CCJ set aside, NHS parking fine

KeithP

A suitably worded Freedom of Information Request to the Trust might find out something interesting.

Coupon-mad

Good call, and FOI and a SAR.

Go at them and wheedle out all the data held about this PCN (SAR) and much more generally, to expose the scam in all its glory, the minutes of meetings and copies of emails, communications and their strategy/policy and risk assessments and liability trails about their parking operation (FOI).

Redx

as above , gather your ammunition before trying to fire your shotgun at the right targets

TyrionN

Thank you, I wish I knew what i would do with such information? Do I need all that before asking the solicitor to set aside with consent?

KeithP

TyrionN wrote: »

Thank you, I wish I knew what i would do with such information? Do I need all that before asking the solicitor to set aside with consent?

No, probably not.
And a set aside application should be filed promptly after finding out about the Judgment.

Coupon-mad

Yes but if he wants to set aside with consent he needs to talk to the solicitors first.

The SAR and FOI facts could lead to a later claim (by YOU, for compensation) so no signing anything that says you won't issue a claim later...

henrik777

in fact the solicitors today confirmed that they received some of their correspondence back to them with the note ‘return to sender’.

If this was pre filing of the claim you're going to get your set aside on a mandatory basis with your money back (if you want it (but the claim will be reset to active)).

Don't get hung up on consent/no consent as it's always right to ask the claimant to consent. If they filed a claim despite knowing you didn't live there (returned mail) they're utterly stuffed (unless they can show they couldn't find you and had tried pretty hard and failed).

There is no time limit for a mandatory set aside.

TyrionN

Thank you, so it doesn’t matter that I paid this amount as a gesture of good will rather than as admission of the debt?

My wife has spoken with a solicitor this morning who seems to think that we can still get it set aside based on a consent order only, as we can state that if they don’t agree to the consent order then a full application will be made on the basis that I am not the correct defendant and can prove that and also that I was not aware of the proceedings and therefore couldn’t defend it, so even though it’s been paid this was as a gesture to stop any further action, not to admit the debt.

TyrionN

Also I’m not sure at what stage they said they received paperwork returned stating ‘not at this address’ if it was after judgement had been entered should they have then informed the court?

henrik777

TyrionN wrote: »

Thank you, so it doesn’t matter that I paid this amount as a gesture of good will rather than as admission of the debt?

My wife has spoken with a solicitor this morning who seems to think that we can still get it set aside based on a consent order only, as we can state that if they don’t agree to the consent order then a full application will be made on the basis that I am not the correct defendant and can prove that and also that I was not aware of the proceedings and therefore couldn’t defend it, so even though it’s been paid this was as a gesture to stop any further action, not to admit the debt.

Payment makes no difference as far as i'm aware.

Consent is best but if it can be done by consent it can also be done by persuading the judge.



Find out when the claim was lodged and, if you can, when the letters were returned as not known. Then progress to, what action did you take to find my new address.

https://www.civillitigationbrief.com/2018/03/27/service-of-the-claim-form-at-the-old-address-the-hierarchy-of-measures-a-claimant-has-to-take/