CCJ set aside

SaveMyPenniesPlease01

Hi Everyone, 

Thanks everyone in advance for any input on my case. I have read through the newbies post as suggested on “‘setting aside” and feel full of fear and confusion with regards to my success in this case, as I attempt to get it set aside. 

I received a claim form and a judgment for claim form all in the same week in February this year relating to a parking charge from CIvil Enforcement for a car that I previously owned. This is for a alleged parking contravention in June 2020. I was surprised to find out I now had a CCJ without any prior knowledge of the alleged offence. I’m not sure who was driving the vehicle at the time or have any PCN information relating to the incident. Due to a back injury I’m now confined to bed and forced to try and sort out this problem. I know I should have done this earlier but I’ve been putting it off as this kind of thing fills me with fear and anxiety. 

- Is it best to apply to get this set aside via the money claims website or to do it all in writing with a N244 form? If I do it via the money claims website do I need to attach the WS and the Defence or is that at the hearing itself? It states I need to do this in writing if I’m relying on a witness statement. If that’s the case do I pay via cheque with my form? How does it work. 

My plan was to apply via the MCOL page stating 

- Set aside the default judgement dated …. As it was served at the same time as the claim form and didn’t give me ample time to respond. 

- Order the claimant to pay the defendant £255 as reimbursement for the set aside fee 

- Order for the original claim to to be dismissed, or re-heard at a new hearing. 

- Order to stop any enforcement applications by the claimant pending the set aside hearing. 

Would the above be correct to put in the supporting evidence box on the MCOL website? Or do I need to draft my defence and put as much as that as possible in the there. 

All very confusing for me so any help is much appreciated. 

A x 

KeithP

Hello and welcome.

I find it difficult to believe that you have a Claim Form and a Default Judgment issued in the same week.

Please check again the dates on those two documents.
Also check that the Claim Number is the same on the Claim Form and the Default Judgment.

However, one thing is very clear... if you have a Claim issued in February and didn't respond to it, then almost certainly you have a Judgment (by Default) against you.

Mouse007

SaveMyPenniesPlease01 said:

I received a claim form and a judgment for claim form all in the same week in February this year relating to a parking charge

I am a bit confused by this, you can not receive a claim and judgment (relating to the same event) in the same week.

Please clarify the sequence of events.

SaveMyPenniesPlease01

Hi KeithP, 

Sorry maybe I didn’t articulate myself properly. The claim form was dated at the end of December and the Judgement for claimant was dated at the very beginning of Feb. However I received them in the same week? Is this something people on the site have experienced before? 

Yes you’re correct I almost certainly have a Judgment (by default) against me

Regards A   

KeithP

You need to work out why you didn't receive a Claim Form until two months after it was issued.

Is your address Correct? Have you moved? Working away from home?

Unless you can demonstrate that what you say is true, then getting anyone to believe that a Claim Form took two months to be delivered to you might be difficult. As might getting a set-aside. 

SaveMyPenniesPlease01

Hi Keith, 

The car was sold in June 2021. I just dug out the finance docs on the car and the address was correct on those. I’m unsure about the insurance documents. I did move move the year prior but I can’t recall when I updated my driving license to my current address. I’m assuming this is how they access the driver details? 

Could I not get the CCJ set aside based on another technicality? Like the driver involved at the time was not the registered keeper? Ive read so many set aside posts today it’s difficult for me to se which one best suits my dire situation.  

Coupon-mad

Except if the applicant can show good chances of successfully defending the claim.  There might be discretion by a local court, especially if it's a good one, like Southampton.

KeithP

SaveMyPenniesPlease01 said:

Hi Keith, 

The car was sold in June 2021. I just dug out the finance docs on the car and the address was correct on those. I’m unsure about the insurance documents. I did move move the year prior but I can’t recall when I updated my driving license to my current address. I’m assuming this is how they access the driver details? 

How do you think a parking company can get driving licence details from the DVLA. They do not know the name of the driver.

I suspect you failed to update your vehicle's Registration Document (V5c) with your new address when you moved.

Mouse007

Are we not 6 months on from when you received the CCJ or have you only just found out about it? For a set aside I thought you had to apply asap without delay.

Coupon-mad

Not always - but promptness is usually a consideration.

SaveMyPenniesPlease01

No I found out about the CCJ six months ago, in Feb. But due to my unmanageability & inability to cope with life on life’s terms I haven’t tried to deal with it properly until now. 

I also definitely didn’t update my (V5c) with my address so perhaps Keith is right and that’s why I received both documents at the same time. I will keep reading posts and see if I can learn anything else to help me. 

Thanks A