only defence I think I can use is saying they didn't follow POFA and can't identify the driver. Any help regarding defences would be most appreciated. I have looked through the forum buy I can't really tell which ones are relevant to my case.

Coupon-mad

I asked for the set aside costs but he said they would be reserved pending the outcome of my defence. I've now been given 14 days to file my defence.

Jolly good about costs being reserved, that means if CEL discontinue after seeing your defence, then you can ask the Judge to grant those reserved costs in full and remind him what they were.

CEL hasn't sent me my SAR as requested so I dont know what they've got.

Have they taken more than 30 days, or will the 30 days be up soon, within the time you have to defend?

I've been back to the car park where the alleged incident occurred and the signs are clear so I can't really argue that.

Not true. Never is. YOU MUST ATTACK THE SIGNS. Which location?

JohnnyWelsh

The car park is a hospital one. There are signs everywhere and it's only a small car park.

It has been exactly 30 days since I sent the SAR. I'll send another request tomorrow.

Thanks so much for all your help. I really appreciate it.

Coupon-mad

One of these, which site?

https://www.edp24.co.uk/news/health/parking-parasites-firm-wrongly-issues-fines-to-patients-at-norwich-community-hospital-1-5139325

https://www.manchestereveningnews.co.uk/news/greater-manchester-news/hospital-workers-who-pay-parking-13650923

https://www.gazetteandherald.co.uk/news/17381749.anger-over-patients-parking-penalty-at-chippenham-hospital/

JohnnyWelsh

It's this one. I actually think the signs have been put up very recently but I have no proof of that. https://www.swindonadvertiser.co.uk/news/15362269.taxi-driver-vows-to-go-all-the-way-in-court-fight-over-parking-ticket-from-hospital/

https://www.gazetteandherald.co.uk/news/11079156.savernake-hospital-bosses-use-up-patients-parking/