Help re Setting aside 2x CCJ

Shubsta

Hello everyone 
Firstly apologies for being that first posting newbie frantic about his CCJ's. 
I have read through the newbie thread already to keep myself informed on the process and what is required of me but as I'm treading in new waters completely I would really appreciate some help /Advice re my CCJ's. I found out about these when applying for a loan around the 29th of September. 

My CCJ's are from BW Legal and Parking eye respectively received one on 04/12/2018 and 15/02/2019. (£197.00 for parking eye and £253.00 for BW Legal). 
Date of contravention for BW legal fine was 2/07/2017
Date of contravention for Parking Eye: Not yet known 

When these contraventions occurred and when the letters were likely to have been sent out - I was at the time a medical student. In the 6 years of my training I was studying in Southampton, 6 different addresses there. When I assume the CCJ's were sent from the dates stated - I have been working as a qualified doctor in Hospital. As part of working in the NHS during my training I am required to work where placed and this was in 2 different cities over 2 years in the midlands - during this time I then had 3 different addresses. Due to the constant moves I have missed the letters sent to my address combined with the nature of my work - I had a fairly hectic schedule. I am not contesting the parking fine itself but to have it set aside due to no knowledge of them in the first place. 

My V5C is registered in my with my parents where I used to reside before I moved out for my studies/work- I had not updated this as I figured I would return back to this address eventually after my studies / training, in hindsight this was obviously silly and I am aware now of my mistake in not doing so. The letters probably went to this address and as I had been home so infrequently and rarely it was possible for this reason it was missed. I have not been able to even find these letters. I have evidence of the various house contracts I have accumulated in the last 8 years. The dates of both the CCJ's satisfy one address in Nottingham where I was working at the time. I was not registered on the electoral roll here. The only way I guess I was "to be found" at this address is I paid council tax here. My bills went through my housemates name. 

I do need to say though that when I found out about the CCJ's through experian - my lack of knowledge of firstly the CCJ itself and around the entire topic on what to do sent me into a bit of a panic. I unfortunately called the agencies who had issued the CCJ's to pay them so they appear satisfied on my account. I didn't even know I had grounds to have them set aside. I have read on here now that this is not what you should do...

I contacted a solicitor who looking at my case was confident I should have this set aside especially with no problems from parking eye however I was being charged £2500. I did wonder if this is something I could do myself through looking at these forums and reading up on the legal side of things

My main questions follow
1. would I be able to apply for a set aside by consent despite having paid the debt collecting agencies
2. Do i have enough grounds to apply for a set aside on CPR 13.3 alone
3. Would I fill in the N244 form simlataneous to contacting the agencies for a set aside by consent Or would I wait for their response

Any other information / Advice I would be extremely grateful for. 

Thank you so much! 

twhitehousescat

both parking co s would have written to address on v5 

forgetting private oparking for a moment , how do you know there are no warrents out for your arrest or licence rev oked 

the DVLA state that your info must be registered at a servicable address , your perents , yes ,, but you are supposed to bloody check 

set asides , £100 with concent , ie the parking eye one , pay them the £197b , AFTER ,,AFTER they have accepted a with concent 

other lot , go in frrt first £255 for setaside , they restart cout action , argue it or simply pay the CORRECT amount , not the hyped up number 

look at the newbies thread , all is revield 

PS , DONT PAY ANYONE YET ,especially a solisitor that is charging 2.5k for filling a form in 

twhitehousescat

I do need to say though that when I found out about the CCJ's through experian - my lack of knowledge of firstly the CCJ itself and around the entire topic on what to do sent me into a bit of a panic. I unfortunately called the agencies who had issued the CCJ's to pay them so they appear satisfied on my account. I didn't even know I had grounds to have them set aside. I have read on here now that this is not what you should do...

you have just blown away any chance of setasides , as both cases are now marked as satisfied 

i hope this "idea" wasnt from the solisitor

Shubsta

you have just blown away any chance of setasides , as both cases are now marked as satisfied 

i hope this "idea" wasnt from the solisitor

I see.. 
may I ask why that’s blown my chance? 

I contacted CCBC regarding the case who replied with:

Good afternoon  

Thank you for your email

Thank you for your recent enquiry. Whilst the Judgment has been marked ‘satisfied’ on the Court’s records, you can still apply to set the Judgment aside using the N244 ‘Application Notice’. Please read this letter and the enclosed notes thoroughly before sending the application to the court as incorrectly completed applications will be returned to you. 

I paid this without the legal advice unfortunately thinking marking as satisfied would be better. The soliciters did say this shouldn’t affect the set aside but then again I understand I should take their advice with a pinch of salt.

Shubsta

twhitehousescat said:

both parking co s would have written to address on v5 

forgetting private oparking for a moment , how do you know there are no warrents out for your arrest or licence rev oked 

the DVLA state that your info must be registered at a servicable address , your perents , yes ,, but you are supposed to bloody check 

set asides , £100 with concent , ie the parking eye one , pay them the £197b , AFTER ,,AFTER they have accepted a with concent 

other lot , go in frrt first £255 for setaside , they restart cout action , argue it or simply pay the CORRECT amount , not the hyped up number 

look at the newbies thread , all is revield 

PS , DONT PAY ANYONE YET ,especially a solisitor that is charging 2.5k for filling a form in 

I see the point in updating v5c in hindsight and I just knew no better from my inexperience.

i appreciate your help thanks a lot

would I not be able to ask for consent for BW? 

twhitehousescat

bw will not give you anything , not even a xmas card 

however I think you have missed the point , if you have paid the CCJ (s) and got them marked as satisfied , you cannot contest them now , because you believed them to be correct and p;aid them 

Coupon-mad

I contacted a solicitor who looking at my case was confident I should have this set aside especially with no problems from parking eye however I was being charged £2500.

Wow...and we charge nothing and as one of them is with ParkingEye, they will probably agree to set the CCJs aside anyway!  That one should be simple.

would I not be able to ask for consent for BW? 

You can ask (THEY ARE NOT THE CLAIMANT THOUGH, ARE THEY?!) but you will not get.

twhitehousescat

Shubsta said:

you have just blown away any chance of setasides , as both cases are now marked as satisfied 

i hope this "idea" wasnt from the solisitor

I see.. 
may I ask why that’s blown my chance? 

I contacted CCBC regarding the case who replied with:

Good afternoon  

Thank you for your email

Thank you for your recent enquiry. Whilst the Judgment has been marked ‘satisfied’ on the Court’s records, you can still apply to set the Judgment aside using the N244 ‘Application Notice’. Please read this letter and the enclosed notes thoroughly before sending the application to the court as incorrectly completed applications will be returned to you. 

I paid this without the legal advice unfortunately thinking marking as satisfied would be better. The soliciters did say this shouldn’t affect the set aside but then again I understand I should take their advice with a pinch of salt.

 Please read this letter and the enclosed notes thoroughly before sending the application to the court 

do the notes state that you can ask for setaside on satified charges ? 

Shubsta

Coupon-mad said 

Wow...and we charge nothing and as one of them is with ParkingEye, they will probably agree to set the CCJs aside anyway!  That one should be simple

You can ask (THEY ARE NOT THE CLAIMANT THOUGH, ARE THEY?!) but you will not get.

 

Honestly I am so grateful for the all the help I get here for this reason.  Thank you so much and for the NEWBIE thread on here.

BW legal are not the claimant Britannia are, but apparently I ask consent from the solicitors in BW legal who will contact Britannia themselves? (Informed by the solicitor) 

Shubsta

twhitehousescat said:

 Please read this letter and the enclosed notes thoroughly before sending the application to the court 

do the notes state that you can ask for setaside on satified charges ? 

The notes aka the attachments within the email was the N244 form and a 1 page attachment from HM Court and Tribunal service. 

No mention on there that I cannot apply if it has been satisfied. The only mention is in the email I copied in earlier saying that even though it is satisfied I could apply for a set aside.

Redx

I hope that henrik777 sees this complicated thread and replies to you , because error after error after error doesn't help you

Going forward , comply with DVLA requirements because believe it or not council tickets or police ones could be even worse for you, ignorance is no defence in law , it is your responsibility to comply with the law