I have received a CCJ on my credit score

Backhereagain

Coupon-mad said:

You misunderstand - I was telling you we haven't had any court refuse a set aside application!

I was telling you that we know that courts will almost certainly agree.

No-one cares what the stupid thug ex-clamper PPCs and robo-claim solicitors say...and certainly we've already said until we are blue in the face, to all such posters, that SETTING ASIDE A CCJ DOES NOT MEAN PAYING THE STUPID PARKING CHARGE!

So, because you know that, you know you will be refusing their 'kind offer'.

nosferatu1001 said:

I dont get whats hard about that letter
Theyre just saying they will consent to a set aside if you pay them £85
Why on earth would they offer that, unless they know or suspect theyre gonna lose the set aside, be made to pay £255 to you, and still have to decide if they want to proceed with a claim or not. EVen if they win the claim, they will have lost around £200 on top of the £255 on paying a solicitor.
I'm hoping you can see theyre not doing this out of the goodness of their hearts. Its a commercial decision. This way they at least get *something*.

Coupon-mad said:

And you will not fall for it...

twhitehousescat said:

WITHOUT PREJUDICE SAVE AS TO COSTS 
 we reserve the right to show this letter to the judge on the issue of who should pay the costs of your application. 



too many "violations" for my likeing"

I giggle like a schoolboy when I read your replies, these parking thugs have had a lot of money off me in the past, like when they came and clamped my car a quarter to 5 on a Friday evening knowing I would get out of work and have to pay that right away to get the clamp off and I wouldn't be able to appeal with the courts as its now closed for the weekend! that was for an unpaid fine that I didn't receive in the post. just clamped and £500 paid right there and then, it is connected to this case as this is when I realized that the DVLA hadn't updated my new postal address.Marsdens clamped the car, is there any way to get that money back??

nosferatu1001

Well you gacve us no facts to go on, so I'm going with "no"

Coupon-mad

that was for an unpaid fine that I didn't receive in the post. just clamped and £500 paid right there and then, it is connected to this case as this is when I realized that the DVLA hadn't updated my new postal address.Marsdens clamped the car, is there any way to get that money back?

If it was about an unpaid COUNCIL PCN then I'd post about that other one on pepipoo.

Backhereagain

HI guys, Please help...
received a call from the court today, about this CCJ<

The judge stated that civil enforcement has claimed that they have sent me a letter to my old home address, and they have said that they agree to set a side the whole judgment aside...

IF i...

File the full defence to the courts and serve a copy to the claimant

The court will take it up ,there, after.

and...

get in touch with civil enforcement to negotiate the payment. These are the words the judge said to me.

Can someone please explain what a defence to the court means? where I can find it or make it?, and why would they agree to set this a side on the them grounds as it seems too simple.Is this what I want? And is there anything i need to watch out for?? I know these criminals and it sounds too easy

Le_Kirk

You will find a template defence as one of the first five announcements on the first page of the forum.  You surely though, after 13 pages of forum activity and having submitted a set-aside application, know what a defence is.  You would have been advised to have a defence "in your back pocket" in case the judge asked about the likelihood of being able to defend the original claim. Don't understand why the court would ring you and advise you to negotiate with CE unless they are talking about paying the set-aside with consent fee of £100.  You do not want to be paying the original PCN though.  When you have compiled your defence using the standard template and adjusting paragraphs 2 & 3, post JUST THOSE TWO PARAGRAPHS here for critique.  Then send it to the court by e-mail.  You must send a copy to the claimant also.

Coupon-mad

Of course you don't have to get in touch with CEL to negotiate or settle it.  Judges almost always suggest that in every case, to reduce the court burden.

You haven't been here since July so we assume you made an application to set aside the CCJ and this hearing was about that, and it was agreed because CEL faiked to serve the claim to your correct address - great!  Step one achieved.

At the top of this very forum, there is the TEMPLATE DEFENCE thread. Can't get much easier. 

Did you ask for your £255 court fees to be ordered to be repaid to your by the Parking Firm?  Or did the Judge say 'costs are reserved'?  Or didn't you have to pay the court fees for today's hearing due to getting court help with fees?

Backhereagain

guys i am not sure what my defense is, saying that it is in the newbies doesn't help. I don't even know what my defense is for///// a lot of defenses say that they weren't driving the car....is it illegal for me to say that? The truth is my car was over heating and I had to pull over is that valid>>> shame to get to this stage and !!!!!! it up I have until Friday to send the defense to the civil enforcement and to cc business centre.... please someone help me./

Redx

In paragraph 2 you either state you were keeper , keeper and driver , or cannot remember , you do not lie as that would be perjury

In paragraph 3 you set the scene for the judge , as concise as possible , plus any legal arguments , so as in catchphrase , say what you see , what you know and said above, then you will get help to hone it

The rest of the defence ( no S in DEFENCE ) is left untouched , so just show us your adapted paragraphs 2 and 3 below

Ps , you were asked questions and ignored those questions above , so answer them !!

KeithP

@Backhereagain, are you going to bother to answer any of the questions you are being asked?

The last post on your thread before you posted today asked three questions.
You have had eleven days to read and understand them, yet you appear to have ignored them. 

This is not a one way street. You need to do your bit.

Backhereagain

Redx said:

In paragraph 2 you either state you were keeper , keeper and driver , or cannot remember , you do not lie as that would be perjury

In paragraph 3 you set the scene for the judge , as concise as possible , plus any legal arguments , so as in catchphrase , say what you see , what you know and said above, then you will get help to hone it

The rest of the defence ( no S in DEFENCE ) is left untouched , so just show us your adapted paragraphs 2 and 3 below

Ps , you were asked questions and ignored those questions above , so answer them !!

yes, this is where the dog spins chasing his tail. please put a link to what you mean for paragraphs 2 and 3 as this website utter chaos and very hard to navigate for a newbie like myself and I cant find the defense you mean
 many thanks