Parking CCJ - ANPR camera and CCJ docs sent to old address

thehopcat123

Posting again slightly for traffic but also re the above.

I've checked the sticky boards but couldn't see anything, does anyone have any advice on writing to CEL and saying I will only accept their offer if they are willing to pay my £255 fee, otherwise I will have to ask the court to make a decision on the fee and my additional costs (time off work etc). The longer this takes to come off my credit file the longer my remortgage will take and I am worried about moving onto a variable rate and that impacting me.

Or, do I ignore the letter, take it to court with me and try and win that way? I can see others have had their fees reimbursed (the Saggi thread springs to mind), and I don't want to lose the £255 but equally can't afford to waste months getting this sorted.

Le_Kirk

Little bit of detective work and I was able to post your image. It looks like the PPC are agreeing to set aside your judgment, i.e. set-aside WITH CONSENT. The fee for this is £100 rather than £255 but of course you do have to agree to pay the original PCN (invoice).

thehopcat123

Le_Kirk wrote: »

Little bit of detective work and I was able to post your image. It looks like the PPC are agreeing to set aside your judgment, i.e. set-aside WITH CONSENT. The fee for this is £100 rather than £255 but of course you do have to agree to pay the original PCN (invoice).

So if I agreed to this I have to pay another £100, alongside the cost of the original PCN (which I am guessing is £50 quid..), do I have that right?

Le_Kirk

That's how I read it. The £100 is the fee to the court for the set-aside by consent application.

henrik777

I read it that the set aside is granted and the matter is closed (pending agreement and subsequent court approval). Each party suffering their own costs. But they are silent on who pays for the consented application.

I am not sure if you are able to withdraw your application and get the £255 refunded. I guess you'd need to ask the court (if they say no, i'd imagine the same fee/hearing can be used for the now consented application).

One problem you face, is that since you didn't ask for consent prior to making the application they'll say you brought about unnecessary . Had you done so you'd be able to argue that they forced you to make an application and should foot your costs.

thehopcat123

henrik777 wrote: »

I read it that the set aside is granted and the matter is closed (pending agreement and subsequent court approval). Each party suffering their own costs. But they are silent on who pays for the consented application.

I am not sure if you are able to withdraw your application and get the £255 refunded. I guess you'd need to ask the court (if they say no, i'd imagine the same fee/hearing can be used for the now consented application).

One problem you face, is that since you didn't ask for consent prior to making the application they'll say you brought about unnecessary . Had you done so you'd be able to argue that they forced you to make an application and should foot your costs.

I'll be honest, that's how I read the letter too. That they would agree to set aside and dismiss their claim against me, as long as I don't go after them for costs.

I would happily take this all the way to court and fight for my £255 back, the only thing that is the sticking point is the remortgage. I've spoken to my broker who says he thinks there is one high street Lender worth talking to, but I'm concerned about the potential of having multiple searches on my file.

I'll ring the court tomorrow and see if I can change from a set-aside to a consent hearing due to receiving this letter.

henrik777

I'll be honest, that's how I read the letter too. That they would agree to set aside and dismiss their claim against me, as long as I don't go after them for costs.

I would happily take this all the way to court and fight for my £255 back, the only thing that is the sticking point is the remortgage. I've spoken to my broker who says he thinks there is one high street Lender worth talking to, but I'm concerned about the potential of having multiple searches on my file.

I'll ring the court tomorrow and see if I can change from a set-aside to a consent hearing due to receiving this letter.

Unless you've asked them to consent before actually making an application, you could face an uphill struggle. Further, as it would never have been allocated to the small claims track, you could actually get costs of the set aside hearing (if they actually turn up) awarded against you which could be a few hundred quid.

thehopcat123

henrik777 wrote: »

Unless you've asked them to consent before actually making an application, you could face an uphill struggle. Further, as it would never have been allocated to the small claims track, you could actually get costs of the set aside hearing (if they actually turn up) awarded against you which could be a few hundred quid.

I absolutely haven't asked them for consent, the only contact I've had with them is for a SAR request which I sent on the 30/11 via email - I'm yet to have anything else back.

My thinking from that letter is that they know that they don't have a defence in court and are hoping that I'll just let it go...which which me think no actually, why should i be so out of pocket for all this?

henrik777

I absolutely haven't asked them for consent, the only contact I've had with them is for a SAR request which I sent on the 30/11 via email - I'm yet to have anything else back.

My thinking from that letter is that they know that they don't have a defence in court and are hoping that I'll just let it go...which which me think no actually, why should i be so out of pocket for all this?

They're taking a sensible approach, taking advantage of your error to save £255.

It's possible to "win" and be out of pocket.

If you go to a judge and win, happy days. As long as you're aware of the risks, it's your call to make.

thehopcat123

Wanted to post an update, just had my court date come through and it's for April 2020.

Now this still leaves me in a difficult position because without the CCJ being removed I can't remortgage (well I can, but face horrible rates). Now I could potentially look at saving £100-150 a month on my current mortgage, so if I wait until April for the hearing I'll be gong onto a variable rate for at least 4 months, plus time for the CCJ to be removed by credit agencies, meaning my current rate might go up and I'll lose out on being able to get a better rate for about 6 months.

Now I've obviously had to pay the £255 for the set aside fee but I'm wondering if I should just agree to the CEL letter above to agree to a consent order for the judgement to be set aside, swallow the £255 to get this sorted. I don't want this to have cost me any bloody money but I feel like I'm between a rock and a hard place.