CEL SET ASIDE CCJ AND WITHOUT PREJUDICE CONSENT LETTER. NEED HELP PLEASE

Money183

Hi experts, this is the first time i am writing on any forum so please forgive me for any mistakes. 
in 2017 A parking ticket was sent to me by post from CEL for parking my car in a car park for about 30 mins around just after midnight. at the time of parking I was actually there to help a friend of mine whose car had broken down and needed a jump start. I had cash on me but there was no way to pay cash it was only card payment on phone. I tried calling the phone number on notices in hope that may be I can pay another way or another time but there was no option even on the car park signs there was no mention of anpr and there was no mention of any other ways to pay. Anyways I got pcn for that and I appealed it and told the cel all of the above and requested to allow me the parking payment only. I never heard back from them and meantime I moved address in early 2019. recently I checked my online credit file and it had a ccj against me on my old address issued in oct 2019. I called county court business centre and was told that the ccj is because of that parking ticket and the ccj is for £375. I told the operator on phone about old address and they said I can apply to set aside. so I downloaded the form and filled it and sent it to county court business centre. after one week I received a letter that the set aside application has been forwarded to court and the court will send me hearing date. I have not received any hearing date yet but yesterday I received a letter in email from CEL. I am uploading the picture. please can someone help me what should I do now. I have no idea how this works. what should I do. thank you all in advance.
 

Money183

also please note  cel says my grounds for setting aside is i moved address before voilation occured. thats not true i have only mentioned in my set aside application that i moved before ccj was issued.

Coupon-mad

Have you already paid the court fee of £255 or are you exempt from fees? 

If you've paid £255 I would continue with the planned hearing and send the court a witness statement and evidence, like you see in the example CCJ set aside threads x 2 in the NEWBIES thread.

If you are exempt from fees then it's up to you whether you think £85 is worth it and change your application to a set aside 'with consent'. 

My opinion is that it's a rip off if you pay £85 and £255 and would much rather see you try to get your £255 back by order of the court (not guaranteed but pretty commonly ordered) like in our examples, and get the CCJ set aside and the PCNs beaten without any out of pocket costs in the end.

wannadancewithsomebody

perhaps you should send a SAR to them and see if your appeal is in there system , unless you have proof of postage or email conformation 
a lot of your setaside (well costs) anyway could balence on if your appeal was recieved or not 
easy to show the court the date you moved , in fact so easy that civil enforcement <spit> could have actually checked between letter before claim and the default ccj 

JJ_22

Can I ask what evidence you submitted with your n244? I need to submit one but unsure what to send with the form 

KeithP

JJ_22 said:

Can I ask what evidence you submitted with your n244? I need to submit one but unsure what to send with the form 

Did you read this in the NEWBIES thread?...

 Read this thread for what to send with your N244:
https://forums.moneysavingexpert.com/discussion/6134970/surprise-ccj-please-help/p1

Immediately following that link in the NEWBIES thread are several other links that will surely help you.

nosferatu1001

Money - please use paragraphs. That wall of text helps no one. 

What did you send with your set aside? 

- n244
- witness statement
- exhibits to prove you were to be found at new address
- draft defence
- draft order

Explicitly state yes or no by each. 

What grounds do you apply under?

Money183

I just filled the N244 form and sent it to county court business centre via email. TBH i didn't even know i have to send so many things

Le_Kirk

I think you are supposed to send it to the court that applied the judgment.  Checking the guidance notes for the N244 it just states "send it to the court" it does not mention CCBC.

Coupon-mad

It will be fine but you MUST add a witness statement and evidence of the fact you moved and were 'there to be found' (and a defence to the PCN is a good idea as well, which is obviously by using out template defence).  Full list from nosferatu1001:

- n244
- witness statement
- exhibits to prove you were to be found at new address
- draft defence
- draft order

KeithP

Le_Kirk said:

I think you are supposed to send it to the court that applied the judgment.

Which would've been the CCBC.