Set aside a CCJ from Civil Enforcement

ast8346

waamo wrote: »

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.

Ok. So, maybe let's not tell fibs to a Judge then

I have reasons to think that Civil Enforcement simply won't turn up to the hearing on first place (based on other people experiences), however I still have only a vague idea of what evidence I need to provide or rather what the Court needs to hear in order to make a decision in my favor.
If the Judge questions it, what reasons I might be able to provide to justify not responding earlier?

waamo

ast8346 wrote: »

Ok. So, maybe let's not tell fibs to a Judge then

What do you mean "if nobody challenges it"? Does Civil Enforcement need to challenge it? I have reasons to think that they simply won't turn up to the hearing on first place (based on other people experiences). I still have only a vague idea of what evidence I need to provide or rather what the Court needs to hear in order to make a decision in my favor.

There is a very strong possibility that CEL will question when you knew about the ccj especially considering you contacted them enquiring about it.

If they are asleep on the job there is a huge possibility of the judge asking you. If the person you spoke to at the court made a note they had sent anything out to you, which is a distinct possibility, then it's likely to be questioned.

This is going to be a bit like winning the lottery. Not once but twice.

ast8346

waamo wrote: »

There is a very strong possibility that CEL will question when you knew about the ccj especially considering you contacted them enquiring about it.

If they are asleep on the job there is a huge possibility of the judge asking you. If the person you spoke to at the court made a note they had sent anything out to you, which is a distinct possibility, then it's likely to be questioned.

This is going to be a bit like winning the lottery. Not once but twice.

OK. Then let's assume that somebody does question it.

Can I have reasons not to respond within 28/14 days? I really didn't know it's so strict... Nobody told me that. Also, I'm not lying that I have health issues. I can prove it upon request. Can I say that?

Quentin

If the health issues stopped you from putting in a set aside application till now then yes you can use it.

You'd need to evidence it of course

You say nobody told you about having to apply quickly for a set aside once you know that you have a judgement against you, but you have been advised here, and it's made plain when you read up on the requirements for a successful set aside application

waamo

You can try. Given you found out in January and it's now June you would need an incredibly good reason to have delayed for so long.

It's not impossible but will be very difficult.

ast8346

OK. I will include the details of my recent medical adventures then along with the N244 form.

However, do you think I have a valid reason to dispute the PCN/claim on first place? I thought I have, but seeing a reference to ParkingEye v Beavis Supreme Court judgment has put me off a little bit. This is actually why I didn't post the N244 form yet. Saying that I haven't received papers is easy, but it's not enough and I need to challenge the PCN as well which is more difficult...

waamo

4 hours to buy a tele. You aren't making this easy for yourself. There may be something in the landowner contract that makes allowances for bona fire customers but getting hold of that contract prior to court may be problematic.

Other than that only you can say if you have a defence. It sounds like you were aware of the conditions of parking.

ast8346

waamo wrote: »

It sounds like you were aware of the conditions of parking.

Well yes. I think so, although can't quite remember.
I'm thinking of revisiting the site to talk to the Currys management about this. However, not sure what I can ask them to do =\


From aboutsmallclaims it says that it's down to Judge to decide on whether or not I have acted promptly:


"In deciding whether or not the defendant has acted promptly in making their application the relevant date is usually the date on which the defendant found out about the judgment. Judges have differing views on what constitutes a prompt application. Some say that anything over four weeks shows that the defendant has failed to act promptly – others will entertain applications made many months later."


Part 13 of CPR says that:

13.3
(1) In any other case, the court may set aside or vary a judgment entered under Part 12 if –
(a) the defendant has a real prospect of successfully defending the claim; or
(b) it appears to the court that there is some other good reason why –
(i) the judgment should be set aside or varied; or
(ii) the defendant should be allowed to defend the claim.
(2) In considering whether to set aside or vary a judgment entered under Part 12, the matters to which the court must have regard include whether the person seeking to set aside the judgment made an application to do so promptly.


So it appears that I have issue with two things here 1) acting promptly 2) having a real prospect of successfully defending the claim

Not looking good!

Coupon-mad

You do not have a problem in defending the claim. CEL claims are almost always beaten here, and you do not have to say who was driving in which case they will have to have used the right wording on their NTK to hold you liable under the POFA 2012 (see just about any other CEL thread from 2017 - they did not use the POFA words).

TBH I would get on with it, what's the worst that can happen? If the Judge says you are too late then you are just back to square one.

We do see set asides won here pretty much 100% of the time, so get on with it and hope the Judge accepts why it took you March-May to deal with the form you got in February.

You need to simply search the forum for set aside CEL 6 point order and copy.

Oh, and take it (the N244, the £255 fee, the witness statement and the draft ORDER) to your local County court - not posting it to the CCBC in Northampton, as that wastes yet more time for them to allocate it to...your local court!

ast8346

Coupon-mad wrote: »

You do not have a problem in defending the claim. CEL claims are almost always beaten here, and you do not have to say who was driving in which case they will have to have used the right wording on their NTK to hold you liable under the POFA 2012 (see just about any other CEL thread from 2017 - they did not use the POFA words).

TBH I would get on with it, what's the worst that can happen? If the Judge says you are too late then you are just back to square one.

We do see set asides won here pretty much 100% of the time, so get on with it and hope the Judge accepts why it took you March-May to deal with the form you got in February.

You need to simply search the forum for set aside CEL 6 point order and copy.

Oh, and take it (the N244, the £255 fee, the witness statement and the draft ORDER) to your local County court - not posting it to the CCBC in Northampton, as that wastes yet more time for them to allocate it to...your local court!

Agreed! With the prospect of living for 5 more years with a CCJ on my name (paid or not paid) I may as well leave the country. Even getting the court to remove the CCJ off my record but keep me liable to paying up the PCN in full will still be a success.

I need to work on the wording to challenge the claim though. I think I will visit the Currys shop to help me with that.