county court business centre regarding parking fees

solomey1234

Le_Kirk said:

Do not pay as it will only mark it as satisfied and it will be there for 6 years.  You should file for set-aside but you really need a GOOD reason for filing a late defence.  It is worth it because with an amount between £200 and £300 it seems like they have added a spurious amount for debt collection admin and using the standard defence (if it is accepted after the set-aside is granted) it could get the original claim struck out.

OK, need some clarification when completing the n244 to request for set a side, it requests evidence to be submitted, is that only relevant to why am late at filing a defence or do include my defence statement at this point? 

Coupon-mad

Do you have good reason?  Illness, being a keyworker, home-schooling kids due to the lockdown?

Umkomaas

Le_Kirk said:

Do not pay as it will only mark it as satisfied and it will be there for 6 years.  You should file for set-aside but you really need a GOOD reason for filing a late defence.  It is worth it because with an amount between £200 and £300 it seems like they have added a spurious amount for debt collection admin and using the standard defence (if it is accepted after the set-aside is granted) it could get the original claim struck out.

LK - the judgment date was 07/07 (three days ago), so, if he wishes, the OP has time to pay the CCJ and expunge this CCJ from his credit file. 

Unless I've missed something ..... ?

Le_Kirk

Umkomaas said:

Le_Kirk said:

Do not pay as it will only mark it as satisfied and it will be there for 6 years.  You should file for set-aside but you really need a GOOD reason for filing a late defence.  It is worth it because with an amount between £200 and £300 it seems like they have added a spurious amount for debt collection admin and using the standard defence (if it is accepted after the set-aside is granted) it could get the original claim struck out.

LK - the judgment date was 07/07 (three days ago), so, if he wishes, the OP has time to pay the CCJ and expunge this CCJ from his credit file. 

Unless I've missed something ..... ?

No, you are right, I was still waiting for judgment day (well date more correctly) when I posted and also thought someone had posted that it was over thirty days ago.  However, is it good practice to pay and then apply for set-aside as it might make it difficult to regain the payment.  That is a question, not a suggestion, no doubt @henrik777 will be along to comment.

henrik777

As i see no reason why you can't pay AND set aside, paying seems to be the easiest way to protect yourself.

Perfectly possible to get a set aside.

Cases where the court may set aside or vary judgment entered under Part 12

13.3

(1) In any other case, the court may set aside(GL) or vary a judgment entered under Part 12 if –

(a) the defendant has a real prospect of successfully defending the claim; or

(b) it appears to the court that there is some other good reason why –

(i) the judgment should be set aside or varied; or

(ii) the defendant should be allowed to defend the claim.

(2) In considering whether to set aside(GL) or vary a judgment entered under Part 12, the matters to which the court must have regard include whether the person seeking to set aside the judgment made an application to do so promptly.

(Rule 3.1(3) provides that the court may attach conditions when it makes an order)


That's the criteria.


However it's unlikely you'll get costs, so is it worth it ?

Le_Kirk

Thanks @henrik777 for clarifying the matter (for me at least).

Umkomaas

Le_Kirk said:

Thanks @henrik777 for clarifying the matter (for me at least).

Moi aussi. Merci. 

chadders06

I am another newbie on here needing advice. I hope you will be gentle with me because some of the replies I have read have been pretty abrupt to say the least!
My daughter parked her car in a car park run by Excel and they claim she had no parking ticket. This was on the 18/5/2017.
She has now received a letter from the County Court Business Centre with a claim for £185. It was issued on the 8/7/20.
If this is not a scam - reading the previous links it appears not? - then how do I advise her to proceed when it was such a long time ago so she won't remember any details and she now teaches in a foreign land with little interest in returning to the UK for the forseeable future. Any advice would be appreciated.

Coupon-mad

and she now teaches in a foreign land with little interest in returning to the UK for the forseeable future. 

Then it won't affect her to get a CCJ in the UK? 

You need to start your own new thread once you've read the NEWBIES thread second post and tell us the issue date of the claim form.

Don't reply please on this thread; this is not your thread.  My signature tells you how to hop back to page one.

chadders06

Thanks for the reply from Coupon Mad. I hope I am replying in the right place. The claim was issued on the 8th July 2020.
I am in a quandary about what to do about this - I know my daughter will not do anything with this because she is completely 'out of it' at the moment and would take the view that a CCJ won't effect her as she is abroad but I worry for the future and would like to do what I can.