Need help with CCJ Set Aside and issues relating to SAR

nosferatu1001

Just don't forget, AFTER SET ASIDE IS GRANTED, to bring up costs.  Must must MUST do so, otherwise you will not get them repaid.  

Cannot stress enoug h that is your one and only shot

Jeff_Goldblum

I did mention it on the N244s yes. I was annoyed when I got the court dates through the post to be honest as I felt like the courts had completely ignored my requests. Very difficult to get through to anyone there (potentially covid causing this?). Thanks again anyway. Going into this confident next week. Give them a taste of their own medicine! 

henrik777

Did you ask them for consent before filing the applications ?

Jeff_Goldblum

I did but to be honest I only gave them 24 hours notice. I was rushing towards the end. As you only have 14 days to file for your set aside, I left them to the last minute (foolishly). They came at a bad time as I was about to take an exam for my profession and it all came at once. Due to this I just had time to read up on everything in about the 7 days I had left and write everything up right after taking said exam. Stressful to say the least. By the time I realised you had to ask for consent, I sent an email but I had to send off my N244s the very next day to meet the 14 day deadline.
Turns out after all that rush they've only just responded now, nearly 4 months later and to think if the stress you put yourself through! 

henrik777

That's ok though. Had they replied in a timely fashion it may have been costly for you. I wouldn't concede on costs. They were asked for consent and didn't give it.

Jeff_Goldblum

Thanks again everyone. Any last minute tips other than the Newbies thread? Read through another one bites the dust post too. Even though I'm feeling confident I do also feel a little scared (even though its only a phone hearing). Mostly due to never having been in this situation before. Sorry as I'm sure you get asked this all the time.

Umkomaas

While your hearing won't be a face to face one, this YouTube vid might give you some reassurance prior to your telephone call. 

https://www.youtube.com/watch?v=n93eoaxhzpU

Jeff_Goldblum

henrik777 said:

That's ok though. Had they replied in a timely fashion it may have been costly for you. I wouldn't concede on costs. They were asked for consent and didn't give it.

I received their draft order last night with the following:

1. Claim Numbers XXXX and XXXX be consolidated, with XXXX being the “Lead Claim”.

2. The Judgments entered on XXXX 2020 be and are hereby set aside.

3. Service be dispensed with.

4. The Defendant must file a Defence to the Lead Claim within 14 days.

5. There be no Order as to costs.

Is this just their requests that the judge will be deciding on or does this mean that they have agreed to my requests and my £510 will be unrecoverable? I did state in both of my draft orders that:

3. Unless the Claimant serves a copy of the Claim Form on the Defendant by 4pm on xx/xx/2020 paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £255 and the claim shall be struck out.

4. If the Claimant serves the claim form as directed in paragraph 3 the Defendant shall file and serve a defence by 4pm on xx/xx/2020.

5. Should the Claimant discontinue the Claim after the CCJ is set aside, paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £255 plus the Defendant's costs for attending the hearing.

Jeff_Goldblum

Additionally, they have also put this in their case:
"On each material date as outlined above, the Claimant confirms the Vehicle was neither associated with a permit, nor registered their vehicle within 30 minutes as required by the signs. As a result, each of the aforementioned charges were accepted by the driver as the Vehicle exceeded the licence prescribed by the signs and were properly issued."

Is this just a cookie cutter response?
As you can see from my earlier posts, I was working at this company from May 2018 until mid August 2018 and they were giving my parking tickets on intermittent days. I had a permit over the entire course of my employment and it just wouldn't make any logical sense to remove me from the permitted list one day, put me back on the next and then remove it again the next day.

Coupon-mad

Yeah, it makes no sense.  And yes they are trying for an Order where your £510 costs fall away! 

Clearly you will be telling the Judge, that is wholly unreasonable, given they filed two separate claims (a spate of duplicate claims is an abuse of the court system) and have thereby caused two CCJs instead of one, that has cost you an enormous amount for a consumer to stump up in court fees, just to get this unfair series of PCNs to a hearing and the CCJs wiped.  And the CCJs are only there on your credit file, due the C not bothering to trace your address for service before filing claims, and just using the (known to be unreliable) DVLA data they got months/years before that.  And the core issue is the parking charges were unjustified in the first place and easily defendable - in fact the C should never have obtained your data.