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CCJ - Unsure If I can fight it!

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  • D_P_Dance
    D_P_Dance Posts: 11,591 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Saying what?
    You never know how far you can go until you go too far.
  • Coupon-mad
    Coupon-mad Posts: 151,665 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 21 December 2021 at 4:49PM
    Do what the order says is your only option.
    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
    edited 7 April 2022 at 8:59AM
    update on CCJ one that was set aside. 

    I have received a letter from the courts saying that the court has changed to one in another part of england (unsure why as both parties are in london) 

    and also that and order has been made by the court of its own motion under the case management powers set out in Part 3 of the CPR 1998. and that any party affected may pay the appropriate fee under rule 3.3 (5) to ave it set aside, varied or stayed. Application needs to be made within seven days. I am now on day 2!

    How would it be best to deal with this? im unsure what I need to send off to the courts and how to proceed further? 

    @Coupon-mad
    @D_P_Dance
  • Coupon-mad
    Coupon-mad Posts: 151,665 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 7 April 2022 at 11:56AM
    How far away is it?  

    You could respond saying it seems like an error as both parties are in London.  Worst that can happen is they say 'get lost' or 'if you want to object to this Order. pay a fee (in which case you wouldn't pursue it and would hope for a telephone hearing).
    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
    How far away is it?  

    You could respond saying it seems like an error as both parties are in London.  Worst that can happen is they say 'get lost' or 'if you want to object to this Order. pay a fee under 3.3 (5) (in which case you wouldn't pursue it and would hope for a telephone hearing).
    it four hours away by car. Yes im planning on calling and seeing if they can re allocate. 

    My question is how do I proceed with responding to this order? What form do I need to complete? How does one respond to a CMP Part 3 of CPR 1998? What fee would I need to pay to have 'it' (what are they referring to? the ccj? I thought it was set aside already?) set aside, varied or stayed? 
  • Coupon-mad
    Coupon-mad Posts: 151,665 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 8 April 2022 at 4:00PM
    You are not doing any of that.  As I already advised, you are not applying nor paying a £108 fee.  You are just querying it.
    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
    You are not doing any of that.  As I already advised, you are not applying nor paying a £108 fee.  You are just querying it.

    ok so if i dont respond at all to it, then what will be the outcome? im confused. 
  • Coupon-mad
    Coupon-mad Posts: 151,665 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 8 April 2022 at 5:39PM
    That wasn't my advice.

    I never said 'don't respond at all'.

    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
    edited 9 April 2022 at 2:58PM
    That wasn't my advice.

    I never said 'don't respond at all'.

    then what is your advice? Just to query it via telephone? im not sure how this is a direct act in dealing with the order as it says I need to make an application?

    What are my options in dealing with this order? Ive looked online but there isnt any clear guidance as to how to deal with this? What application do I need to make? 

    Please can you be explicit and clear with your replies to avoid wasting time. 

    I already called them and they said they didnt have the file to hand and to all back on Monday. 
  • Coupon-mad
    Coupon-mad Posts: 151,665 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    How far away is it?  

    You could respond saying it seems like an error as both parties are in London.  Worst that can happen is they say 'get lost' or 'if you want to object to this Order. pay a fee (in which case you wouldn't pursue it and would hope for a telephone hearing).
    As above.  That's my advice.

    When I said 'respond' I didn't mean make a phone call, that would be worth the paper it's written on.  

    Given where you are at in a very long court process where you know everything has to be put in writing, I'm surprised if advice to 'respond' wasn't clear (but to be explicit, no, not a phone call).

    What I am wondering though, is if the court has passed it to a fully independent Circuit judge (elsewhere) to review and hear the case,  because up until now you've been banging you head against a brick wall with the local Judges.

    That might be a good thing but four hours by car seems extreme!
    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
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