Help re Setting aside 2x CCJ

Coupon-mad

Yes.  Sadly, they would probably have accepted a lower sum and consented, had you contacted them and not just paid.  In this case, ParkingEye reduced the sum to £100 and provided a Tomlin Order this week:
https://forums.moneysavingexpert.com/discussion/comment/77812827/#Comment_77812827

nosferatu1001

It's literally the only bargaining chip you had. Throwing it away was a foolish mistake. 

Coupon-mad

Would it be worth it in that case having a solicitor deal with my case?

Nope, you don't need one and someone last week told us a local solicitor was going to charge over TWO GRAND to do a set aside.  Wow.  And you can't claim those costs back.

We see CCJS set aside all the time and we can guide you through it. Everyone manages to do it, just copy from another CCJ thread.

In your case, see what they say and get the Casino to contact them NOW to 'encourage' them to agree to consent to set aside the damaging CCJ.  After all, P/Eye have had their pound of flesh from you when you paid them in full (the linked thread above shows they would probably have accepted £100 and agreed to a set aside had it been done the right way round).

Shubsta

I feel a bit out of my depth dealing with all of this.. I feel my case is quite complicated also having it made it more complicated myself. These CCJ's are crippling my credit score and at 26 this is going to impact me massively when I soon apply for a mortgage or a loan.. Would it be worth it in that case having a solicitor deal with my case?

I am in the meantime finishing the forms required .. I have few questions (I know I have pestered everyone on here long enough but I am honestly so grateful). 

In the N244 form in question 3 - is it worth putting there that the judgement is already satisfied?

3.What order are you asking the court to make and why?

An order that the Judgement in Default be Set Aside, pursuant to CPR 13.3 and the defendant be allowed to file a Defense in the case. The defendant only discovered the judgement on the 21/09/20 and has acted promptly in making this application. The defendant soon after discovery of the judgement had assumed that paying the claim would be beneficial in resolving the issue with the judgement satisfied as of the 23/09/20. 

Coupon-mad

Odd, how did my reply to you end up above your post?  replies as above.

Shubsta

I have also drafted a witness statement (I will use a similar one for BW legal one I'm guessing so). I know I have pestered everyone on here but I would much appreciate thoughts / opinions on this...

IN THE NORTHAMPTON COUNTY COURT

Claim No. X

BETWEEN:

PARKING EYE

Claimant

– and –

Defendant

X

_________________________________

WITNESS STATEMENT OF X
_________________________________

I , X , being the Defendant in this case will state as follows;

1. I make this Witness Statement in support of the application for an order that the judgment in this case (Claim No. X Judgment dated 04/12/2018) be set aside.

2: CPR 13.3 states (1) In any other case, the court may set aside or vary a judgment entered under Part 12 if –

(a) the defendant has a real prospect of successfully defending the claim; or

(b) it appears to the court that there is some other good reason why –

(i) the judgment should be set aside or varied; or

(ii) the defendant should be allowed to defend the claim.

DEFAULT JUDGMENT

1.1. I was the registered keeper of the vehicle at the time of the alleged offence.

1.2. I understand that the Claimant obtained a Default Judgement against me as the Defendant on 04 December 2018. I am aware that the Claimant is Parking Eye, and that the assumed claim is in respect of unpaid Parking Charge Notice on 12/06/2018 at my then residence at X – an address I resided at as a Medical Student at University. I contest this charge for the reasons outlined in the draft defence

1.3. The claim form was not served at my current address and I thus was not aware of the Default Judgement until 20th September 2020 following a credit check report from Experian when applying for a loan

The address on the claim is X. I moved to my current address at X on the 16th November 2018 where I had later moved due to employment. In support of this I can provide a scanned copy of my tenancy agreement, alongside a council tax and utility bill

1.4. In addition to the above, it should be highlighted that the integrity and law-abiding intention of the Defendant should be taken into consideration on the basis that;

1.4.1 I discovered a CCJ was lodged onto my credit file on the 20th September 2020.

1.4.2 On 23rd of September due to the lack of knowledge of the CCJ and the circumstances surrounding it I had assumed that satisfying the judgement immediately was required of me in order to resolve the issue.

1.4.3 As soon as I had learned about the appeals process and the grounds for set aside I had began the process without delay including obtaining information from the client of the claimant regarding the validity of the Parking Charge.

1.4.4  I have wilfully submitted my case in order to set-aside this judgement and fairly present my case.

1.5. I believe the Claimant has behaved unreasonably in pursuing a claim against me without ensuring they held the Defendant’s correct contact details at the time of the claim.

1.6. On that basis, I believe the Claimant has not adhered to CPR 6.9 (3) where they had failed to show due diligence in using an address that the Defendant no longer resides. The claimant did not take reasonable steps to ascertain the address of my current residence despite having sufficient time to do so. This has led to a defective service and an irregular judgement.

2. It should be highlighted that as well as the above, additional circumstances should be considered such as the requirement of multiple address changes due to my occupation as a Doctor within the NHS. This is a mandatory requirement to be employed in various regions of the country – there have been 7 addresses in the previous 5 years evidence of these tenancies are provided.

2.1 1.4.5 This case has been submitted as promptly as possible despite the pressures presented to me during this hectic time during the COVID pandemic

 

3: On 24/11/20  I made a written request to the Claimant inviting them to consent to set aside the judgment due to the reasons in paragraph 4 and 5.

 

4. The Claimant turned down my request.

 

5. I therefore respectfully request that the Court sets aside the judgment in this claim and allows 14 days for me to submit my defence.

Statement of Truth

I, X, the Defendant, believe the facts stated within this Witness Statement to be true.

Signed: ________________________________

Dated: ________________________________

Coupon-mad

wilfully.

I wish people would stop copying that damn word...Google it.  The person who first wrote that has no idea what it means.
 

Shubsta

Coupon-mad said:

wilfully.

I wish people would stop copying that damn word...Google it.  The person who first wrote that has no idea what it means.
 

Just looked it up - not sure that will do my case any favours. Thanks so much. 

I've put in my N244 Form that I have set aside the judgement, is this the best place for it? 

Also in the witness statement is there any benefit of adding the issue regarding credit clamping?

The draft order on legal beagles looks pretty straight forward, If i'm being honest I'm not too sure what its for...? Am I correct in saying it's covers the costs of the Set Aside?

1. The judgment dated 04/12/2018 be set aside.

2. The Defendant shall file and serve its Defence by 4pm on [insert date].

3. The Claimant do pay the Defendant’s costs of this application to the sum of £255

4. The Claimant has permission to file and serve a reply if so required.

Coupon-mad

I've put in my N244 Form that I have set aside the judgement,

You haven't.  You have paid the outstanding sum without admission of liability because you believed this was what was required.  You have not set the judgment aside.

The draft order on legal beagles looks pretty straight forward, If i'm being honest I'm not too sure what its for...? Am I correct in saying it's covers the costs of the Set Aside?
1. The judgment dated 04/12/2018 be set aside.
2. The Defendant shall file and serve its Defence by 4pm on [insert date].
3. The Claimant do pay the Defendant’s costs of this application to the sum of £255
4. The Claimant has permission to file and serve a reply if so required.

The purpose is to provide that Draft Order as a WORD document attachment, so the Judge can see what it is that you are asking for in your application and if he/she agrees and applies discretion to set the CCJ aside due to the claim not being served properly, he/she can use that draft order.  You do this merely to make the Judge's life easier and it's standard court protocol for these cases.  Hopefully the Judge will agree.

I've crossed out the stuff about defence and reply, because you paid the sum.  There is no defence stage now because you have settled the claim.  We have more detailed Draft Orders on the two example set aside threads that I link in the set aside CCJ section of the NEWBIES thread.

henrik777

Coupon-mad said:

I've put in my N244 Form that I have set aside the judgement,

You haven't.  You have paid the outstanding sum without admission of liability because you believed this was what was required.  You have not set the judgment aside.

The draft order on legal beagles looks pretty straight forward, If i'm being honest I'm not too sure what its for...? Am I correct in saying it's covers the costs of the Set Aside?
1. The judgment dated 04/12/2018 be set aside.
2. The Defendant shall file and serve its Defence by 4pm on [insert date].
3. The Claimant do pay the Defendant’s costs of this application to the sum of £255
4. The Claimant has permission to file and serve a reply if so required.

The purpose is to provide that Draft Order as a WORD document attachment, so the Judge can see what it is that you are asking for in your application and if he/she agrees and applies discretion to set the CCJ aside due to the claim not being served properly, he/she can use that draft order.  You do this merely to make the Judge's life easier and it's standard court protocol for these cases.  Hopefully the Judge will agree.

I've crossed out the stuff about defence and reply, because you paid the sum.  There is no defence stage now because you have settled the claim.  We have more detailed Draft Orders on the two example set aside threads that I link in the set aside CCJ section of the NEWBIES thread.

If it's set aside then it goes back to the defence stage. Doesn't matter that they paid. But i would ask for my money back in the draft order.