PLEASE help with CCJ ....

Dale_UK

Hey guys!    had a pretty bad week thus far  :'(  

Hope you can help me with some guidance.

I have today found out that I have a CCJ, which I never knew about! never received any ticket nor any notice for a court appearance. It seems this action has been taken by one of these predatory parking firms. I found this out only whilst applying for a mortgage. Otherwise, I have had perfect credit history throughout my life.

I am now trying to work out what I can do about this, I have the application for "N244 application to set Judgment aside".

However, I am not sure what to put for the grounds of my application. 

I have no doubt that my vehicle was parked at the location mentioned. However, I was living and working in Cyprus shortly afterwards, from June 2019 to late 2020, and I can prove that, and thus never received any notice from either the company making this claim or the county court, nor can I say that one was sent or not. I am not sure if this is grounds? it doesn't excuse the parking.

The only comment I have regarding the text of the particulars of the claim is that there was no facility to obtain a "Valid Ticket".

Advice much appreciated.

Questions on this N244 form:

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

10. What information will you be relying on, in support of your application?

- the attached witness statement

- the statement of case

- the evidence set out in the box below

Extract from the court Particulars of Claim:

THE CLAIM IS FOR A BREACH OF CONTRACT FOR BREACHING THE TERMS AND CONDITIONS SET ON PRIVATE LAND. THE DEFENDANT'S VEHICLE, YXXXXXD, WAS IDENTIFIED IN THE UNIT 3 KING EDWARD INDUSTRIAL ESTATE ON THE 30/05/2019 IN BREACH OF THE ADVERTISED TERMS AND CONDITIONS; NAMELY PARKED WITHOUT DISPLAYING A VALID TICKET/PERMIT. AT ALL MATERIAL TIMES THE DEFENDANT WAS THE REGISTERED KEEPER AND/OR DRIVER. THE TERMS AND CONDITIONS UPON ENTERING PRIVATE LAND WERE CLEARLY DISPLAYED AT THE ENTRANCE AND IN PROMINENT LOCATIONS. THE SIGN WAS THE OFFER AND THE ACT OF ENTERING PRIVATE LAND WAS THE ACCEPTANCE OF THE OFFER HEREBY ENTERING INTO A CONTRACT BY CONDUCT. THE SIGNS SPECIFICALLY DETAIL THE TERMS AND CONDITIONS AND THE CONSEQUENCES OF FAILURE TO COMPLY, NAMELY A PARKING CHARGE NOTICE WILL BE ISSUED, AND THE DEFENDANT HAS FAILED TO SETTLE THE OUTSTANDING LIABILITY. THE CLAIMANT SEEKS THE RECOVERY OF THE PARKING CHARGE NOTICE, CONTRACTUAL COSTS AND INTEREST.

Entry code

J1

Date

27/11/2019

Amount

£185.00

Grumpelstiltskin

You really need to post on here 

Parking Tickets, Fines & Parking — MoneySavingExpert Forum

That's where the Parking Ticket experts live.

sourcrates

Moved it for you.

Coupon-mad

All these questions are answered in the NEWBIES thread section about setting aside a parking CCJ. it's in the second post of the Announcement thread in capitals at the top pf this parking board. 

No link given or needed (see my signature below).  It's easy enough to set aside a parking CCJ then defend the scam PCN.  Which horrific parking firm has done this to you?

Dale_UK

great thank you, ill have a good read of the forum sticky. At the moment, I am not sure about the company name, I have just emailed back the county court to see if they will tell me.

KeithP

Dale_UK said:

great thank you, ill have a good read of the forum sticky. At the moment, I am not sure about the company name, I have just emailed back the county court to see if they will tell me.

Of course they will tell you - just phrase the question in terms they understand.

Simply ask - "who is the Claimant?"

Dale_UK

thanks Keith. I should qualify for legal cost assistance too. I have obtained the N244 form... reading the forum stickies on setting aside, I have not yet come across the best starting place  .  :'(

Le_Kirk

Dale_UK said:

thanks Keith. I should qualify for legal cost assistance too. I have obtained the N244 form... reading the forum stickies on setting aside, I have not yet come across the best starting place  .  :'(

Best place to start is the NEWBIE sticky (the one that says read this first) and scroll down to the second post and you will see: -

HAVE YOU FOUND OUT ABOUT A CCJ (JUDGMENT FOR CLAIMANT) AND NEED IT SET ASIDE?

Dale_UK

Le_Kirk said:

Dale_UK said:

thanks Keith. I should qualify for legal cost assistance too. I have obtained the N244 form... reading the forum stickies on setting aside, I have not yet come across the best starting place  .  :'(

Best place to start is the NEWBIE sticky (the one that says read this first) and scroll down to the second post and you will see: -

HAVE YOU FOUND OUT ABOUT A CCJ (JUDGMENT FOR CLAIMANT) AND NEED IT SET ASIDE?

yes I had found that, still on all these forum posts there is a whole lot of information. I guess my first mission is to fill out this N244 form.

My grounds are that I was living and working outside of the UK (which I can prove) and that I had mail forwarding set up for 1 month to my parental home (which I need to check but I think I can prove), but had not received any post regarding this matter.

Le_Kirk

More information about how to write a N244 application, a witness statement and a six point draft order can be found by checking out some posts by @henrik777

henrik777

Dale_UK said:

Le_Kirk said:

Dale_UK said:

thanks Keith. I should qualify for legal cost assistance too. I have obtained the N244 form... reading the forum stickies on setting aside, I have not yet come across the best starting place  .  :'(

Best place to start is the NEWBIE sticky (the one that says read this first) and scroll down to the second post and you will see: -

HAVE YOU FOUND OUT ABOUT A CCJ (JUDGMENT FOR CLAIMANT) AND NEED IT SET ASIDE?

yes I had found that, still on all these forum posts there is a whole lot of information. I guess my first mission is to fill out this N244 form.

My grounds are that I was living and working outside of the UK (which I can prove) and that I had mail forwarding set up for 1 month to my parental home (which I need to check but I think I can prove), but had not received any post regarding this matter.

Step 1

Get the claim form from the courts and/or claimant.

Step 2

Work out why you didn't get the claim form and form a timeline.

Parking date. Notice dates. Claim initiated date. CCJ awarded date.  House move dates. Record changed dates it's.

You'll need to investigate and ask the relevant people.

Step 3

Within 3 days of discovery, ask the claimant for consent. Even if they say no, you've given them notice of intent.

7 days to answer chase after 3/4 so they can't claim to have not gotten.

Step 4 

Application.



It may well be that proof of being out of the country will be enough to set aside. There is a risk they'll not award any costs as the claimant could be deemed to have done nothing wrong.

So you need to obtain the information.