CCJ set aside by consent, CHALLENGED

DancingAlfie88

Hi all! 

Very nervous posting on here after being a student of this forum since June! 

Cut a long story short, I am very unlucky 😅.  

-   Discovered a surprise CCJ from the gorgeous PE in June that was issued to me in March 
- Didn't receive an ounce of paperwork from PE or CCBC 
- My next door neighbour has also had multiple important documents missing in the post in the same time frame
- After studying this forum SUCCESSFULLY got a set aside BY CONSENT from PE! 

- Sent it to the courts, paid the fees, played the waiting game AND....... 

It has been deferred!!!! 

They are challenging it, asking for proof? And the grounds for a good defence?  Also asking me to clarify if I intend a stay with Tomlin Order?

I hastily wrote a letter to the legal advisor dealing with the case with evidence of my neighbour complaining to Royal Mail about missing documents. But I’m afraid that this Whole thing is going to haunt me for the rest of my life. 

I am also not denying the parking charge at this point, I have no grounds to from my recollection. I pulled up, took a phone call and left without buying a ticket? Didn’t even think about it, But after further research Im now thinking I need to quickly get another defence letter in stating I do defend the original charge? 

My whole goal was to remove the CCJ as it was served unlawfully (without me knowing!) not to avoid paying a fine if I was rightfully in the wrong? 

The impact this whole situation has had on my mental health has been enormous. 

SEND HELP SOS. 

Thankyou in advance for everything I have learned that has got me this far with my fight! 

henrik777

They are challenging it

The court ?

DancingAlfie88

henrik777 said:

They are challenging it

The court ?

 

Yes sir! Well... County Court Business Centre.

 I can not find anything surrounding this on the forum,

The letter I have states; 
‘There needs to be real prospect of a successful defence or some other good reason for the court to exercise its discretion. Details are required as to why the defendant didn’t receive the papers including a relevant timeline.’ 

I rang CCBC prior to submitted the signed Tomlin Order and ask if there needed to be any additional information to support the order and they told me simply no. So away the Tomlin Order went. 

I know set asides by consent aren’t guaranteed, so any help or advise would be grateful appreciated 😊

BrownTrout

Whos your legal advisor?

Redx

Set aside by consent costs £100 and by definition you are not contesting the original PCN or court case

The contested set aside costs £255 , defending against the original court claim by PE

You stated it's the cheaper one , but they seem to believe it's the dearer one

Confusing ?? Yes , your account is confusing , it's one or the other , you don't get a contested set aside for £100 !

Why are you posting on here if you have a legal advisor. ! ?

DancingAlfie88

BrownTrout said:

Whos your legal advisor?

‘Legal Advisor Sutcliffe has deferred your Application and had commented....’ 

Legal advisor Sutcliffe, if you’re listening... I’m a self employed, self made, single 20 something year old female, fighting for a fair chance to be successful in this world with my small business that I love. That was almost taken away from me during this pandemic as I had to close my doors with £0.00 financial support from the gov. I know they don’t care about this kind of thing, but because I couldn’t take any credit, I literally had to fight And take a second job to stay afloat. 

I’m just so drained now, 

Thankyou for your replies so far! 

DancingAlfie88

Redx said:

Set aside by consent costs £100 and by definition you are not contesting the original PCN or court case

The contested set aside costs £255 , defending against the original court claim by PE

You stated it's the cheaper one , but they seem to believe it's the dearer one

Confusing ?? Yes , your account is confusing , it's one or the other , you don't get a contested set aside for £100 !

Why are you posting on here if you have a legal advisor. ! ?

 I don’t have a legal advisor, the legal advisor is someone mentioned in the letter at the court that has deferred my case. 

I also never stated any application being cheaper than the other? Sorry for the confusion? 

My application is for a set aside by consent, signed and dated by myself and PE. I paid £100 in fees directly to the court. 

I’m not sure if you’ve replied to the wrong thread by mistake here? But Thankyou for your responding. 😊

Coupon-mad

Ah you mean a 'Legal Adviser' at the court?  Or do you mean Legal Adviser who works for ParkingEye?

I am also not denying the parking charge at this point, I have no grounds to from my recollection. I pulled up, took a phone call and left without buying a ticket? 

You MUST put forward a defence!  They are asking what your defence is, not why you didn't get the letters!  Your defence would be like in the below case, that you pulled in and didn't see any signs and didn't in fact, park (depends on how long the call took...?).

You didn't read this judgment, yet, then (you can use it as an exhibit, but be aware county court decisions set no precedent on other cases):

https://www.dropbox.com/s/ejv0ytejgnu4f57/One Parking Solution v Ms W 5 Feb 2020.pdf?dl=0

That was a case where I was lay rep and was all about someone stopping to take a phone call, who saw no signs as they were not prominently or conspicuously placed (and in that case the entrance sign was twisted away from the road so drivers couldn't see it, but the CCTV operator could).  How convenient.

DancingAlfie88

Ahhh @Redx !! 

I understand what you’re saying about the different now!  YES!!! 

This is what I thought too! Which is why I’m so confused and stumbling? It’s almost like they’re treating it like a n244 £255 set aside? 

BUT I HAVE CONSENT? 

Confusion totally understood! And whole reason I am here. ☺️ 

DancingAlfie88

@Coupon-mad

Thankyou very much for your insightful reply! 

I will jump on this right away. 

This is A Legal Adviser from the court, correct! 

I can definitely use this to my advantage as I have only just received the ‘original claim’ form from the court with the original fine details on. Although I previously stated in my letter that I wasn’t defending any monies I may owe, I didn’t have this information at the time. So... I can now defend properly with this evidence if I get it in in a swiftly manner? 

You guys are amazing!

henrik777

What are the terms of the order ?