Ccbc claim help needed for defence.

Coupon-mad

I really don't know what's the next step?

Because you haven't yet read any of our (hundreds and hundreds...) of CCJ set aside threads, or the NEWBIES thread section all about it.

Slow down and read.

And do ring the CCBC back and ask for the right info this time:

(a) a copy of the Particulars of claim,
(b) the date CCBC reckon it was posted, and
(c) the address it was posted to (could be an old address which is the most common issue).

You need to know all of the above.

Of course you don't PAY the £560ish to the scammers(!) but yes you do (sadly) have to front the £275 in order to achieve your aim and get the Claimants ordered to pay you it back...

ALL of this is explained in the NEWBIES thread!

Sasanova

Ok thanks I’m on the phone now trying it’s been 45 minutes still waiting but tell me does this mean the ccj has already been registered against my name?

Coupon-mad

Yes and no.  Technically it exists but if you paid £560+ it would disappear.

BUT DO NOT TAKE THAT ROUTE.

THAT LETS THEM WIN.

You want it wiped by the court.  You want the scum PPC to pay back your £275 and to crawl back under their stone for good, with the claim dismissed.

Sasanova

I read on one of the threads that if you try and get consent from the claimant to set aside the fee will be £100 is that worth a shot?

Galloglass

"With consent" would be agreed by the PPC IF you agreed to pay them the full amount but as you could pay the full amount within the 30 days (not recommended above) you would not need "with consent"

Does this mean I now have a ccj against my name even though I was not given a chance to defend?

Set aside hearings are running at about 20% - 30% of parking cases at the moment. It used to be 10%. Lots and lots of people have been hit with these undefended claims because of the way the DVLA have set this up. It's a DVLA problem and another part of government (DLUHC) have been tasked with clearing up the mess.

Coupon-mad

Sasanova said:

I read on one of the threads that if you try and get consent from the claimant to set aside the fee will be £100 is that worth a shot?

Yes snd no.

Yes because it looks reasonable to ask.  A Judge might like to see you did.

No because they'll tell you to pay the CCJ off and they won't pay your £108 fee. You will be £700 out of pocket and they get away with it.

Also you may not have a CCJ to set aside yet (because paying it off within 30 days kills the CCJ anyway...are you within 30 days if judgment?) so if you go paying them you've simply let them win extortionate money.

Our version usually gets the C to pay the £275 back in the end when ordered by the Judge (assuming the claim went to a wrong address).  The D is then not out of pocket and can defend the claim if the Judge doesn't immediately dismiss it.

But you need to find out the 3 things I advised you to find out from the CCBC, urgently.  Much depends on that info.

B789

Sadly, another case of not being fully prepared and reading through all the notes and advice in the Newbies thread.

Yes, there has been a CCJ made against you. However, it is only ever going to be "on your record" for 6 years if you don't do one of two things.

First... pay the full amount of the order within 30 days of judgement or...

Second... get the CCJ "set aside".

Getting a CCJ "set aside" is fully covered in the Newbies thread. But, as far too many visitors to this forum are either too lazy to bother fully reading it or are just incapable of understanding it, here is a brief description of some of the options for a "set aside" that you have.

1. You can have a "set aside" WITHOUT consent which will cost you £275 for the application. You can apply to have the claimant ordered to pay you back the "set aside" fee under some circumstances.

2. You can apply for a "set aside" WITH consent for £100 but, as has already been pointed out, the claimant will "consent" most likely but only if you pay the full judgement amount and any of their costs.

Now... think carefully and choose one of those options. Which one is most likely to be more in your benefit?

For £100, you are still out of pocket by the CCJ order amount plus your £100. In this case, something like £660. However, the claimant will then consider the matter closed.

For £275, you are extremely likely to get the CCJ "set aside" and more than likely to get the £275 refunded by the claimant. However, the judge will want to know whether the claimant has a reasonable chance of getting their original claim resurrected or they may decide that the original claim is without merit and dismiss it completely.

There are many nuances which I will defer to the regulars who have a much better understanding of the law and the process than I do. I am just trying to get the OP and anyone else reading these threads to try and help themselves by putting a bit more preparation and thinking into their own cases and not just relying on simply cutting and pasting what a more knowledgable regular posts here.

Coupon-mad

I don't think this OP did anything wrong.  No claim arrived at all for these PCNs, so if not explained by postal strikes, I suspect an old address was used.  The OP could not defend a claim that didn't arrive.

OP needs to ask the 3 questions I gave them.

B789

I am not saying that the OP did anything wrong. Yes, it appears as though there has been an error in the system and no Particulars of Claim were ever received, for whatever reason, by the D. However, the OP should be re-reading through the Newbies thread and searching the forums for similar situations where they could educate themselves as to what happens next and what they need to do.

As you mentioned:

Coupon-mad said:

I really don't know what's the next step?

Because you haven't yet read any of our (hundreds and hundreds...) of CCJ set aside threads, or the NEWBIES thread section all about it.

Slow down and read.

And do ring the CCBC back and ask for the right info this time:

(a) a copy of the Particulars of claim,
(b) the date CCBC reckon it was posted, and
(c) the address it was posted to (could be an old address which is the most common issue).

You need to know all of the above.

Of course you don't PAY the £560ish to the scammers(!) but yes you do (sadly) have to front the £275 in order to achieve your aim and get the Claimants ordered to pay you it back...

ALL of this is explained in the NEWBIES thread!

I am just trying to make sure the OP understands what is needed of them in order to try and avoid a lot of repetition by yourself and others who give up their valuable time assisting others such as this OP.

Sasanova

Thank you for all your comments first I appreciate all the help from you guys without you I would not have been able to have DCBL dropping the court case on one of the tickets and believe me I was so ready to fight the other 2 but of no fault of my own I received the judgment yesterday, it was a complete shock to me as I never received anything from CCBC like the first case to respond to!! When I did ring CCBC out of panic I was told by the admin that it’s probably as a result of the postal strike which I find it hard to swallow, a delay I could understand but never arriving is a different issue, I have lived at the same address for 24 years therefore they could not have sent it to a different address!! Now I find myself in a very frustrating position I feel after 4.5 years of fighting this was the biggest blow dealt to me by the CCBC to bring me down and the timing of it is quite suspicious too as soon as they dropped the court case due to be heard end of this month this happened was it really a coincidence!? I will phone CCBC on Monday as yesterday afternoon stayed on hold for 1:45 hours without success to ask the 3 questions suggested by Coupon-mad.
yours frustrated