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Set aside a CCJ from Civil Enforcement
ast8346
Posts: 17 Forumite
Hello,
I'm a bit of a pickle as I've recently found out that I've got a CCJ on my name (£346) and I'm now trying to get rid of it, which is now only achievable by setting it aside through a court hearing, but I need help to prepare the N244 along with my line of defense. So, here's what happened in chronological order:
1. On 22/10/2017 I have moved out from my old address to a new one and stopped checking mailbox
2. On 27/10/2017 a PCN from Civil Enforcement Ltd. has been issued against me. The initial amount was £100 and it was issued for overstaying at the Currys Car park. The conditions were "maximum stay 3 hours free parking, no parking when the store is closed". The car have stayed there for 4 hours. This PCN has been sent out to my old address and I have not received any of the original paperwork or the ones that followed. I do not remember whether the driver was me or someone else. There were 2 persons on insurance policy at the time.
3. In July 2018 a CCJ has been issued against me by the Northampton County Court Business Centre. Again, I was not aware of this.
4. I have found out about this CCJ though my credit rating in the beginning of this year. I have been able to recover the CCJ number and the original PCN, the rest has been lost or sent back to the Court from the old address. I have contacted the Court and they told me to fill out the N244 form and apply to set the CCJ aside. I have also contacted the Civil Enforcement and they've told me that they've used the address that DVLA have provided them at the time when PCN has been issued. They have not tried to contact DVLA again (I've updated my address since) and they said they will not be willing to accept an appeal from me, since the PCN has been issued too long ago. So, the Civil Enforcement have told me that I can either pay the PCN and have CCJ "paid and satisfied" or apply to set the CCJ aside using the N244 form. So, my thinking is that I should do the latter.
My arguments for setting this CCJ aside are the following:
1) I have not received any of the court paperwork and was not aware that the claim existed, hence did not have an opportunity to defend against it.
2) I disagree with the PCN as the charges believed to be in a breach of contract must be a genuine pre-estimate of loss, but they are not and therefore this PCN is an unenforceable penalty and the CCJ should not have been issued on the first place.
With regards to the evidence to support my N244, I want to include
1) The original PCN that contains my old address and also has a spelling error in my name
2) The tenancy agreement from the new address signed on 22/10/17
3) A copy of my driving licence.
I would like to ask this forum for an advice about this situation. Do you think my arguments are valid? If so, what further evidence may be helpful to include along with the N244 form? Are there any other arguments I could use?
My main goal is to get the CCJ removed, but I understand that applying to set a CCJ aside based only on the grounds that I've not received the paperwork is not enough - I need to fight the PCN as well! Yet, I also understand that a hearing to set a CCJ aside and a hearing to fight the PCN would be two different hearings, so on the first hearing the Judge will only decide on whether or not the CCJ has been issued correctly, but still not decide on whether or not I owe any money to Civil Enforcement Ltd. Is this true?
Thanks
I'm a bit of a pickle as I've recently found out that I've got a CCJ on my name (£346) and I'm now trying to get rid of it, which is now only achievable by setting it aside through a court hearing, but I need help to prepare the N244 along with my line of defense. So, here's what happened in chronological order:
1. On 22/10/2017 I have moved out from my old address to a new one and stopped checking mailbox
2. On 27/10/2017 a PCN from Civil Enforcement Ltd. has been issued against me. The initial amount was £100 and it was issued for overstaying at the Currys Car park. The conditions were "maximum stay 3 hours free parking, no parking when the store is closed". The car have stayed there for 4 hours. This PCN has been sent out to my old address and I have not received any of the original paperwork or the ones that followed. I do not remember whether the driver was me or someone else. There were 2 persons on insurance policy at the time.
3. In July 2018 a CCJ has been issued against me by the Northampton County Court Business Centre. Again, I was not aware of this.
4. I have found out about this CCJ though my credit rating in the beginning of this year. I have been able to recover the CCJ number and the original PCN, the rest has been lost or sent back to the Court from the old address. I have contacted the Court and they told me to fill out the N244 form and apply to set the CCJ aside. I have also contacted the Civil Enforcement and they've told me that they've used the address that DVLA have provided them at the time when PCN has been issued. They have not tried to contact DVLA again (I've updated my address since) and they said they will not be willing to accept an appeal from me, since the PCN has been issued too long ago. So, the Civil Enforcement have told me that I can either pay the PCN and have CCJ "paid and satisfied" or apply to set the CCJ aside using the N244 form. So, my thinking is that I should do the latter.
My arguments for setting this CCJ aside are the following:
1) I have not received any of the court paperwork and was not aware that the claim existed, hence did not have an opportunity to defend against it.
2) I disagree with the PCN as the charges believed to be in a breach of contract must be a genuine pre-estimate of loss, but they are not and therefore this PCN is an unenforceable penalty and the CCJ should not have been issued on the first place.
With regards to the evidence to support my N244, I want to include
1) The original PCN that contains my old address and also has a spelling error in my name
2) The tenancy agreement from the new address signed on 22/10/17
3) A copy of my driving licence.
I would like to ask this forum for an advice about this situation. Do you think my arguments are valid? If so, what further evidence may be helpful to include along with the N244 form? Are there any other arguments I could use?
My main goal is to get the CCJ removed, but I understand that applying to set a CCJ aside based only on the grounds that I've not received the paperwork is not enough - I need to fight the PCN as well! Yet, I also understand that a hearing to set a CCJ aside and a hearing to fight the PCN would be two different hearings, so on the first hearing the Judge will only decide on whether or not the CCJ has been issued correctly, but still not decide on whether or not I owe any money to Civil Enforcement Ltd. Is this true?
Thanks
0
Comments
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When seeking a set aside, you must act quickly.
You say that you found out about this Judgment "in the beginning of this year".
It is now June.0 -
Since the ParkingEye v Beavis Supreme Court judgment almost 4 years ago, this is extremely difficult to argue. Unless you're all over it and know and understand Beavis inside out, this isn't going to do you any favours.2) I disagree with the PCN as the charges believed to be in a breach of contract must be a genuine pre-estimate of loss, but they are not and therefore this PCN is an unenforceable penalty and the CCJ should not have been issued on the first place.Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.Private Parking Firms - Killing the High Street0 -
When seeking a set aside, you must act quickly.
You say that you found out about this Judgment "in the beginning of this year".
It is now June.
Why? I needed time to prepare evidence, and it was simply not convenient for me to act immediately. Health issues, finance wise etc. Obviously, if I were to pay the CCJ within the first 30 days that would've been a different story, but I didn't find out about it for at least 6-8 months anyway.0 -
To get a set aside you need to be able to show you acted quickly as soon as you knew about the judgement.
You will be wasting your £255 applying now for this ccj to be set aside0 -
To get a set aside you need to be able to show you acted quickly as soon as you knew about the judgement.
You will be wasting your £255 applying now for this ccj to be set aside
Crap. Like I said, I really couldn't find time to study the matter in the beginning of this year. I have requested the Court to send me N244 form on 7 February 2019. This is the date when I first started looking into this/found out about the CCJ.
What if I claim that I tried to return N244 form, but it was lost in the post? Not true, but if my reasons are valid why would it matter so much when I respond? The form says nothing about that.0 -
You mean lie to a Judge? Good luck with that one!What if I claim that I tried to return N244 form, but it was lost in the post? Not true,
Would you like one or two pieces of bread with your water?Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.Private Parking Firms - Killing the High Street0 -
Crap. Like I said, I really couldn't find time to study the matter in the beginning of this year. I have requested the Court to send me N244 form on 7 February 2019. This is the date when I first started looking into this/found out about the CCJ.
What if I claim that I tried to return N244 form, but it was lost in the post? Not true, but if my reasons are valid why would it matter so much when I respond? The form says nothing about that.
I trust your expletive refers to the set aside rules you will fail on and not the advice you have been given. ,(Intended to save you wasting £255!,)
Read up on set Aside requirements online before paying!!
Perjury has big penalties, so forget lying in Court!0 -
In order to gain a set aside you must act quickly upon discovering the ccj. There is no set time however courts generally take this as 28 days maximum.
In saying that if nobody challenges it then it might just not be questioned. If the parking company are on the ball and challenge it you will have chucked £255 away.
It's your call.
If you tell fibs you will serve time. No maybe about it. It's usually 6 months.0 -
The judge will challenge it!
28 days is probably too long
You only get 14 to respond to a claim in the first place0
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