Dilemma-pay CCJ within 30 days or set aside

kiddo19

I received a CCJ in default on 10th March 2022 and found out 6 days later by checking credit core. It was about a parking fine issued in October 2021 that was sent to my previous address. After researching on this site, on day 8, I sent Form N244 together with witness statement and Draft judgment to the County Court Business centre. Day 14, I received a letter by post confirming my claim has been transferred to my local County Court to decide time and date for the set aside hearing. Now day 26, I haven’t heard from my Local County Court, I’m getting worried as I’m risking losing the opportunity to pay for the CCJ within 30 days for it to be off my credit record. On the other hand, I’m not happy to pay for it and I have a good case to get it set aside. Can I ask you how many days later did you hear from your Local County Court after the Notice of Transfer of Proceedings? Should I stick with my flight with the parking company or pay for the CCJ? Thank you 

Coupon-mad

Which PPC?  Civil Enforcement or VCS or who?

kiddo19

Coupon-mad said:

Which PPC?  Civil Enforcement or VCS or who?

The claimant is called Brewerygate Limited and their solicitors are Gladstones solicitors. Parking fine was for over staying the car park for 23 minutes. 

Coupon-mad

https://uk.trustpilot.com/review/brewerygateltd.co.uk

They sound like charmers.

Have you emailed them a SAR?

Have you checked your car is now correctly registered with the DVLA with your correct address on the logbook now?

We can't tell you whether to pay it or not.  I wouldn't, personally I'd take the temporary blip knowing you will almost certainly get it set aside under CPR 13.2 or 13.3

KeithP

kiddo19 said:

Coupon-mad said:

Which PPC?  Civil Enforcement or VCS or who?

The claimant is called Brewerygate Limited and their solicitors are Gladstones solicitors. Parking fine was for over staying the car park for 23 minutes. 

Not been mentioned on this forum before. IPC AOS members.

According to Companies House, incorporated in January 2021.

They seem to have just the one car park in Liverpool.
Unfortunately the latest GSV image was from 2020 - before Brewerygate Ltd existed.

kiddo19

They sound like charmers.

Have you emailed them a SAR?

Have you checked your car is now correctly registered with the DVLA with your correct address on the logbook now?

We can't tell you whether to pay it or not.  I wouldn't, personally I'd take the temporary blip knowing you will almost certainly get it set aside under CPR 13.2 or 13.3

Thanks for the link. I did use CPR 13.2 and 13.3 as my defence in the witness statement. 

The fine was issued to me in October 2021 to my old address. 

In December their Gladstones Solicitors sent a letter to my current address, acknowledging that it was their first time writing to this address. I then did research on this site, requested a SAR from the Brewerygate limited directly by email and sent email to Gladstones Solicitors. I provided my new address to both companies. Then I have not heard anything from either of them. 

So they did have my address in December but still decided to send further letters to my previous address. 

I requested a SAR from Brewerygate again after finding out the CCJ in March, no response so far. 

Thank you 

Coupon-mad

What you've just said has decided it, in my view.  Clearly unreasonable conduct and an improperly served claim.

A Judge would be mad (and wrong) to refuse your application.  You should get all your costs awarded (paid by the Claimant - but you must ask for them and describe what happened) and as the claim was never served, they'll have to start again snd serve it.  

kiddo19

My log book should be my current address where I have been living for 4 years. Got my car less than 3 years. 

Coupon-mad

How come the PCN went to an old address?

KeithP

kiddo19 said:

My log book should be my current address where I have been living for 4 years.

Why is the word 'should' in that sentence?
Can you not confirm that the keeper's address at the DVLA is your current address, and was you current address throughout 2021?

kiddo19

Coupon-mad said:

What you've just said has decided it, in my view.  Clearly unreasonable conduct and an improperly served claim.

A Judge would be mad (and wrong) to refuse your application.  You should get all your costs awarded (paid by the Claimant - but you must ask for them and describe what happened) and as the claim was never served, they'll have to start again snd serve it.  

That’s such a relief to hear, thank you for helping me feel confident again. 

With Form N244, I also provided the evidence of Gladstones letter to my current address and my emails to them requesting a SAR and providing my new address. These exhibits are with the court already. During the hearing I’ll certainly request my costs to be reimbursed by the claimant. 

My family said that I should have paid for the CCJ that costs £281 and a set aside hearing fees are £275. They said I’m jeopardising my credit score. I’m getting worried, knowing I have a good ground but losing the opportunity for the CCJ to be removed by paying within 30 days. 

Can I double check please? if my local County Court grants the set aside, does it mean the CCJ will be removed even after 30 days from the issue date?