CEL CCJ Set Aside Advice Needed

mainman789

Thanks for the reply, it was a private accommodation (I was at the address for 3 years till I moved last September).

I spoke to CEL, they say it relates to a PCN at a KFC car park which I have no recollection of. According to them they accessed my address on the of mid-September last year and used that address for the CCJ. They didn't take any other steps to find my address.

mainman789

I'm not sure what I can remove to be fair to shorten it but I'll have a look.

mainman789

henrik777 wrote: »

Further you should ask DVLA who accessed your information and when. If the address was correct at the time of the parking date then it won't have mattered when you changed it."

I had moved to a new address on the 1st of September, the PCN was issued on the 17th September according to CEL (They accessed my records on that date and didn't try again, my driving licence was up to date at that point) so the address was not correct at the time of the parking date .

I updated my address on March 2019 when I was contacted by Past Due Credit regarding my Road Tax and that's when I realised that my address had not been updated my V5c.

I had no communication of any form with CEL till this Tuesday when I came aware of it due to a credit check.

mainman789

The_Deep wrote: »

It seems incredibly long to me. Need it be so? Are you sure it cannot be shortened?

I have shortened it slightly but don't know how much shorter I can make it. I can remove 2.9.1 and 2.9.2 as I don't see them raised in some of the newer witness statements.

Also, I've updated bits of the witness statements where I realised I hadn't adapted it to my situation (was too eager to post my WS, should've taken more time to review it). No point in posting it here as nothing major has changed.

I've been able to get the answer to my first question so will submit the N244 form on Monday. In case I receive any other advice.

As I've already said, I'm a student so I was wondering if I can apply for help with fees for N244 form? My family's household net income is between £10,000 - £11,000 and my dad receives working tax credit but when looking at the N244 form, it's all questions regarding my income. I've contacted National Debt Helpline but they haven't been of much help.

Is it worth just paying for the N244 fee and then applying for a refund with the help with fee's form, which seems to be an option?

Le_Kirk

Look at this form, see if it helps.

mainman789

Yeah I've had a look at it before but doesn't seem to be any clear information regarding students and I don't receive working tax credit myself (my father does) so I can't even put that down. I've applied for help with fees online, they will get back to me within 3 weeks once I've sent of the n244.

Thanks

Le_Kirk

If you are a student and you don't have a job as well, surely you qualify for help with fees. Auntie Google found this for me/you.

mainman789

Created a new thread without knowing that I shouldn't have so merging the two threads together. Link to the other thread (Just in case anyone want to see the updated Witness Statement, Skeleton Argument and an update on my situation): https://forums.moneysavingexpert.com/discussion/comment/76590998#Comment_76590998

Coupon-mad wrote: »

So she DID set the CCJ aside?

But she wants to see your defence and she remarked that she wasn't convinced about your prospects of success?

Or, she adjourned and didn't set the CCJ aside and wants to see your defence first?

You can certainly defend and say the signs were inadequate, and indeed they have since changed the signs so this appears to be a suggestion that the older signs were inadequate and non-compliant with the BPA CoP.

Also, you can defend against the added £82 by using the same wording you see on every Civil Enforcement £82 defence thread.

Your skeleton argument looks good to me. Which court was this Judge at?

No, I believe the CCJ has been set aside however I've still been asked to file a defence. I will post exactly what was ordered in another post.

In terms of the sign, don't know why I didn't think about that but it makes sense to use the fact that they have changed the signs against them but I don't have any pictures of how the sign used to look, would that be an issue? Also, since it's been set-aside I know longer need to claim that I don't recall who the driver is right? As how would a person know if the signs have been changed if they won't at the said location when the PCN was issued?

I will look into the '£82 Defence' since I haven't really come across that while going through the forum or must have missed it.

She was at Barnet County Court.

mainman789

This is what it says on the 'General Form Of Judgment or Order' letter that I got from the court:

Upon reading an email from the claimant dated xx November 2019 and upon hearing the Defendant in perons

IT IS ORDERED that :-
1. Judgment be set aside forthwith pursuant to CPR 13.3(1)(b) and be removed from the register
2. The Defendant shall file with the Court and serve on the Claimants a fully pleaded defence to the claim by 1x December 2019
3. Both parties shall file completed direction questionnaires with the court by xx January 2020
4. No order as to costs.

mainman789

I was not able to get any of the costs reserved as I think I honestly forgot to bring it up when she had asked me to summarise my WS however I had mentioned it in both my WS and skeleton argument.