CCJ - Parking fine (DCBL)

paulr23

Coupon-mad said:

You have to sign and date a WS under a statement of truth so personally I'd print it then scan it and save as a PDF.  If no access to a scanner then sign & date it with an electronic signature.

The Draft Order must be a Word doc because the idea is you are supplying a document that you hope the Judge will use.

There is no '12 month' rule exactly, but there IS something along the lines of what I described.  Not sure what paragraph.   It's vital, to show that AOS members are required to be sure their letters are reaching the defendant before litigation.

I think title deeds are a bit bulky and evidentially unnecessary.  What about a completion of sale letter from your solicitor and a utility or council tax bill from your new address for the month after?  Proves you moved out.

I sent it all off to my local county court this evening without the part from BPA as I couldn’t find it and wanted to get the application in asap because it’s been a fair while since the ccj.  I’m a bit nervous now however I’ve seen other examples without this, the main thing being CPR 13.2 which wasn’t met. 

To be honest, the title deed is fairly short as it was a new build and I referenced where it is which shows the proprietor. It does effectively prove I moved out because who would buy a house and the ex person who owned it still live there, I guess that’s possible but unlikely. I don’t pay council tax where I moved back to as it’s my parents place so I really don’t have any other proof that I moved here. I’m not sure if I could contact the council tax office where I moved out from as proof of this, I’ll give them a call tomorrow and attach it to the email where I sent all the documents.

I emailed my documents to my local CC so I’m not sure if that was the right thing to do or I needed to contact the ccbc

EDIT I’ve just had another look at the code of practice and noticed it is 24.1.c which states 

“ Before serving a Letter Before Claim and prior to the issue of proceedings, Operators must, if no responses have been received to the NTD/NTK/reminder letters, take reasonable endeavours to ensure that the contact details for the person you are writing to are correct.”

I will make an amendment to this tomorrow before the court opens 

Coupon-mad

You need to phone them amyway to pay the £275 fee.

They might tell you to re-send your application to the CCBC by email anyway, in which case you could add that BPA quote and save your WS as a PDF again..

paulr23

Ok all applications have been sent to CCBC and it has been paid for.. I wasn't sure if i qualified for the assistance with fees or not so I just paid it as im not sure on their criteria. I will let you know the outcome and so on, I'm pretty confident that it will be set aside based on previous comments saying that the majority have been set aside due to this exact reason

Thanks Coupon Mad you are a star

Coupon-mad

Check the 'help with court fees' webpage.  It covers lower incomes, not just people on a benefit.

Le_Kirk

paulr23 said:

Coupon-mad said:

You haven't done the search I advised, where I said you would find examples of the witness statement you need about the claim being dead.

Witness statement needs to go to whom though, the court? 

I did have a look but I couldn't see much mostly it was your comments saying about that I believe. I'll take another look

Unless you have now found one, here is just one such thread/discussion found using "4 months dead set aside": -
https://forums.moneysavingexpert.com/discussion/6331149/help-needed-with-set-aside-ukpc/p1

paulr23

Hi,

does anyone know what sort of timeframe the courts are going by. I applied for this almost 3 months ago, and it’s really impacting me as I’m trying to get a mortgage which will be near impossible.

Ive heard from the court and they said 

“ We have referred the file to the District Judge and are awaiting directions. Unfortunately our centralised listing department are also experiencing a high level of arrears.”

not sure if this is normal procedure?

Coupon-mad

I'd put in a complaint and point out it's an application, which you understand, due to the circumstances, is the sort of situation that is meant to be urgently listed and not wait like a claim would.

paulr23

Coupon-mad said:

I'd put in a complaint snd point out it's an application, which you understand, due to the circumstances, is the sort of situation that is meant to be urgently listed and not wait like a claim would.

Unfortunately the court are notorious at not getting back to people, I’ve emailed them numerous times just to get a confirmation whether they received my application, which they had. 

For something that takes 10 minutes (I assume) this is rather silly to wait 3 months when I assume the company issuing it against me probably didn’t have to wait anywhere near this long, assuming they would have to do a similar thing. 

I’ll try call them tomorrow but I won’t hold my breath. It’s southend CC they’ve sent it to if anyone has had dealings with these recently

Coupon-mad

I wasn't saying to call anyone.

An email complaint to the court manager.

Umkomaas

If an email doesn't work, get your MP involved in rattling the court cage.  Thinking on, I'd get him/her involved immediately, without awaiting the outcome of your email.