Received a CCJ. Due to a parking ticket that was posted to old address. CEL

jodiddy11

Understood about other readers. This was a mistake on our behalf as we truly believed we had no chance to get the ccj off our record.
We can continue to argue the point that we neither received the PCN or debt collector letters or notice to serve a ccj to our old address - or we would have acted promptly to avoid this completely. Is it worth continuing with the mandatory set aside still Henrik? 

henrik777

Probably worth continuing.

Set out a proper timeline.

nosferatu1001

Mandatory set aside ha no requirement to be prompt
discretionary does. 

jodiddy11

So.... we got a reply and it was as expected. They said they wil not pay for a consenting set aside as they did contact us after we first spoke to them last year. They've said if we pay £197 they will consent to a set aside. Again at our cost.

Am I right in thinking it would still be the judges decision as to whether we get the judgement set aside and this is not guaranteed? Would I still need a WS? So confused. 

😭

nosferatu1001

No reason to be confused
Whether you go for consent or without consent, the judge decides whether the set aside is granted or not. With consent - never seen this refused. Without consent - can only think of one or two cases, and they were badly put together.
If you go for a with consent you should not need a WS because you are never giving evidence. WIthout consent you will need a WS. 

jodiddy11

Thanks very much for the advice Nosferatu 

jodiddy11

nosferatu1001 said:

No reason to be confused
Whether you go for consent or without consent, the judge decides whether the set aside is granted or not. With consent - never seen this refused. Without consent - can only think of one or two cases, and they were badly put together.
If you go for a with consent you should not need a WS because you are never giving evidence. WIthout consent you will need a WS. 

So will I need to go to court if this is set aside and if so will I need to provide any evidence of why it is to be set aside. Ie: did not get the original fine/and any other correspondence. Sorry to appear silly. The advice is somewhat different whatever you read and confuses me.
Many thanks. :-) 

nosferatu1001

You cannot ask that question, because there are two sets of answers. With and without consent are two different routes. 

X with consent - no court. That's why the fee is only £100. You're not defending the claim to show discretionary reason for set aside. 

- without consent then you provide a WS showing why you should be granted the set aside (cpr 13.w reason of they failed to serve the form), evidence to support that WS, and a draft defence to allow discretionary set aside. 

You need to understand the difference and once you do, you will see why there are different answers. 

Coupon-mad

So will I need to go to court if this is set aside and if so will I need to provide any evidence of why it is to be set aside. Ie: did not get the original fine/and any other correspondence. 

Yes, if they do not consent to set aside.   Read loads of other set aside threads, we have tons and none are refused either way, these days.

PLEASE NOTE CONSENT TO SET ASIDE DOES NOT INVOLVE YOU PAYING THE PCN!

jodiddy11

Thankyou. 1 more question. Will I have to pay the court the £350 on top of CELs £197 and £100 set aside?