CCJ N244 Application to set aside judgement advice

Dougsboy32

Thank you for the clarification. I was not aware of that - hence the question.

Redx

But that is the case in every court case for one PCN from a private parking company !!

Those charges add up to £100 , plus a £100 PCN , totalling £200 max , as long as it's not multiple PCN,s

Some people pay less , there was one on here this week that lost and paid £150

Read more threads , you learn more as you read , like me

Dougsboy32

My biggest concern was that now I have been successful in having the CCJ set aside I could end up getting another one if I lost the case. Having a CCJ puts my employment in jeopardy because of the sector in which I work. Hence considering to negotiate. If losing the case does NOT mean another CCJ then I am happy to continue fighting as I do not believe that the original PCN was justified, and have photos etc to defend my position. 

Le_Kirk

You only get a CCJ on your record IF you lose the case and THEN fail to pay whatever the judge decides and before the deadline set by the judge.

Coupon-mad

No risk at all if you follow our guidance.  The rare losses, disappear when people pay within 30 days.  No CCJ remains.

Johnersh

My biggest concern was that now I have been successful in having the CCJ set aside I could end up getting another one if I lost the case.

*positions soapbox, clears throat*

A great wrong is done to the population when an adverse court judgment (A) is conflated with an undischarged debt following an adverse court judgment (B) 

Colloquially, people often refer to a CCJ. In doing so, they mean B. One can see that someone who ignores a court order to pay money is potentially "risky" to a number of industries and that is why there is a register.

In category A there are thousands of genuinely disputed debts.  The court is final arbiter and, provided, the ruling is then complied with (ie. You stump up the dollar as ordered and on time) the world still turns and there is no bad debt.

Redx

Bargepole has mentioned in a previous post that you pay the claimant in full as you leave the court room , in other words , asap

It's ignoring the judges order that results in the.ccj , trashing your credit rating and possibly causing employment issues , paying it promptly us the key to success

So , Just pay in full , promptly , if it comes to it

Dougsboy32

I've been in touch with the court and they say that were backed up even before the Easter break. As a result they say that I will not receive any official outcome of the set aside appeal, nor directions until probably after the deadline for the submission of my defence. Should I treat this situation the same as if it was my first court date and send defence/WS to court and claimant, or is it different in this case?

Coupon-mad

I am confused as to what Order is in play, what defence deadline are you working to?

Dougsboy32

I was successful in my application to have the CCJ set aside. The claimant said that they still wanted to pursue the matter of the alleged parking offence so the judge gave me two weeks to submit my defence - so April 12th. I was still somewhat wobbly/euphoric after the judgement and failed to clarify the position with the judge, so contacted the court subsequently to reconfirm what I had to do.

They said they could not give me legal advice, which seems to be their favoured response to any question - but I do appreciate how busy they must be. It still was not helpful so I asked them again whether I was going to get an official document summarising the hearing outcome so that I could start to try and repair my credit rating, and also fully understand what I had to do next. They said that their admin was backed up, that my directions letter was in a large pile with others waiting to be typed, and that I would probably get it in a few weeks.   

I pointed out that as I only had two weeks to file and would therefore probably not receive it in time I was seeking clarification: was this essentially a repeat procedure? Did I have to send my defence just to the court or to the claimant too, as I had to do for the appeal? Would I be submitting my WS at this time or would that be for later? As the hearing was now over/concluded would there be a new case number allocated for the next stage or was the hearing case number the one to use? If I was unsuccessful in contesting this PCN would I get another CCJ?

This was all obviously too much for them and the brief reply was to just submit my defence by the deadline using the same case number, and be aware that yes - I could get another CCJ if unsuccessful. Again not stunningly helpful, and not entirely correct I thought - hence me reading to you good people (again)

So from what I understand now I just need to submit my defence to the court and the claimant using the standard template from the Newbies thread, changing paragraphs two and three to suit. Prepare the WS but do not submit at this time. Wait to hear back from the court and the claimant, and follow instructions when I get them from the court to prepare for the hearing. Should I lose the case I will need to settle with the claimant right away to avoid any chance of getting another CCJ. Is that about right?