CCJ looking for consent or set aside

henrik777

I say 7 days to consent (chase after 3/4).

14 days includes gathering the claim form then producing a timeline etc as you don't just go, oh !!!!!! i got a ccj, oi nasty people give me consent.

Everyone needs to work out what is going on BEFORE asking for consent otherwise you are unable to give them any reason to consent.

I advocate using the time you give them to consent to prepare your application etc. Then modify as the situation develops.

nosferatu1001

As above 
if you have the poc you already have all, the form will tell you about the background of the claim. 

Just get the draft defence written. It'll take you five minutes. 

Raf123411

I called CCBC yesterday, they send all documents to my local court so expecting letter soon. I asked them for copy of the claim form, but they said they don`t have and they can only give me POC which i already have.

I went through all draft defence from @Coupon-mad , but base on this I just challange the abuse of parkign company and not realy the circumstances when i parked there? Is that will be enough for defence?

It was almost 2 years ago, so I`m not really remember this until  I`ll get SAR from Excel to see little bit more.

Raf123411

Excel get back to me after 2 weeks since initial contact offering for claim to be set aside by consent if I pay the outstanding amount. 

Email from them:

Good Morning,

One the payment is made directly to Elms legal. Then you will need to make an application to court be get the CCJ removed, we can send you a consent order form that you will need to enclose with the application. This will need to be requested by yourself and this will be sent once Elms Legal will inform us that the payment has been made to them.

I already send to court n244 form without Excel consent as they don’t get back to me within 10 days.  Is there is any way to change my application once is submitted to set aside with consent or shall I just let it roll as it is? 

Coupon-mad

Why would you want to change your application and downsize it to a consent to set aside, and line Excel's pockets by a stupid amount?  
Excel seem to be wanting you to pay the £250-odd on the CCJ!  Don't be daft, that's not required.

I went through all draft defence from @Coupon-mad , but base on this I just challenge the abuse of parking company and not realy the circumstances when i parked there? Is that will be enough for defence?

No.  The template does not say that...what do you think #2 and #3 are pretty much blank, for?

Raf123411

Coupon-mad said:

Why would you want to change your application and downsize it to a consent to set aside, and line Excel's pockets by a stupid amount?  
Excel seem to be wanting you to pay the £250-odd on the CCJ!  Don't be daft, that's not required.

I went through all draft defence from @Coupon-mad , but base on this I just challenge the abuse of parking company and not realy the circumstances when i parked there? Is that will be enough for defence?

No.  The template does not say that...what do you think #2 and #3 are pretty much blank, for?

Thank you @Coupon-mad

It`s make sense to keep the set aside without the consent with court, so at least I can speak to court and have impact.It was just first thought if that will be not easier option. They want £185 as set by CCJ.

Regarding the defence I went too far on your topic and download some template from page 6 or 7, but I got  the most recent version from second 2 post. I was just wondering if I say I don`t remember to drive the car that day, court could check if there was any one else insured to drive the car etc? Just cannot think about any sensible defence until I`ll get SAR back from Excel.

From your experience what is success rate on set aside cases?

Coupon-mad

You don't need the defence just yet, anyway.  The SAR will be back before your set aside hearing.

From your experience what is success rate on set aside cases?

I can only recall TWO refused, ever, on here (in about ten years).  Most canny Judges see through parking firms.

nosferatu1001

You point out to just a draft defence. You've not got any docs and it's two years ago. You just have to show a REASINABKE chance of success - well signage, landholder authority etc are all reasonable defences, so there you go 

Raf123411

nosferatu1001 said:

You point out to just a draft defence. You've not got any docs and it's two years ago. You just have to show a REASINABKE chance of success - well signage, landholder authority etc are all reasonable defences, so there you go 

Thank you very much it’a very helpful. 

I managed to search my emails and find out it have to be there around 9pm when aaa I have to picked up one thing from around there.
 I went there today To take some photos as a starting point for the defence and signage from street don’t look great. 

So parking terms and conditions are that you allowed only for 5 minutes without paying , don’t think that’s enough time to read the T&C and pay. 

Also not a lots of signage on the entrance etc. 

Anything you will pick up from this photos as a good point for defence?

First photo is entrance to the car park from one way street. 

Second it’s the car park when you park on the back on the evening.

   

Coupon-mad

In one of those photos, the light is on and in the other the light is off.