Set aside CCJ - did not receive claim form

Jamran

Coupon-mad said:

Coupon-mad said:

No defence yet!

Witness statement with attached proof of being abroad AND proof of her address changes.  As seen in the case by @So_Jacob this time last year.  Read her long thread!

Also read the successful set aside examples by @Brokenchief  and @Jack5656 and copy what they put (and show us her draft).

should she pay the CCJ so that the CCJ doesn’t go on her file, while also applying for it to be set aside?

Up to her but ONLY if it is still within the 30 days.

We would not...but I don't want to make that decision for her, in case the Judge at the hearing is not with her.  Set asides are VERY likely to be agreed where s claim was improperly filed to a wrong address, but not guaranteed.

IMHO it is better to let it go to a CCJ and take the hit on credit rating temporarily but I want that to be her decision.  Also if she pays it there is no CCJ to set aside a d some courts have then closed down applications and kept the fee!

or does she apply and the CCJ will be placed on hold while her application to set it aside goes ahead?

No it is not placed on hold.

Just a reminder of what I said above.

I worry that with a claim that we know now was addressed correctly and with no postal strike to blame, she is certainly not guaranteed this will be set aside at all.  I am not convinced a curmudgeonly old Judge would believe it didn't arrive.

If it isn't set aside, that's it for her: she's stuck with it ruining her credit rating and preventing her from moving house for six years.

Why isn't the fact she was abroad being used?  Was she actually away the whole of March? 

She was away from 11th Feb to 11th March. I didn’t include it merely because someone said she still could’ve responded by 14th March and I didn’t want to confuse her case by adding the abroad argument but I get your point. I’ll add it in

Coupon-mad

With evidence of flights.

Jamran

 Coupon-mad said:

With evidence of flights.

If we add the abroad reason does she stand a better chance? Because, like you said, I don’t want her to be stuck with a CCJ for 6 years if she definitely won’t get it set aside. 

Coupon-mad

We can't promise it will be set aside but being abroad AND having good prospects of defence might be enough to convince a Judge to use their discretion, set aside the CCJ and let her defend it.

But it might not.  It all hinges on the discretion of a Judge on the day.  Like I've said from the start this has to be her decision.

Hmmm...what's her PCN defence?

Was she driving?

Which PPC?

Which solicitor?

Jamran

Coupon-mad said:

We can't promise it will be set aside but being abroad AND having good prospects of defence might be enough to convince a Judge to use their discretion, set aside the CCJ and let her defend it.

But it might not.  It all hinges on the discretion of a Judge on the day.  Like I've said from the start this has to be her decision.

Hmmm...what's her PCN defence?

Was she driving?

Which PPC?

Which solicitor?

It was parked in front of her house. She is a wheelchair using blue badge holder. 

Also, the usual defence of no landowner authority etc. I’ve won in court against them for a ticket I recieved there previously. 

UKPC
DCB Legal

Got this through the post today after SAR. 

https://share.icloud.com/photos/070v0-RVSmyUlL3J9ggaNgYWw

B789

Was the blue badge on display at the time?

Coupon-mad

Jamran said:

Coupon-mad said:

We can't promise it will be set aside but being abroad AND having good prospects of defence might be enough to convince a Judge to use their discretion, set aside the CCJ and let her defend it.

But it might not.  It all hinges on the discretion of a Judge on the day.  Like I've said from the start this has to be her decision.

Hmmm...what's her PCN defence?

Was she driving?

Which PPC?

Which solicitor?

It was parked in front of her house. She is a wheelchair using blue badge holder. 

Also, the usual defence of no landowner authority etc. I’ve won in court against them for a ticket I recieved there previously. 

UKPC
DCB Legal

Got this through the post today after SAR. 

https://share.icloud.com/photos/070v0-RVSmyUlL3J9ggaNgYWw

SAR should not have gone to DCBLegal.

But the defence sounds compelling if she was done for not displaying a permit and was merely fetching it?  What was this predatory PCN for?

Jamran

Coupon-mad said:

Jamran said:

Coupon-mad said:

We can't promise it will be set aside but being abroad AND having good prospects of defence might be enough to convince a Judge to use their discretion, set aside the CCJ and let her defend it.

But it might not.  It all hinges on the discretion of a Judge on the day.  Like I've said from the start this has to be her decision.

Hmmm...what's her PCN defence?

Was she driving?

Which PPC?

Which solicitor?

It was parked in front of her house. She is a wheelchair using blue badge holder. 

Also, the usual defence of no landowner authority etc. I’ve won in court against them for a ticket I recieved there previously. 

UKPC
DCB Legal

Got this through the post today after SAR. 

https://share.icloud.com/photos/070v0-RVSmyUlL3J9ggaNgYWw

SAR should not have gone to DCBLegal.

But the defence sounds compelling if she was done for not displaying a permit and was merely fetching it?  What was this predatory PCN for?

No permit. She has a garage. It needs to be opened from inside. Obviously takes her longer than an able person to open it. So she parked outside the house, went inside to open the garage so that she could put the vehicle inside. In that time she got a ticket 

Coupon-mad

OMG that's an astonishingly compelling defence.

If a Judge is wavering and is not completely convinced that the claim never arrived (CPR 13.2 test maybe not met) I think/hope the fact she was abroad, plus that defence in itself meets the "some other good reason" in CPR 13.3 to set aside the CCJ at the court's discretion in the interests of justice.

Make sure she puts that (those words I just typed) and cites 13.3 clearly in her witness statement and attaches proof of her disability and proof that she was abroad.  How about an additional WS from you that all post was kept safe for her while she was abroad and you are prepared to attend the hearing too and swear that no claim arrived in her absence?

Jamran

Coupon-mad said:

OMG that's an astonishingly compelling defence.

If a Judge is wavering and is not completely convinced that the claim never arrived (CPR 13.2 test maybe not met) I think/hope the fact she was abroad, plus that defence in itself meets the "some other good reason" in CPR 13.3 to set aside the CCJ at the court's discretion in the interests of justice.

Make sure she puts that (those words I just typed) and cites 13.3 clearly in her witness statement and attaches proof of her disability and proof that she was abroad.  How about an additional WS from you that all post was kept safe for her while she was abroad and you are prepared to attend the hearing too and swear that no claim arrived in her absence?

I intend to attend the court with her. However, I was also abroad with her for the same time. However, I returned a couple of days earlier. I can swear that when I checked her post there was no claim that arrived.