Setting aside ccj

taylor94

KeithP said:

taylor94 said:

This is screenshotted from part of the email I received from the civil enforcement legal team 

The last line on that image you have shown us seems to be saying "The CCJ will be marked as satisfied...".

That is definitely not what you want. A 'satisfied' CCJ is not much better than an unsatisfied one.

You want the Judgment set aside, not marked as satisfied.


But of course as you haven't shown us the full message I may have completely misinterpreted those bits that you have shown us.

Sorry, here is the rest of that section. 

So they are suggesting I have the ccj marked as satisfied and then try to get it set aside. 

Am I right in thinking that paying the £85 would be taking liability and worsening my chances of having it set aside by a judge?

Coupon-mad

Hard to say how a Judge would view it if you paid it off but my gut feeling is you'd be in a slightly worse position to get the CCJ set aside because the application could be viewed purely as a credit-cleansing exercise.  An absolute nono for the courts.

Also they haven't shown you a draft of the consent order.  Could be badly worded, and set you up to fsil, as happened to a poster called Olive last year.

Ask for a draft of the consent order they use but I'd be thinking about a without consent set aside.

I hear on the grapevine, that Keller Lenkner’s senior associate says that they are intending to launch a further group action against the DVLA, known as DVLA2 under the heading ‘bad processing’.

 

They are looking for around 100 potential claimants who fall into any of the following categories:

 

1. PCN issued when valid ticket purchased (this probably includes other ;no breaches', like double dips).
2. Court proceedings issued despite PCN being paid/appealed successfully
3. PCN issued by unregulated car parking company
4. PCN issued against previous owner
5. PCN issued where faulty ticket machine meant individual could not purchase a parking ticket
6. PCN issued against incorrect vehicle (ANPR fault – picked up incorrect reg plate)
7. PCN/Court proceedings sent to wrong address

D_P_Dance

They obtained a judgement for a very inflated sum, for amounts which you did not owe, and some of which they did not incur.   If I was you I would take the course which, if sucessful, would cause them the jaximum inconvenoence and expense and imo, paying them £85 and £108 court fee is not tat,  i

taylor94

So would the best thing to do be continue to try and get set aside without consent? 

taylor94

Looking to respond to them today, still not clear on the best way to proceed 
any advice welcome? 

Le_Kirk

As I suspected and @Coupon-mad has confirmed you will be in a worse position if you pay the £85 and £108 because you will have a "satisfied" CCJ and a judge who might take exception to a credit cleansing application.  If you feel you have a strong chance of defending the underlying claim then go for a contested set-aside.  That way you have a very good chance of recovering the set-aside fee.  Whatever you do, you have to act promptly as you are trying to do.

taylor94

Hi, I took advice given on here and applied to set aside ccj through courts without consent. 

In response to filing this with the court, I have received attached email from civil enforcement. 

Are they right in saying I am likely to be refused the set aside if I didn’t promptly change my address with dvla or are they just trying to scare me? 

Coupon-mad

Yes,  they are trying to scare you.

Everyone here who seeks a set aside of a CCJ is in the exact same position as you and we've only seen one case refused last year (and he is seeking to appeal it).  Not updating a DVLA address in time is no excuse for them filing a claim to an old address.  PPCs have to check addresses before filing claims, and the Government has confirmed that this month. 

Indeed, they went a step further and will in future require PPCs to re-send the Notice to the new address and offer appeal/discount all over again.  I'd guess this is probably because the Government and HMCS has been very concerned for some time about the default CCJs sought by parking firms.

In our experience, CEL are the very worst at this.  Going by all the accounts we've seen (exactly like yours, hundreds of cases) they seem to have neglected to check addresses at all for a number of years.

That is far worse than you not changing your V5C when you'd probably changed your driving licence address and thought you'd done the job as far as the DVLA are concerned.  You are a normal and innocent victim in all this, and the Government - as part of the robust regulation of this rogue industry - has  this month, sent out a clear message about what a PPC should have done and must now do.

I would reply complaining about them trying to mislead and intimidate you despite having a barrister (ex-Wonga!) in charge of their purported 'Legal' Team and remind them that their use of the word 'violation' is banned and they must pull their socks up sharpish and stop issuing claims to unchecked, old addresses which is also banned, along with adding false 'debt recovery costs' which the MP responsible for the new legislation described was 'designed to extort money':

"E.2 Wording used in operator notices

Operators must not use the following terms:

• offence, offender, offending vehicle
• order for recovery
• Notice of Intended Prosecution
• illegal parking
• crime
• violation"

https://www.gov.uk/government/publications/private-parking-code-of-practice/private-parking-code-of-practice

explained here:

https://forums.moneysavingexpert.com/discussion/comment/79013061#Comment_79013061

Be confident.

taylor94

Thanks for your help! 

I have now been sent a notice of hearing for 26th April. 

Just so I can prepare.. what will happen at this hearing? Will I be asked to speak about the case? Do I need to bring anything with me? 

All the letter tells me is the date and address of the court 

Coupon-mad

So this is a set aside hearing that you paid for?   Not the PCN hearing.

Best to read a shedload of CEL CCJ set aside threads.  You will learn most about what happens, from those.