CCJ Set Aside: Now What?

The_Deep

Realistically, if I have to pay the £200 then it's not going to kill me off,

IMO you have a very good chance of winning this

If I file a full defence, and lose, what happens then?

You pay it

I assume the CCJ will be reinstated

Your assumption is erroneous, you really should try to get a handle on this, the CCJ is a dead parrot, it is not rocket science.

Le_Kirk

You don't have a CCJ, that judgment has been set aside. You do have the original claim from the PPC. You could try what Coupon-mad suggested in post # 8 or you could try phoning the court where the set-aside was heard and ask them if the judge has made a written order with a date for the original claim to be heard.

G_Unit

@The Deep - I understand that the current CCJ has gone. My qiuestion was; if I attend the defence hearing vs the PPC and lose, is a new CCJ in place an on my credit history for 6 years?

@Le_Kirk - Thanks

KeithP

G_Unit wrote: »

My qiuestion was; if I attend the defence hearing vs the PPC and lose, is a new CCJ in place an on my credit history for 6 years?

No, not if you pay whatever the judge orders within the timescale he allows.

G_Unit

Hi guys...

So.. I sent a version of the suggested letter above to PE. They have replied with the following. To be honest, I would rather pay the £125 than go through the process of returning to court. However, I need your advice.

The original CCJ has been set aside, and I have the documentation to prove that. I am now awaiting a court date for the hearing.

If i understand the below right, PE are saying if I pay the £125, they will retract the proceedings from court and the matter will be entirely settled (no ccj, no further proceedings)?

Is that correct?

TIA!

----

Dear XXXX,

Without Prejudice (Save as to Costs)

We write regarding the above referenced Parking Charge and the subsequent County Court Claim, wherein we are seeking to recover the sum of £175.

As you are aware the judgment was set aside at hearing on XXXX 2019 and we confirm that the order does not state that your costs are reserved. On this basis we therefore have noted your request to settle the ongoing claim. We can confirm that we would accept the sum of £125 in settlement.

The above offer is open for 14 days from the date of this email and payment needs to be made within that time frame. We can confirm that this matter will be closed upon receipt of this payment but that the claim against you will remain should payment not be received.

Payment can be made by telephoning our offices on 0330 555 4444, by visiting XXXXX, or by posting a cheque/postal order to the below address. Please note that you must quote the above Parking Charge reference on the reverse of the cheque or postal order.

Yours sincerely,

ParkingEye Enforcement Team

Umkomaas

You could go back with a counter-offer and see how they respond. We’ve seen them settle at around £60. Make sure you mark it ‘Without Prejudice (Save as to Costs)’.

Your call.

waamo

Yes. £125 makes it all go away if that is what you want.

Le_Kirk

Well up to you of course but you are already out £255, now they want you to spend another £125. Depends how good you think your defence is. Maybe PE think their case is weak if they are offering to settle. You could go back with a counter offer.

waamo

Umkomaas wrote: »

You could go back with a counter-offer and see how they respond. We’ve seen them settle at around £60. Make sure you mark it ‘Without Prejudice (Save as to Costs)’.

Your call.

Personally this is what I would do. I see little point in not trying to negotiate a bit. The offer on the table is there and won't go away if you don't jump at it straight away

G_Unit

Thanks all! Will update on decision