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Very confused, not sure whats going on with a CCJ

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Comments

  • teknotel
    teknotel Posts: 122 Forumite
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    I am four pages into henricks 3000 comments, no sign of a step by step guide or template, just answering peoples varying questions over dozens of threads. I have gone back to April so far and nothing. I dont have time to read every comment, I am just looking for a topic that says step by step guide or template in it.

    Can someone really not just say yes or no to me if they dont want to repeat or link to the specific information? I have listed the documents I intend to send here.

    You say to me: "Hang on, why haven't you read very many posts by @henrik777 yet and discovered that you should ALWAYS first ask the Claimant if they will consent to set aside?"

    But I literally have been reading for hours and several people have said they wouldn't go for the consent because it makes it less likely to get the fee back from One Parking as they have clearly not bothered to confirm my address. 

    This was the decision I made based on the reading.

    This is the problem I am having, the threads I am being linked to all vary in information, how can I know what is relevant to my specific situation?
  • Le_Kirk
    Le_Kirk Posts: 22,306 Forumite
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    Maybe something here will help; appreciate it is more reading but I don't know how else you are going to find out what to do.
    https://forums.moneysavingexpert.com/discussion/6134970/surprise-ccj-please-help/p1 

    ...and read this guidance from @Johnersh, a solicitor, about keeping your N244 punchy and attaching a separate document as your witness statement about the chronology of moving house/hearing about the CCJ from the first time (NOT ABOUT YOUR DEFENCE OR THE PARKING EVENT):

    https://forums.moneysavingexpert.com/discussion/comment/77715639/#Comment_77715639

    And read this from @henrik777 (and then click on his username and read LOTS more posts by 
    @henrik777, as he mainly posts about setting aside a parking firm CCJ):

    https://forums.moneysavingexpert.com/discussion/comment/76473858#Comment_76473858
    A summary of your choices regarding a SET ASIDE:

    http://forums.moneysavingexpert.com/showthread.php?p=71776504#post71776504 

    Here is a case which shows what you have to do, in order to satisfy the points the Judge will be wanting to hear:

    https://forums.moneysavingexpert.com/showthread.php?p=74864199#post74864199

    Two CCJ set aside examples from 2020 where the Judge ordered for the Claimant (PPC) to pay the £255 fee back to the victim (you MUST ask during the set aside hearing, at the end, for your costs!):

    https://forums.moneysavingexpert.com/discussion/6083420/ccj-at-previous-address-from-ppc/p1
    and the second one: 

    https://forums.moneysavingexpert.com/discussion/6077746/county-court-judgement-received/p1
  • teknotel
    teknotel Posts: 122 Forumite
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    I just dont have the time for this at all. I am just going to resolve to send the witness statement, draft order and completed N244 and just use my common sense going forward.

    As a user of this site I really think it would benefit everyone if there was a stickied step by step guide for this specific task. The newbies thread is convoluted tbh, but useable, I have used it successfully every time. 

    But having to search through thousands of comments for information that isn't even relevant to your specific case just takes too long. Surely a very straight forward:

    1) Contact PPC and request consent to set aside judgement. Use this template:

    2) Fill in N244 and pay court fee. Obtain from this site ... or court ...

    3) Use this witness template statement, attach with N244.
    a) If you are aware of alleged contravention use this template
    b) If you are unaware of alleged contravention use this template.

    4) Attach 6 point draft order. Use this template.

    5) Send all documents to the court.

    This is my understanding of the process after about 3 hours of reading yesterday and today. 
  • Coupon-mad
    Coupon-mad Posts: 131,608 Forumite
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    Henrik's replies won't say 'template' or 'step by step guide' but they will give you exactly that.

    If you are back to April already you must have learned loads from his replies already because I recall him setting out more than once in the past six months, what to do first snd what to say when asking for set aside consent.

    Please don't skim read his replies.  Read them as though they are for your case.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • teknotel
    teknotel Posts: 122 Forumite
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    Henrik's replies won't say 'template' or 'step by step guide' but they will give you exactly that.

    If you are back to April already you must have learned loads from his replies already because I recall him setting out more than once in the past six months, what to do first snd what to say when asking for set aside consent.

    Please don't skim read his replies.  Read them as though they are for your case.
    I have learned lots but every case is specfic and requires various alteration to the documents.

    I appreciate all the help, but as I have stated I simply do not have the time to read thousands of messages.

    I do have the gist of it now, I will finish writing my documents and post some simple yes and no questions here and if anyone wants to answer they can, if not I will just submit these files and hope for the best.

    I have physically spent 4 hours on this over the last two days, I simply do not have this sort of time free required for this.
  • Coupon-mad
    Coupon-mad Posts: 131,608 Forumite
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    edited 19 October 2021 at 4:06PM
    Asking for consent to a CCJ set aside involves no documents to be written, just an email as set out by Henrik.

    It also doesn't involve paying the CCJ of course.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • teknotel
    teknotel Posts: 122 Forumite
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    Draft order - point 3 + 4 have a date entry in them:

    3. Unless the Claimant serves a copy of the Claim Form on the Defendant by 4 pm on [date] paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £255 and the claim shall be struck out.


    What date do I put in here and for 4?

    I have completed the N244 as Henrick has instructed, but do I really want a hearing over a telephone hearing?

    Is there any difference or reason for this?

    It is conflicting on whether I need to ask consent or not. Several threads suggest not to. Do I need to considering my specific situation.


    Can someone please just check if my documents are ok? I will just remove my surname and address for this:

    Witness Statement

    I am T and I am the defendant in this matter. This is my supporting statement to my application dated 19 October 2021 requesting to:

    a. Set aside the default judgment dated 6th April 2021 as it was not properly served at my current address.

    b. Order for the original claim to be dismissed.

    c. Order for the claimant to pay the defendant £275 as reimbursement for the set aside fee.

    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 6th April 2021. I am aware that the Claimant is One Parking Solution Ltd., I have no knowledge of the alleged contravention as I was never once sent any notification of it.

    1.3. The claim form was not served at my current address and I thus was not aware of the Default Judgement until 18th October 2021 following a letter from DCBL, a debt recovery agency who did not give any details of either their client or the alleged contravention.

    The address on the claim is (5 year old address). I moved to my current address at (New address) on the 2nd of February 2019. I moved away from the address listed in 2017. In support of this I can provide copies of tenancy agreements or proof of purchase.


    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 18th October 2021.

    1.4.2 On 18th of October I contacted the County Court Business Centre to obtain relevant information relating to this default judgement; 

    1.4.3 On the 19th October 2021 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, as I have no idea what the original alleged contravention is about I have no idea how long they have had to ascertain this information. This has led to the claim being incorrectly served to an old address and an irregular judgement.

    1.7. According to publicly available information my circumstances are far from being unique. The industry’s persistent failure to use correct and current addresses results is an unnecessary burden for individuals and the justice system across the country.

    Furthermore, Prime Minister May publicly pledged to investigate ‘abuse’ of the CCJ System and so called ‘Credit Clamping’ as reported in the Daily Mail article dated 12 September 2016. The Right Honourable Sir Oliver Heald on 23 December 2016 "announced a crackdown on unresolved debts which can damage people’s credit ratings without them knowing. The action comes after concerns were raised that companies were issuing claims to consumers using incorrect addresses."

    The Minister added "It cannot be right that people who are unaware of debts can see their lives and finances ruined by county court judgments. That in the digital age, we must ensure companies pursuing unpaid debts make every reasonable effort to contact individuals, rather than simply relying on a letter to an old address.” Furtherance to points raised in 1.3 above.

    1.8. Considering the above I was unable to defend this claim. I believe that the Default Judgement against me was issued incorrectly and thus should be set aside and I ask the Court to kindly consider the reimbursement of the fee of £275 from the claimant should this request be successful.




  • D_P_Dance
    D_P_Dance Posts: 11,503 Forumite
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    This is a complicated matter and there are no short cuts.  4 hours is nothing, 40 hours is not uncommon.  Have you complained to your MP?

    Before you are tempted to pay be aware this is a scam, and the PPC may hace connections to organuised crime.  Do you really want to finance hard drugs, modern slavery, and people smuggling?
    You never know how far you can go until you go too far.
  • teknotel
    teknotel Posts: 122 Forumite
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    D_P_Dance said:
    This is a complicated matter and there are no short cuts.  4 hours is nothing, 40 hours is not uncommon.  Have you complained to your MP?

    Before you are tempted to pay be aware this is a scam, and the PPC may hace connections to organuised crime.  Do you really want to finance hard drugs, modern slavery, and people smuggling?
    I appreciate this, but I simply do not have the time deal with it I am far too busy, as said I have a couple of hours free time per day usually to do anything outside of child care and work.

    I absolute despise these people and always fight them tooth and nail. In this case I have no knowledge whatsoever of the alleged contravention so I have had no chance to defend myself.

    There is nothing I can do about this and I simply do not have weeks to get this sorted. I just need some templates and to change the details to suit me and hope for the best. That is the best I can do with my time. To be honest I feel I am almost there.

    If it really is this complicated and what I am doing is wrong I will just pay for professional assistance. This has nothing to do with money, its the CCJ on my name that it is the problem. If there was a way to simply pay this to all go away I would, only because its less valuable to me then my time is.
  • D_P_Dance
    D_P_Dance Posts: 11,503 Forumite
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     I have no knowledge whatsoever of the alleged contravention so I have had no chance to defend myself.

    Of course you can defend yourself, you obtaiin that knowledge by sending a SAR, read this

    https://ico.org.uk/your-data-matters/your-right-to-get-copies-of-your-data/


    You never know how far you can go until you go too far.
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