I know, You've heard it all before. More CCJ angst

Greenwich2019

Sorry, sorry, sorry in advance...…...I am just SO, SO confused and the more I read the more confused I get.


I didn't receive 2 x parking tickets from CEL and I have now realised I have 2 x CCJ's which have only come to light now I have to pay an extortionate amount on a new mortgage.


I have read a lot around all the very useful threads but just need to ask 2 questions.


I spoke to a solicitor who advised me that the best course of action would be to apply to CEL to get their consent the CCJ's to be set aside. He said this would be the most sensible course of action and would more than likely be successful. The fact he wanted to charge me over £1500 for his time made me feel 1. Physically sick and 2. That I should research this myself. That is what led me here.


My questions are basically 2 fold if any one is kind enough to give me a bit of advice.


1. Is the fastest and most likely way to succeed in all this to do what the solicitor advised and apply to get consent to have the CCJ's set aside from CEL, take my medicine and cough up?


OR


2. Would I be better to go through the set aside £255 route as per what a lot of other scam warriors have done successfully?


IF 2. what exactly is the "Get Started" process.


I appreciate this is probably quite clear to a lot of people but I am struggling with it....…….May I list it as I understand it from the brilliantly informative posts I have read on the Newbie thread to see if I have got it right?


a) Contact the Northampton Court and get the Claim Details ( I have never received any p/wk about any of this).
b) Make an SAR (Subject Access Request) to the Data Protection Officer at CEL to get the full details of what this is all about.
c) Complete the N244 while waiting to get the SAR info (x2 in my case) attaching a 6 (7 point in my case asking for the two CCJ's to be rolled into one) point Draft Order with a Witness Statement, Default Judgement and an Order Dismissing the Claim.
d) Wait for a Hearing Date.

TBH, I just want these CCJ's to go away. I moved house and the post from my old address was never forwarded on, these apparently relate to 2017.


I sold the car shortly after the first CCJ was recorded (unbeknownst to me) and so whilst I had applied to change my V5 I never chased it up when I didn't receive a new log book as the car was no longer in my possession.

Sorry for the length of this.


Any advice is massively appreciated.

Redx

Read the posts by henrik777 in various set aside threads

Read the Newbies FAQ sticky thread near the top of the forum , reading the set aside section

The with consent is your best option

The contested set aside is dearer and fraught with having to defend the 2 tickets etc as well

The contested set aside is more usual for those people who cannot get a with consent order , plus they must have a reasonable chance of winning for a judge to grant it

My advice to you is read a dozen set aside threads until you understand each process , and which is best for you

Definitely contact the CCBC for claim details

Definitely email a SAR for all your data , tracing 2 proofs of I D such as recent redacted utility bills , plus issue that DPO with a data rectification notice , to erase your old address and insert your current address

Bear in mind this is a parking ticket forum , not legal beagles

Greenwich2019

Hi,


Yes, thanks for that. I have looked at a lot of this and it does, as you say, seem very complicated to get set aside even though I have never seen any of the paperwork for this.


I am just looking for highest chance of success and speed really. I need these CCJ's off...…..on the one hand I would have defended them if I'd known but on the other hand I just want this nightmare to come to an end.


I am due to see my MP about these scam artists but for me personally I feel it's too late and I just want it to stop but don't know where to start!


I have read the threads, a lot of them and it's great to see so many being successful.

Half_way

if discovering the CCJ was how you found out about the parking charge notices, then they is a good chance of getting a set aside.
You will need to find out why the vehicle got a parking charge and in who's car park etc

The_Deep

Before you see your MP read this.

[FONT=Times New Roman, serif][FONT=Times New Roman, serif]Nine times out of ten these tickets are scams,

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.

[/FONT][FONT=Times New Roman, serif]http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted[/FONT][FONT=Times New Roman, serif]

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.[/FONT][/FONT]

nosferatu1001

1) You reaslise that, if you have TWO CCJs, you will need to make TWO applications yes?
2) CEL are pretty bad at agreeing to set aside by consent.
They just dont get back to people quickly enough, and you only have a total of 3 weeks to get this application in, from teh date you discovered the CCJ

So do what everyone does - set aside without consent.

Id suggest you work out quickly what you want to do. You should also understand WHY you never got ANY notification from the court - two lettters, claim form plus default judgement notice - and why you didnt get anything from CEL. OR did you? If you moved, or you havent checked your v5 is correct as of the time it neeeded to be correct, thats your likely answer.

Greenwich2019

Many thanks for this, I am very grateful for any help. It's really good of you.


I have contacted the Court and they cannot advise which Car Park the alleged contravention took place in. They mention "Belle Vue", in the court documentation but there is no actual address given according to Northampton.


It does appear to be the same Car Park over a one week period in January 2018 for both contraventions but I have no idea where and have at least 2 other people on my insurance who could have been driving at that time.


We sold our flat where my car was registered on the 4th of December 2017 so it is less than a month between the sale an the alleged contraventions.


I sold my car through We Buy Any Car in March of 2018 and so I did not chase up why my new log book with new address had not been received from the DVLA.


I have always been on the Electoral register and Aviva have manged to find my new address despite me never informing them.


I sold my car on 24th March 2018 around 10 weeks after the alleged contravention.

Greenwich2019

Many thanks.


Yes.


Flat Sold 12/17
Parking Fine 01/18 (Both over a 4 day period)
Car sold 03/18


I applied for but didn't receive my V5 update and as I sold the car I saw no need to chase it up.


Can I ask...…….how would the court know I had acted past the 3 week deadline. I didn't realise there was one and not sure if I am just inside that or just outside?

I would have to check exactly when I found out...….

Redx

The court won't know the car park in question , but will be able to tell you other information like claimant , dates , reference numbers etc

The SAR will obtain further details but will take up to 30 days , which you don't have

Two set asides need to be paid for , asap

The details can follow later , when you obtain them from CEL

If a judge asks you when you found out , or if the set aside asks you , being truthful is how they would know , the point is to act promptly , so today's phone call will trigger a start date if nothing else does

Greenwich2019

Thanks Redx


Going through the stuff now and adapting the docs from the Newbie and Set Aside threads as you suggested.

Greenwich2019

Would it be OK for me to post my version of what I am sending attached to my N244?

How could I ask the court to accept both N244's at the one hearing (I believe this should be point 7 of my Draft Order) should I use any particular wording or just mention the other CCJ number?


Thanks in advance