CCJ Set Aside: Now What?

G_Unit

Hey all!

I just got a CCJ I found out about set aside, using advice and experience from this forum (without posting my own thread), so firstly; thank you! :j

So, what happens now? My primary objective is to get this thing off my record, and I want whatever way offers 100% probability of this occurring.

I am not 100% confident I can build a defence that will win - what do you all suggest I do?

Le_Kirk

Did you not have a defence (or bare bones of one) when you attended the hearing for the set-aside? What did the judge say? What do the court papers say? The CCJ has been set aside but the original issue is still there and I doubt the PPC will just fold up their tent and walk off into the sunset.

G_Unit

Hi Le_Kirk,

Yep I had a skeleton argument.

The hearing was literally an hour ago, so no papers or anything yet. The judge grilled me on the defence and said I should probably work on it before the next hearing, but he set aside the judgement nevertheless.

If I were to pay the PPC (Parking Eye) now, would I even need to attend the next hearing and could I just get the CCJ removed?

KeithP

G_Unit wrote: »

If I were to pay the PPC (Parking Eye) now, would I even need to attend the next hearing and could I just get the CCJ removed?

Sounds like you have already got the CCJ removed.

You could pay PE whatever they are asking. How much is that - around £200?

You would then be down by ~£450. Is that what you want?

G_Unit

Yes it is around £200. To be honest - this is taking so much of my focus away from running my business that at this point paying the £200 doesn't seem like a bad option.

So, the Default Judgement which gave me the CCJ has been set aside; but how do I set about resolving the case and getting it off my record? Very confused!

Le_Kirk

G_Unit wrote: »

The judge grilled me on the defence and said I should probably work on it before the next hearing, but he set aside the judgement nevertheless.

G_Unit wrote: »

So, the Default Judgement which gave me the CCJ has been set aside; but how do I set about resolving the case and getting it off my record? Very confused!

From what the Judge said, you will be receiving papers giving his judgment (the set-aside) and a date for a new hearing. If you have any doubts, contact the court.

The_Deep

What record? This is a civil matter, as long as a CCJ has been paid there is no record.

You could, if they resurrect the original claim, offer a settlement on the court steps, (say £100), if they continue..

However, you can win this on signage, etc., read this

https://forums.moneysavingexpert.com/discussion/5972164/parking-eye-signs-oxford-road-reading

Nine times out of ten these tickets are scams so consider complaining to your MP.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies

Coupon-mad

Depends if you have a case.

An overstay at a retail park might be difficult to defend but other cases are not.

You can email P/Eye and make them an offer, now the CCJ is removed, and make it LESS than they want (well under 3 figures - or start at zero) given you are offering them the advantage of not having to do any more work on the case, not having to attend a hearing, and not being pursued for your costs.

You could start off with something like this which offers NOTHING, at first:

enforcement@parkingeye.co.uk

RE: CLAIM NO: XXXXXXXXX - CCJ now successfully set aside at court hearing

Without Prejudice Save as to Costs

Having successfully set aside the above CCJ, where you had failed to serve your claim properly and the Judge was satisfied that I had prospects of successfully defending the claim, in the interests of saving costs on both sides I propose that you consider ceasing these proceedings, with both parties walking away from the Claim and bearing their own costs.

This is an advantageous offer for yourselves because my costs thus far are reserved and stand at £255 court fee plus £95 LiP rate as set by the courts, for a full day's leave for the hearing, and £xx for travel to court. A second hearing would increase those costs, and I propose a drop hands offer, a significant saving for yourselves and to avoid the following:

Should you refuse or fail to respond, I will be making a complaint to the landowner, your client, xxxxxxx xxxxxx because the driver was a genuine patron of the business/shop/gym/hospital/cinema* and it is atrocious that you sue their customers due to your own failing, in that you (do not place clear signs about a hidden keypad to 'register' and/or failed to allow the mandatory grace periods)*.

Please confirm by no later the 12 Noon on Wednesday 25th September 2019 if you wish to agree to the above by contacting myself by email or post.

Yours faithfully



Your name
(ATTACH A COPY OF YOUR V5C AD THE PCN/CLAIM, TO PROVE THIS EMAIL IS FROM YOU, THE RIGHT DATA SUBJECT).


*INSERT RELEVANT TERMS/INFO

The_Deep

Depends if you have a case.

Do you not agree that this can be won on signage CM?

nosferatu1001

OP - you already have this "off your record"
There is no longer a JUDGEMENT, and the JUDGEMENT is what goes on your credit history

You will now have been tod what YOU need to do next
Make sure YOU do what YOU have been told

Youc ould offer to settle with PE, if thats all you want, but you might as well have gone ahead with a set aside by consent if thats what you wanted - £100 instead of £255 to apply for it.

G_Unit

Thanks all.

Maybe I should have Set Aside by Consent, but I didn't know about that route until now, oops.

Realistically, if I have to pay the £200 then it's not going to kill me off, having a CCJ on my credit score will as I am trying to buy my first house!

BACKGROUND - The original ticket was from a visit I made to Bristol South Hospital. The barriers were up on the car park when I arrived for my appointment, with an 'out of order' sign on the machine by the barriers at the entry. To be honest, I assumed that it would just be fine to park as it was a HOSPITAL and I didn't notice any alternative payment machines. To my surprise, I discovered a CCJ 6.5 months later, 9 weeks after the default judgement.

If I file a full defence, it will likely be around signage / POPLA schedule 4, and I am not sure of my chances of success with that route.

If I file a full defence, and lose, what happens then? I assume the CCJ will be reinstated and I will have to pay the £200 fee? If I pay it within a cerrtain time frame, will it still be removed from my record?

What would you experts advise from here with my primary objective being no CCJ at the end of all this. My court date will be in around 21 days.

Thanks!