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CCJ - Unsure If I can fight it! - Page 3

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CCJ - Unsure If I can fight it!

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  • nosferatu1001nosferatu1001 Forumite
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    1) you didnt include the dates of the LBCs! THATS PART OF THE TIMELINE!
    it. must. be. complete. because you will have to explain this to the court as well, as to why you didnt get anything from the C and why you should be allowed to potentially waste court time by having an actual hearing.
    2) Not confusing. Looks like they're chasing 4 PCNs, not 10 or so. However if you look, and im shocked you didnt mention this, they repeated the same date 3 times. Guess their roboclaim software messed up. 
    3) They dont know who the driver is. BUt they state the driver agreed to pay by conduct. Its literally how all parking charges are made "valid" - a sign offers a contract, that states you pay X amount, and part of it is that you pay wthin 28 days. 
    4) You havent mentioned the abuse of process, of adding £60 per pcn. This is obvious to do so. 
    5) You can of course set aside a judgement, regardless of it appearing on your file. They have a judgement, they can still enforce it against you. 
  • BangeF2BangeF2 Forumite
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    1st CCJ Letter before claim: 1st May 2019 

    2nd CCJ Letter before claim: 26th September 2017

    I really appreciate your support however this is all completely new to me and I'm still learning about what details to pay attention to and how I will state this at the court. Thank you for your patience. 

  • nosferatu1001nosferatu1001 Forumite
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    No, insert it into the timeline, and the address it was sent to
    What youre trying to do is demonstrate that the claim form was never served
    That they sent LBCs to your real address (but you didnt get them?) and then filed against the old address obviously helps 
    So you need to show that. 
  • edited 14 July at 2:52PM
    Coupon-madCoupon-mad Forumite
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    edited 14 July at 2:52PM
    Also I did not agree to this >> 'THE DRIVER OF THE VEHICLE AGREED TO PAY THE PCN'S WITHIN 28 DAYS OF ISSUE YET FAILED TO DO SO.' Where would they have got that info from?
    Please don't ask that.  Drives me mad when people think that means they 'agreed to pay' in writing.  Of course it doesn't mean that. This part means nothing useful at all and is nothing to focus on.

    Why not simply follow & copy the examples I linked in the NEWBIES thread about set asides, that shows exactly what to send to the court and when and how, and how to prepare for the hearings. 

    NO LINK GIVEN OR NEEDED.  MY SIGNATURE TELLS EVERYONE WHERE THE PAGE ONE LINK IS (ON EVERY PAGE AT THE TOP) AND WHAT IT LOOKS LIKE.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • henrik777henrik777 Forumite
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    Claim x

    Date(s) of parking events.
    Date of LBC (old/new address)
    Date of claim
    Date of default judgment
    Date of any communications using NEW address.
    Date of house move.

    Date DVLA informed.

    Date council, electoral roll etc

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  • henrik777henrik777 Forumite
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    Claim 1
    They appear to have had reason to believe you no longer resided at the address court papers were sent to and the LBC sent to your new address is excellent proof of this. It would appear they were not entitled to default judgment and a set aside under cpr 13.2 should be pretty straight forward.

    Claim 2 

    5 months from parking event to claim. Given no response one could argue they had reason to believe the address had been vacated but that's far from a given that a court will agree. I'd say a simple trace should've been carried out but will a judge ?

    A discretionary set aside is a better prospect but you must act promptly. personally i'd argue defective service with the discretionary set aside my 2nd option.
  • BangeF2BangeF2 Forumite
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    henrik777 said:
    Claim 1
    They appear to have had reason to believe you no longer resided at the address court papers were sent to and the LBC sent to your new address is excellent proof of this. It would appear they were not entitled to default judgment and a set aside under cpr 13.2 should be pretty straight forward.

    Claim 2 

    5 months from parking event to claim. Given no response one could argue they had reason to believe the address had been vacated but that's far from a given that a court will agree. I'd say a simple trace should've been carried out but will a judge ?

    A discretionary set aside is a better prospect but you must act promptly. personally i'd argue defective service with the discretionary set aside my 2nd option.
    Thanks so much for this. 
    Would Claim one be a mandatory set aside? Just want to make sure in terms of wording.
    I will include both of these in my draft write ups and post here to check with you wonderful people asap. Hopefully by the end of today.

    I work full time running my own therapy and coaching biz and trying to juggle things around the best I can and make this priority! thank you again :)

  • Coupon-madCoupon-mad Forumite
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    Have I missed it or have you still not got a copy of the claim forms from the CCBC, showing the address the claim forms went to?  NOT THE LBC.
    07/10/2017, 07/10/2017,07/10/2017
    LOL!  That's easy to deny then, there were not three PCNs on the same day.

    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
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  • nosferatu1001nosferatu1001 Forumite
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    Mandatory set aside - read CPR13.2  and accompanying
    Claim was never served
    if it was never served then the time limit to defend never started
    If it never started it could never expire 
    If it could not expire they cannot apply for default judgement as you can only do so if the time to defend has expired.
    Does this make sense? 
  • henrik777henrik777 Forumite
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    Mandatory set aside - read CPR13.2  and accompanying
    Claim was never served
    if it was never served then the time limit to defend never started
    If it never started it could never expire 
    If it could not expire they cannot apply for default judgement as you can only do so if the time to defend has expired.
    Does this make sense? 
    No, because they did apply for, and were granted, a set aside  :D

    But yes, the circumstances are as you describe, they were not entitled to it and it should be set aside.
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