CCJ Judgement Received (BW Legal/ Premier Parking Solutions Ltd)

Coupon-mad

Read the CCJ threads by:

@Juliansnemesis

@63realfan 

@Sasanova 

…all of whom had the same situation as you, same week in December. Copy what they did.









B789

https://forums.moneysavingexpert.com/discussion/comment/80026776#Comment_80026776

Go back to the second post of the Newbies/FAQ thread where it tells you what you need to do for a set aside.

If you can show that there was industrial action by RM over the period they say they sent the claim, then you will use that as your evidence in your WS for the set-aside.

As the Claimant probably did file the claim to the correct address, they probably won't be liable to pay your costs for the set aside which would be £275 or £180 if they do consent. However, if you write to the solicitors explaining the RM strike as the reason for the default judgment, and they don't consent to set aside, you can later show the court that you made the effort and you may get some costs awarded. It will depend on how well you could argue the case and how benevolent the judge was feeling on the day.

You will also need to show a draft defence for the original PCN to show the judge that you have a reasonable chance of defending the original claim. Also, as those PoC are pretty dire, you will also argue that the claim be thrown out for lack of clear particulars. Were you being sued as the driver or the RK? It is not clear.

For now, email BWL and see if they'll agree to a set aside with consent. Even if they refuse or demand that they will only do so if you agree to pay the CCJ in full, you will almost certainly be able to get the CCJ set aside. You will then probably have to defend the original claim if it is allowed to be re-served. You will also have very good chance of winning the original claim. Maybe, it would be worth asking for the set aside costs to be reserved and when you win the re-served claim, you could get them back then.

Let's see what the experts have to say.

cleanairforall

Hi, I similarly have just received a 2 CCJ judgements from DCB Legal for alleged offenses almost 5 years ago. I have missed the deadline for the claim. Issue date was 17 October it says I had only 14 days. The letter had been put in a drawer by my wife. Is that chance gone now already and should I pay now ASAP?
Thanks in advance.

Gr1pr

I'm afraid so, it arrived,  wasn't dealt with so a default CCJ was issued 

A set aside request is typically £313 and may not be granted, costing you even more money 

Pay DCB Legal in full, UNLESS they agree to a lower figure of say £60 due to the circumstances you described 

Act quickly 

Ps, no offences were committed,  just alleged breaches of the parking contract on that private property 

cleanairforall

Thanks for the prompt reply, the only additional mitigation is that my wife says that a batch of "elastic band wrapped" letters arrived last week and she thinks those were part of that - looks like they were delayed deliveries. 

Gr1pr

It doesn't change the advice,  the claim form was correctly issued to the correct address,  so the ticking time b#mb detonated when the lawyers hit the seek judgment button on MCOL after 19 days 

cleanairforall

Thanks again so pay now and this should be expunged?

Gr1pr

cleanairforall said:

Thanks again so pay now and this should be expunged?

If you are in the 30 days grace period following the judgment date 

Contact the lawyers acting for the claimant and try to negotiate a lower settlement figure ( due to anecdotal comments by other VIPs on here recently   ), you definitely want it expunged ASAP 

Coupon-mad

cleanairforall said:

Thanks again so pay now and this should be expunged?

That is NOT what was advised. Offer £60.