Just discovered CCJ on file - can probably get original ticked cancelled - what to do about CCJ?

Sohail12345

Chucky1000 said:

Hi, just thought I'd come back & let people know the outcome.
Son had set aside hearing recently by phone (this was the second attempt - BWLegal requested for the first date to be changed, on the actual day, as they said they weren't ready even though they'd had my son's paperwork for weeks). Even with two extra weeks they didn't get their paperwork in until 2 days before and the judge didn't get it at all! They tried to argue that as they were all working from home due to Corona virus they hadn't been able to do it any sooner. Judge wasn't impressed, especially as my son has been working 60 hours a week throughout lockdown as a key worker & still managed to get his act together.
Judge was v complimentary about son's draft defence (thanks all on here for help with that) and outcome was as follows:
It is ordered that:
1. The judgement dated xxxxxxx is set aside on discretionary grounds;
2. The claim is dismissed on discretionary grounds;
3. The Claimant pay the Defendant's costs of the application in the sum of £255.
Great result! Thanks again everyone.

Hi

When are you expecting the small claims court hearing, which follows a set aside, it does not end at this success? 

Coupon-mad

It does in this case, if this is true:

2. The claim is dismissed 

nosferatu1001

Sohail - not sure you read the same thing we have?
the claim was dismissed. That means there is no hearing. 

Chucky1000

Yes, we read it that it means it's totally dismissed. He's had the costs back and no other communication from BWLegal - so assuming it's done and dusted.

henrik777

Chucky1000 said:

Hi, just thought I'd come back & let people know the outcome.
Son had set aside hearing recently by phone (this was the second attempt - BWLegal requested for the first date to be changed, on the actual day, as they said they weren't ready even though they'd had my son's paperwork for weeks). Even with two extra weeks they didn't get their paperwork in until 2 days before and the judge didn't get it at all! They tried to argue that as they were all working from home due to Corona virus they hadn't been able to do it any sooner. Judge wasn't impressed, especially as my son has been working 60 hours a week throughout lockdown as a key worker & still managed to get his act together.
Judge was v complimentary about son's draft defence (thanks all on here for help with that) and outcome was as follows:
It is ordered that:
1. The judgement dated xxxxxxx is set aside on discretionary grounds;
2. The claim is dismissed on discretionary grounds;
3. The Claimant pay the Defendant's costs of the application in the sum of £255.
Great result! Thanks again everyone.

When you came to the forum that's absolutely at the top end of expectations for a possible result, very nice.

Yet i'm a little sad that a 3 year gap hasn't produced a mandatory set aside, although you haven't said the judge said no so i'll assume they ignored the point which is trivial to the result gained.

Chucky1000

Sorry - missed out half the sentence  - point 2 should read:
2. The claim is dismissed on discretionary grounds, due to the claim being deemed to fail.

nosferatu1001

Which is great. Means they read the defence and decided the claimant has zero chance of success, and they aren't willing to waste any court time 

Chucky1000

Yes, it's just a shame people have to go through so much angst and stress and spend so much time to fight these things when clearly they are a waste of court time. Couldn't have done it without a forum like this though!

Coupon-mad

Brilliant stuff!

One more thing to do please - make sure you give your comments to the public consultation of the new CoP as an when it comes out for pubic comment.  Changes need to be made to CCJ rules, to make it easier to prevent or remove an exaggerated doomed parking claim that damages people's credit rating and ruins their life for years.

Chucky1000

Yes, will do. Thanks.