I want to fight 2 get my CCJ set aside (Thanks to you hero's giving me confidence that its possible)

Jazzagi81

Today's the day. I'm so very nervous. I have prepared as much as possible and keeping everything crossed I get a nice judge. Trying to remind myself that the worst case is I lose, and then I'm in the same position I'm in already, but at least I won't have to worry about the court case anymore, which I've done for the past 5 months, plus I'll know I tried my best to fix this for myself and my family. I'll let you know the outcome either way, wish me luck  

Umkomaas

Good luck. Please let us know how it goes, however it ends. 👍

Coupon-mad

Hope the CCJ is set aside but the difficulty is that the Defendant has unfortunately paid the Claimant (before coming to MSE) so has fewer 'good reasons' to set aside.

Can't argue they "didn't get the claim form, so should be able to defend".  Normally a Judge will let a CCJ set aside case through on that basis at the court's discretion.

And I don't think Gladstones consented or care either way because the money was (wrongly) paid to them, removing the leverage - something which the OP knows.  I worry that the case for discretionary set aside is less supported than if the OP had not paid.

I hope the OP finds a way.

Jazzagi81

I bloody well did it!!!! They agreed to set the CCJ aside on the basis that I acted promptly and have a good chance of defending the original claim, so they didn’t go with it being an irregular judgement due to being served to an old address. 

They have also ordered that I submit a defence to the original claim to the court within 28 days, does that mean I may be able to get some of the fees/costs back? I think my main defence will be that I wasn’t the driver of the vehicle at the time of the parking event but I’ll be scouting the forums to see if there is anything else that could help. I’ve never really thought about whether the original claim was legit because my focus has always been on getting the CCJ set aside. 

I’m off to have a huge glass of wine, I was way more nervous than I had anticipated and I feel exhausted now. 

Thank you, thank you, thank you to @Coupon-mad and everyone else that has contributed to helping me get here, and to providing this invaluable resource! I wish I could buy you all a drink! 

milkybk

Jazzagi81 said:

I bloody well did it!!!! They agreed to set the CCJ aside on the basis that I acted promptly and have a good chance of defending the original claim, so they didn’t go with it being an irregular judgement due to being served to an old address. 

They have also ordered that I submit a defence to the original claim to the court within 28 days, does that mean I may be able to get some of the fees/costs back? I think my main defence will be that I wasn’t the driver of the vehicle at the time of the parking event but I’ll be scouting the forums to see if there is anything else that could help. I’ve never really thought about whether the original claim was legit because my focus has always been on getting the CCJ set aside. 

I’m off to have a huge glass of wine, I was way more nervous than I had anticipated and I feel exhausted now. 

Thank you, thank you, thank you to @Coupon-mad and everyone else that has contributed to helping me get here, and to providing this invaluable resource! I wish I could buy you all a drink! 

Congratulations!

B789

Which court/judge? Well done. You are back to the beginning of Plan D.

The problem here was that you'd paid the CCJ and in effect admitted liability. However, are you absolutely sure they didn't set it aside compulsorily under CPR 13.2 because of the defective service but also allowed it under the discretionary CPR 13.3 because it has a good chance of being defended successfully?

Jazzagi81

@B789 I paid it to try and do the right thing quickly, because I was in panic mode, I know the claimant said that was an admission of liability, but that's simply not the case. I certainly won't do that@B789 n, although after all this it's highly unlikely I'll ever find myself in this situation again.

It was definitely CPR 13.3, I talked him through the timeline to satisfy him that I'd acted promptly and focused on the fact I wasn't the driver of the vehicle.

He was very kind and patient. I noticed on the court boards there were 3 other cases today for set-aside applications against parking companies, so I guess they deal with a lot of these. I'm guessing he could have just set the judgment aside and left it there, but he chose to take it further by asking me to submit a defense and go back to court, I don't fully understand why to be honest, any thoughts? 

Jazzagi81

> You are back to the beginning of Plan D.

What do you mean here btw? 

B789

What did the judge say about costs? Did the judge order that the payment you made be refunded? There must have been some element of the hearing about costs, one way or the other. Was judgment of the costs reserved?

Right now, you don't have a CCJ but you have paid the Claimant £277, the court £275 and you have still been ordered to defend the original claim. Surely the judge ordered that the claimant repay the original £277 at least.

You are now back in the position you would have been in if you'd received the claim and were defending it. You have been given 28 days to submit your defence. Was the claimant ordered to resubmit the claim?

You will use the defence template from here.

Jazzagi81

@B789 There was no mention of costs, but I got the impression he thought my defense re. not being the driver is the angle I should go with, and presumably if i were to win the case then they would have no choice but to refund the £277. I need to read up on this as I skimmed it in the stickies when I was focussed on the set aside, rather than the actual parking charge. 

I believe they have been ordered to do something, I'm hoping I'll receive some sort of summary to confirm everything as I was struggling to concentrate on all the information during the hearing.