Getting CCJ set aside for parking ticket even if I didn't let DVLA know

henrik777

If the Judge believes it appropriate, the Claimant agrees to the removal of the Judgment and for the Claim to be restored or settled upon payment of £85 being made to the Claimant by the Defendant, and no order for costs against the Claimant being made as the application was of the Defendant’s own making.

This would be a good time to remind the court that you sought a consented application and were refused/ignored. If you asked, obviously.

CH1991

If anyone is available to help me with a very similar situation to this thread,I would be willing to pay as a small gesture of gratitude! 

I have already been served a judgement by default (Fee of £334 to pay) and am set to receive a CCJ on 07th November 2022. I would like to appeal for a set aside, as I had moved addresses during this time and did not receive any of the court summon letters until it was too late. 

I have read through the newbies thread and believe I have a case for set aside but I am a complete novice when it comes to legalities and making statements etc. Any help would be hugely appreciated. 

Le_Kirk

The help you require is in the NEWBIE sticky second post with links to example witness statements and names of recent posters who have been through the process.  Don't just read the NEWBIE sticky, follow the links and read where it takes you.  Read also some replies by @henrik777 (as I see he replied on this thread) if you want bespoke help, start your own thread/discussion and give us some more details.   Also you are on the thread of a poster who is now used as an example, read it and follow the steps.

Brokenchief

Hey guys.

I'm glad this has been useful to some people. Just a heads up, due to the amount of pages you'll have to go and file the paperwork in manually to the county court.

I have my trial at the end of the month. What can I expect? What should I be prepared for?

Is it going to be the judge just reads through the paperwork and he'll either agree or disagree or am I going to have to fight my point across?

I'm guessing it's a good idea to bring a copy of all of the paperwork I've already filed?

I just need to know if I need to spend a few days going over the info if I'm going got be quizzed loads.

Many thanks 😁

Le_Kirk

Very wise to take copies of paperwork with you as we have heard of instances where the clamant claims they did not receive the defendant's WS!  In terms of what to expect, one of the regulars @KeithP often posts this: -
www.youtube.com/watch?v=n93eoaxhzpU
It has been altered recently and you will have to copy the URL into your browser of choice

Harvez63

Good luck for your case @Brokenchief, please report back how it was for us going through the same cr*p 

Brokenchief

UPDATE - I WON! (Just about).

I didn't study enough and generally struggle on the spot with things like these.

The other party never came.

The judge started by tearing me up on the fact that the claimant didn't have reason to believe that I had moved and that the address from the DVLA is enough evidence of residence. I tried to argue the fact that they had no response from letters should be a reason to suspect it might be the wrong address. That didn't work.

Another point I made is that they found my correct address after the CCJ had been made, if they didn't have reason to believe I had moved then why did they then do a check to find my location afterwards.

I calmed down a bit and went through the DVLA section on my skeleton argument again with him and he seemed to agree with it this time (not sure he even properly read it the first time round).

The judge didn't seem to agree with wiping the offence as it had been 4 months and said they can do it again if they like. He quickly changed his mind on that after I got him to read through my skeleton argument again and skim the case studies.

I've got my court fees back and £150ish litigation costs. I've recently started a business that is booming (Christmas rush) but didn't file the paperwork to get loss of earnings paid to me which could've easily been another £600. Slightly relieved I didn't at the same time as I'm sure they're more likely to appeal it the more they lose.

What are the chances CE will appeal the case?

And a MASSIVE thank you to everyone who helped me!

Grizebeck

Well done
As you could tell you had to lead the judge which is quite common.
They wont appeal

Coupon-mad

Brilliant news!

So the claim is dead too?!

ANOTHER ONE BITES THE DUST!

See you for the Government Public Consultation - don't miss it!

Looks unlikely to be published before Xmas, but keep your eyes peeled in early 2023.

We all need to ram the nail in the coffin of the false £70 'DRA fee' add-on, that actually funds the court claim and toxic CCJ culture, as well as the DRA gaslighting of people.

Please come back here when it opens, and you can make sure you don't miss the Consultation:

If you are not a regular reader (normally!), to be alerted you'll need to bookmark the thread by MSE_JC at the top of the forum and enable (on your profile) email alerts for bookmarked threads.

Then join us when the Consultation opens.

Brokenchief

@Coupon-mad

Yeah it's dead. The judge originally said they they can just restart it but after going through my skeleton argument again he agreed with me. All they can do is appeal.

A massive thank you for the help getting my skeleton argument right. If I went with my original I'm sure I would've lost.

One last thing. Will CE contact me to pay back my fees or is it through the court?