Set Aside and CCJs - please help

Interpreter

Hi team he’ll is needed please.

I got a parking charge notice from CPM a while ago for parking in a private residential space (friends apartment). The signage used to say that “parking is free after 9pm” however the signage was later changed to “parking is not allowed at any time without permit” - this was done with no notice to the residents that the parking restrictions are changing around the apartments private spaces or any clear indication to notify people of the change of restrictions.

Anyway long story short - I filed an acknowledgement of service but didnt submit a defence within the allocated time. I didn’t really have a solid reason why my defence could t be submitted in time. I now have a CCJ letter and I was just about to pay until I saw some posts here talking about a “set aside”. As far as I’ve read it requires a N244 form along with my defence I wish to propose for the set aside to be granted. Is this my best option at this point or should I just pay here as I’ve missed opportunities to fight it.

(Hoping for prompt response as I’ve read the further I leave the CCJ the worse it can get - been a week since I’ve received it)

Thanks in advance

Interpreter

Just to add:
Claim form issue date: 7 Nov
AoS: 9 Nov
CCJ dated: 11 Dec

henrik777

Interpreter wrote: »

Hi team he’ll is needed please.

I got a parking charge notice from CPM a while ago for parking in a private residential space (friends apartment). The signage used to say that “parking is free after 9pm” however the signage was later changed to “parking is not allowed at any time without permit” - this was done with no notice to the residents that the parking restrictions are changing around the apartments private spaces or any clear indication to notify people of the change of restrictions.

Anyway long story short - I filed an acknowledgement of service but didnt submit a defence within the allocated time. I didn’t really have a solid reason why my defence could t be submitted in time. I now have a CCJ letter and I was just about to pay until I saw some posts here talking about a “set aside”. As far as I’ve read it requires a N244 form along with my defence I wish to propose for the set aside to be granted. Is this my best option at this point or should I just pay here as I’ve missed opportunities to fight it.

(Hoping for prompt response as I’ve read the further I leave the CCJ the worse it can get - been a week since I’ve received it)

Thanks in advance

You're unlikely to get costs since it's your own fault. Unless it's multiple tickets, pay up, move on.

Redx

you would pay the £255 fee regardless, a judge decides if it is set aside or not, so needs a valid reason for doing so

you being tardy in not getting it in on time is no reason for a set aside, meaning the £255 could be lost and nothing changes

if you are going down the set aside route , tell us your legal reason that you will tell the judge for granting it

wrong address , not received paperwork etc are all good reason

tardiness in meeting the deadline is no excuse and not a reason for a set aside

just telling it how it is , before you waste £255 , the post above is also telling you the score, take heed , pay up , move on, in future , get stuff done and board before the ship sails

Interpreter

Tbh i’m a realist and I have no issue with accepting fate especially when it was in my hands in the first place. Just thought i’d see if had another life in this legal battle somewhere.

The only real reason I can think of is I received my letter before claim two days before a pre-booked holiday which only left me enough time to submit a AoC But then took a week out of my ability to gather my defence.

If the reason above holds no credibility then let me be lesson to all! I will pay and move on.

Side-note: if I pay - how do I request the CCJ to be removed from my record, or do I just have that hanging in there also?

Redx

any LBC was irrelevant to the actual court claim , I think you meant court claim , not LoC

the LoC is the prelim , the claim pack from Northampton CCBC was the actual court claim (MCOL)

doing the AOS to a court claim in timely fashion, gives 33 days from the date of issue to the deadline for the defence

pay the judgment IN FULL within 30 days of the date it was made and the CCJ should be expunged and your credit rating should be fine