CCJ for a private firm parking ticket- incidental find. All correspondence went to old address.

Umkomaas

Herbie2312 said:

Umkomaas said:

I'll try my question one last time. 

Are all three PCNs covered by the one CCJ = 1 x set aside fee = £255?

Or do you have three separate CCJs = 3 x set aside fees = £765?

All 3 in one ccj 

That does help in the context of the cost to you to apply for a set aside and that all three can be dealt with in one application. The reasons for seeking a set aside don't really change, it just means you won't have to give them in triplicate. 

Coupon-mad

Herbie2312 said:

Thank you. How do I get to the newbie board pls?

You posted that UNDER my reply.  My signature tells everyone where to click.  Please read it.  

henrik777

I went to the old address today and was told that they haven't received anything for me in over a year but everytime they have they returned to sender.

I'd definitely be asking the court if it was returned. Also check the dates to confirm they lived there at the correct time.

http://www.bailii.org/ew/cases/EWHC/QB/2015/3363.html

Get those records too.

Establish a timeline. 

Date of events
Date of move
Date of claim form.
Date of default judgement

etc

Herbie2312

Hi Henrik, thank you for your comments. I will include asking the courts if court letters were returned in my N244 application which i am working on today.

I got my new v5 in the post today little too late on my part but at least i took action as soon as i realised it was in the incorrect address infact the same day i called dvla.
I moved out of this address in 2014 so 6 years have passed. Will this go against me do you think when applying for the set aside or will my plea that i did not receive any notices/court papers (otherwise  i would have responded) still apply?

I I am set aside my weekend to right this and have some questions from al of you that can help?

 1. I have printed off the N244 and would like some advice as to how much info i need to include? do i keep it simple at this stage that i simply did not receive any paperwork or do i need to include in section 10 of N244 all of the below
Witness statement
statement of case
Evidence as set out in section 10.

2. The claimants name would be the original parking company or their solicitor? Also what is their and my reference?
Thank you all for your help

3. Does anyone have a similar situation that was shared on this group in terms of how form was completed that i could use to help me? I recall a 123 mrsT or someone but we do not know the outcome of her appeal as there is no update. 

Thank you all

Coupon-mad

You need to copy and learn from the 2 example set aside cases linked in the NEWBIES thread.  They show what to send now and they show how the Ds both won and got their £255 back from the claimant for failing to take steps to locate her before issuing a claim.

The Claimant is the parking firm.  You don't have a reference and you don't know what the claimant's ref is unless you know the PCN number from old paperwork about the PCN.

Herbie2312

thank you Coupon. Ive spent hours reading all forums ad the examples have circumstnces different to mine and the jargon is making my head spin. I have decided to instruct a solicitor as i think i am going to have nervous breakdown if i try to go about this alone. They are going to get the court papers about the ccj and ask for a consent for set aside agreed by claimants. They believe that it may be quicker to get the ccj removed than waiting for a court hearing date. DEAR GOD PLEASE HELP ME. THESE PARKING COMPANIES DESERVE TO BE HUNG DRAWN AND QUARTERED!!!!

Le_Kirk

You do know that you cannot claim your legal costs back in the small claims court?  How much is the solicitor going to cost you?

Herbie2312

About 700£ Kirk but I need it doing and the ccj taken off at all costs. 

Coupon-mad

 I have decided to instruct a solicitor 

Don't be daft.  You don't have to spend hours reading stuff.  There are just two examples, exact same circs as you, in the NEWBIES.

henrik777

I will include asking the courts if court letters were returned in my N244 application which i am working on today.

I'd be phoning so i could INCLUDE it in my application. 

I moved out of this address in 2014 so 6 years have passed. Will this go against me do you think when applying for the set aside or will my plea that i did not receive any notices/court papers (otherwise  i would have responded) still apply?

The bigger the time lapse the better, to argue "reason to believe".



https://legalbeagles.info/library/how-to-set-aside-a-county-court-judgment-ccj/#:~:text=If you receive notification of,a defence against the claim.

About 700£ Kirk but I need it doing and the ccj taken off at all costs. 

Do any of your insurance policies include legal cover ?