Can I get this CCJ set aside?

powellxa

Hi All

I need some advice please. 

The Civil Enforcement Ltd, has taken me to court, I now have a CCJ issued against me for parking fees eventually totalling £291 (May 2019 credit file date). I had no idea until I saw the CCJ on my credit report, hence I missed the 28 day appeals period, by several months. During the time letters was sent to my home I was working away for approximately 2 years, I seldom went home. However I did see a couple civil enforcement letters, but  not the court letters until months later. I have a contract of employment for most of the time I was working away. The remaining time, I started a business, I have my office rental contract and the company was also registered via company house during that time using my home address.

 I have since sent in a N244 to request the CCJ is set aside,  as the ticket I was  given was  for parking in a hotel which included free parking and I have the relevant documents to confirm this. I had a hearing in August 2020 which was cut short due to a phone network outage, hence I wrote to the court and request another hearing. Due in Dec 2020. The impression I got from the judge during the call was, he was about reject my evidence based on the time it took for me to appeal this CCJ. Given my reasons above have a got a case to have the CCJ aside?

Also I have received in the last a N279 notice of discontinuance from Civil Enforcement Ltd, which I assume does not affect the CCJ which has already being issued against me or does it?

sourcrates

Moved to parking fines forum.

Le_Kirk

Judges don't like credit cleansing so you need a really good reason why you did not respond to letters containing court papers that were sent to the address where your car was registered to you as keeper.  They also like you to respond swiftly when you discover a CCJ.  Your situation MIGHT be good enough to convince a judge to set it aside.  You will also need a convincing defence against the original claim.  Read some posts by @henrik777, the forum guru on set-asides.

Coupon-mad

 The impression I got from the judge during the call was, he was about reject my evidence based on the time it took for me to appeal this CCJ.

You desperately need to read posts by @henrik777 to understand that even if an application was not made promptly enough there is a second chance, to set aside AT THE COURT'S DISCRETION, FOR GOOD REASONS (whether it was prompt or not).   

Did you submit a witness statement and explain that the Claimants sent the claim to an address where you were not living, and that you were abroad so had good reason not to deal with it, and anyway you have good prospects of defending the claim (promptness irrelevant)?

 I have received in the last a N279 notice of discontinuance from Civil Enforcement Ltd, which I assume does not affect the CCJ which has already being issued against me or does it?

Make no sense to me...what do they mean, they discontinued the claim?  I would actually use that against them and pop it as an exhibit with a supplementary Witness Statement covering al the things your first one missed.  It was not meant to be about the PCN and defence, per se.

henrik777

https://www.civillitigationbrief.com/2017/05/29/setting-aside-judgment-delay-and-denton-promptness-considered-delay-must-be-explained/


As the claim was correctly served (it appears) then the application is under 13.3 and promptness must be considered by the court.
https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part13#13.3
(2) In considering whether to set aside or vary a judgment entered under Part 12, the matters to which the court must have regard include whether the person seeking to set aside the judgment made an application to do so promptly.

So if you have a judge who has already indicated the delay is an issue you'll need some great answers to get past the issue of promptness.

powellxa

Le_Kirk said:

Judges don't like credit cleansing so you need a really good reason why you did not respond to letters containing court papers that were sent to the address where your car was registered to you as keeper.  They also like you to respond swiftly when you discover a CCJ.  Your situation MIGHT be good enough to convince a judge to set it aside.  You will also need a convincing defence against the original claim.  Read some posts by @henrik777, the forum guru on set-asides.

OK, thanks i;ll read around @henrik777 posts. 

powellxa

Coupon-mad said:

 The impression I got from the judge during the call was, he was about reject my evidence based on the time it took for me to appeal this CCJ.

You desperately need to read posts by @henrik777 to understand that even if an application was not made promptly enough there is a second chance, to set aside AT THE COURT'S DISCRETION, FOR GOOD REASONS (whether it was prompt or not).   

Did you submit a witness statement and explain that the Claimants sent the claim to an address where you were not living, and that you were abroad so had good reason not to deal with it, and anyway you have good prospects of defending the claim (promptness irrelevant)?

 I have received in the last a N279 notice of discontinuance from Civil Enforcement Ltd, which I assume does not affect the CCJ which has already being issued against me or does it?

Make no sense to me...what do they mean, they discontinued the claim?  I would actually use that against them and pop it as an exhibit with a supplementary Witness Statement covering al the things your first one missed.  It was not meant to be about the PCN and defence, per se.

Thanks so much for your reply, my initial witness statement I did mention (once sentence) I was working away, however I naively emphasised the incorrect issuing of the PCN. Following the tone of the judge in my previous hearing in August 2020, I sent a supplementary witness statement providing evidence of work contracts, office rental, registered company info,  for a 3 year timeframe roughly 18 months either side of the date the CCJ was issued. I also briefly explained I have worked in this fashion for 10 years. I sent that additional information a few weeks ago, I have another hearing in December 2020, following telephone connection issues with the first hearing.   

Regarding the N279 notice of discontinuance, the  Civil Enforcement Ltd, submitted  a letter stating " Given the ongoing situation with Covid 19, please be advised that we have discontinued proceedings for the claim and have notified the court"  After reading around I understand this means they will not longer pursue the outstanding £291. Will this effect the case in anyway? I presume not regarding the CCJ.  Or can I use this letter to support my case?  

powellxa

henrik777 said:

As the claim was correctly served (it appears) then the application is under 13.3 and promptness must be considered by the court.
(2) In considering whether to set aside or vary a judgment entered under Part 12, the matters to which the court must have regard include whether the person seeking to set aside the judgment made an application to do so promptly.

So if you have a judge who has already indicated the delay is an issue you'll need some great answers to get past the issue of promptness.

Thank you for your reply@henrik777 , as I mentioned in  @Coupon-mad reply.  I have now sent a supplementary witness statement providing evidence of work contracts, office rental contract, registered company info/proof,  for a 3 year timeframe roughly 18 months either side of the date the CCJ was issued. I also briefly explained I have worked in this fashion for 10 years. I sent that additional information a few weeks ago, I have another hearing in December 2020, following telephone connection issues with the first hearing.   
Also regarding the N279 notice of discontinuance, the  Civil Enforcement Ltd, submitted  a letter stating " Given the ongoing situation with Covid 19, please be advised that we have discontinued proceedings for the claim and have notified the court"  After reading around I understand this means they will not longer pursue the outstanding £291. Will this effect the case in anyway? I presume not regarding the CCJ.  Or can I use this letter to support my case? 

Coupon-mad

Yes, just have it with you on the day of the hearing (likely conducted by phone) and see if the court has the same.

henrik777

They can't discontinue a claim once Judgment is entered. Are you sure it's the same case ?

powellxa

henrik777 said:

They can't discontinue a claim once Judgment is entered. Are you sure it's the same case ?

Oh!!! it has the same claim reference number. I've not had confirmation from the court as yet, however the civil enforcement letter was dated the 26th Oct 2020, so perhaps the court letter is on the way? or maybe not?