CCJ without my knowledge

Sebastian83

Redx said:

The CCJ is about a court process , nothing to do with vehicles , drivers or insurance per se , it could have been non payment of rent or over a mobile phone dispute or not paying a plumber for fixing your shower

You require the set aside in order to put forward your arguments above , in the subsequent court hearing where it would be about what you say above

As mentioned above , you adapt other recent set aside defences , to suit , few people would start from scratch

Thank you. Regarding the court hearing, what do I have to put in the application? That I want to attend a hearing in person?

Redx

Which hearing ? Given there will be two ?

You need to be far more specific in UK legal matters , despite your newbieness

Sebastian83

Sorry, all this stuff is very new to me. I never had as much trouble in 37 years as in the last months in this country.

So I try it again: In the N244 Application notice they ask: "5. How do you want to have this application dealt with?
at a hearing
without a hearing
at a telephone hearing"

I have no idea what would be the right thing to tick.

Ferrybird

First you are applying to the court to have the CCJ set aside. As @Coupon-mad explained you have two chances to persuade the judge to do this. The first is a mandatory set aside under civil procedure rules- i.e that the PPCs claim form was improperly served at an incorrect address.

 If the judge is not persuaded that you have reached the threshold for a mandatory set aside then you can try argue for a discretionary set aside. For this you need to have acted promptly after finding out about the CCJ AND have a realistic chance of defending the underlying claim by the PPC (e.g poor signage, you actually paid etc). 

Although at the first hearing you will not be defending the claim as such, it's a good idea to have a draft defence to show the judge that you can defend the claim.

If the CCJ is set aside the PCN does not automatically go away- essentially the court process goes back one step.

Read my thread as it's about a set aside and hopefully you will find the advice I was given helpful. 
It sounds very confusing and complicated but the more you read the more it makes sense. 

Sebastian83

Ferrybird said:

First you are applying to the court to have the CCJ set aside. As @Coupon-mad explained you have two chances to persuade the judge to do this. The first is a mandatory set aside under civil procedure rules- i.e that the PPCs claim form was improperly served at an incorrect address.

 If the judge is not persuaded that you have reached the threshold for a mandatory set aside then you can try argue for a discretionary set aside. For this you need to have acted promptly after finding out about the CCJ AND have a realistic chance of defending the underlying claim by the PPC (e.g poor signage, you actually paid etc). 

Although at the first hearing you will not be defending the claim as such, it's a good idea to have a draft defence to show the judge that you can defend the claim.

If the CCJ is set aside the PCN does not automatically go away- essentially the court process goes back one step.

Read my thread as it's about a set aside and hopefully you will find the advice I was given helpful. 
It sounds very confusing and complicated but the more you read the more it makes sense. 

Thank you, I will read your thread.
To support my argument that this hasn't been served correctly should I attach proof like driving license with my new address, utility bills, etc. straight away?

Regarding the discretionary set aside can I add that I already asked the court for a copy of the claim and the judgement itself and that I have sent a SAR to the data protection officer and as soon as I get these information that I will defending the claim itself?

And this draft defense I do write now and attach it to the application? What could be a defense without knowing what they are reproaching me for?

Coupon-mad

Don't draft a defence yet and explain in your witness statement that you will come to the hearing with a draft defence once you have the SAR from the Claimant because at the moment you know no facts at all.

henrik777

To form a plan you need to know what happened, why it happened and when it happened.



Who/where was the car registered to on the date of the parking event.

When did you move etc

Did you communicate with them at all around those times ?

When was the claim lodged ?

When was the default judgment entered ?

Etc Etc

Once you have a timeline you can begin to prepare your plan. You need to be quick. Therefore use the phone.

Ferrybird

You need to complete a N244 form and submit this to your local county court with the £255 filing fee. The court will look at your application and decide whether to grant a set aside hearing. If they do grant a hearing they will send you an order saying the date of the hearing and asking you to submit your witness statement (the 'story' - I did this, this happened on this date - in the first person) and that is when you submit the draft defence (the legal arguments - where you refer to yourself as "the defendant", not in the first person).

I filled in my N244 before I  found this forum by just googling "how to set aside a CCJ" and "how to fill in N244" - so my explanation as to why I should be granted a set aside hearing wasn't great, but I was still granted one. It is good to do your own research and find some of the answers yourself, as ultimately you will have to argue this in front of a Judge and no one will be there to answer your questions. If you are not sure about something you have read it's better to come back here and say "I have read this, am I right in thinking XYZ" - rather than constantly asking "what now, what next?" Read some threads from start to finish over the next few days, things will start to make more sense.

And, yes - do attach proof that you moved. Obviously the court needs evidence and can't just take your word for it!

Sebastian83

I got an email back after sending in my SAR yesterday:

Good morning,

 

Thank you for your email.

 

Please provide us with your Parking Charge Notice number or vehicle registration number in order to assist you further.

 

 

Yours faithfully,

The Appeals Team

Civil Enforcement Ltd

Horton House, Exchange Flags, Liverpool, L2 3PF

T: 0115 822 50 20

Sebastian83

Obviously I can't provide this information as I don't know anything about their claim which I have explained them now again.

I gave them yesterday my date of birth, current and previous address and the case number of the CCJ, so they should be able to find me on their system.