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CCJ - Unsure If I can fight it!

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  • Coupon-mad
    Coupon-mad Posts: 151,511 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 20 September 2021 at 1:10AM
    If you now fail to adhere to a Court Order, and ignore it, the Claimant will point that out to the Judge and ask for ALL their costs to date, on top of the claimed amount and if they sent a hired gun legal rep to the CCJ hearing and spent time on a witness statement with the assistance of a solicitor or legal team, their wasted costs will be far more than the CCJ was.

    Don't even think about it!  No unreasonable conduct.

    Failing to comply with Orders and/or not attending the final hearing opens a huge can of worms and they will seize the chance to wail for their costs that they cannot otherwise claim, absent the unreasonable conduct.

    Re that defence, remove the bit after 'furthermore' because you have admitted to driving so you can't use the POFA 2012 at all.

    Keep this bit though:
    The Claimant’s Approved Trade Association, the International Parking Community (“IPC”), mandates that a minimum 10 minute grace period must be allowed before any parking enforcement occurs.

    Also, all paragraphs must have a paragraph number so you simply renumber the rest of the template if you happen to need more than just para 3 to set out the facts.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • BangeF2
    BangeF2 Posts: 120 Forumite
    100 Posts Second Anniversary Name Dropper
    ok ive sent off my WS with defence and the evidence. Thank you for you help. 

    @Coupon-mad
    @Le_Kirk
    @Redx


    Now to move onto CCJ 2:

    CCJ 2 set aside was dismissed by the courts. They said that the permission to appeal was refused and that this is 'Final Order'. Any further application for permission to appeal much be made by 4pm on 27th October 2021 to a Circuit judge at the county court in central london

    whats my first step? Do I need to fill in a form to appeal to the circuit judge? Ive already googled this and theres been zero help for what to do after a set aside and how to reappeal. 

    Reason for my appeal:

    This CCJ was lodged at the bottom of the first CCJ SAR file 
    I wasnt given a proper hearing for this CCJ as both CCJ's were combined into one hearing due to a admin issue at the courts. 
    The CCJ for parking charges of the same nature as CCJ one 
    I was easy to be found and they could have tried.


    Question : this CCj is not currently showing on my actual credit file. I wonder if i poke and prod at it, it will actually end up showing or if its best to leave it alone...?
  • Coupon-mad
    Coupon-mad Posts: 151,511 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Ask the local court to confirm the right form and fee.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • BangeF2
    BangeF2 Posts: 120 Forumite
    100 Posts Second Anniversary Name Dropper
    ive called and email but no reply yet. Ive sent another email of urgency with high priority today, and when I call the number is busy and then disconnects me. Ive tried to find other number online and called CCBC but they said to call the courts with the hearing! Any other suggestions?

    Coupon-mad said:
    Ask the local court to confirm the right form and fee.

  • ok so finally got some info on the form etc after calling up a few different places. 

    So the central london courts think the right form to appeal is the N161 instead of the N164 as it isnt in the small claims track yet or anything like that. I called up a helpful and spoke to a retired judge (sweetest man ever lol) and he took me through the form which helped me to understand what i need to include in terms of my evidence. This is along the lines of 
    1. application form n161
    2. grounds of appeal
    3. seal copy of the judgement or order you are appealing
    4. copy of any order giving or refusing permission for the order appeal
    I dont have any paper work except the county court judgement decision which came in a few days after the hearing so i plan to just refer to that, unless you guys think otherwise? 

    I also asked him about my prospects for appealing and he said 'well they went to the DVLA ' and i explained how it was an honest mistake due to a testing year which is why i didnt update my records and it feels unreasonable for all of this to have happened over CCJ claim form costs of £200ish quid. 

    SO - the point i plan to make with my CCJ appeal is how this will impact me and my human right in terms of a right of a family (article 8) and how it will stop me from living an independent life as i will be unable to get finance or a mortgage or anything else of tht nature with a ccj. 

    I am a single woman living in london and im not sure my case will be as strong as someone who maybe has a kid, so i just want to ask what other grounds i could highlight to help me appeal my case? 

    @Coupon-mad
    @Le_Kirk
    @Redx



  • D_P_Dance
    D_P_Dance Posts: 11,591 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Most people can be traced by searching electoral rolls, telphone directories, 192.com, and Companies House Beta.  
    You never know how far you can go until you go too far.
  • BangeF2
    BangeF2 Posts: 120 Forumite
    100 Posts Second Anniversary Name Dropper
    D_P_Dance said:
    Most people can be traced by searching electoral rolls, telphone directories, 192.com, and Companies House Beta.  
    so it would be to argue that the DVLa didnt have to be the first source of info for the correct add (although they will argue well its a car company and therefore this is where they went first for car details and address!), and if they weren't hearing back from me why didnt they check the other places? What CPR, article or evidence would be helpful to demonstrate this? 
  • BangeF2
    BangeF2 Posts: 120 Forumite
    100 Posts Second Anniversary Name Dropper
    also any want to answer this Question : this CCj is not currently showing on my actual credit file. I wonder if i poke and prod at it, it will actually end up showing or if its best to leave it alone...?
  • D_P_Dance
    D_P_Dance Posts: 11,591 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    IMO, people who seek judgements by default should be extra careful to ensure that they have the correct addrss for the person.  A JBD can be extremely time consuming for someone to have set aside. 


    You never know how far you can go until you go too far.
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