Ccj set aside. Am I missing something

ccjaway

Yes it is. Same ccj 

Boat_to_Bolivia

So why the new thread? Please report this and get it merged with your original thread.

You can report it by clicking on the exclamation mark in the red box under your opening post.


DUPLICATE THREAD here good people of the Parking forum.

ccjaway

ccjaway said:

I am trying to set aside a ccj I recently discovered. I never received any documents due to address change.
The PPC wanted to see evidence of my address change which I shared and they were then happy to sign a consent order to set aside the ccj if i paid the original PCN which I did.
I have sent the consent order to the ccbcfees email and made payment.
I attached an N244 form stating that the ccj should be set aside under CPR 13.2 or 13.3 or both.
I also attached a witness statement and tenancy agreement proving change of address

Is there anything else I need to do?

How long do things normally take from here? 

Thank you

Hi all

Had lots of comments here but wondering if anyone can answer my initial questions.

Would appreciate any useful input.

Please note if you have nothing useful to add then please try not to comment. 

Many thanks 

Grizebeck

Up to 6 months for a hearing

Coupon-mad

With no hearing, maybe a bit quicker but the consent order isn't 100% guaranteed to be accepted by the court.

I believe this route is risky which is why you don't see it in the NEWBIES thread.  The scammers seem to have talked you into thinking this was the way forward, but they would say that, wouldn't they?!

That's why we don't advise people to do it this way.  Not recommended at all, because you've now paid, so all your leverage has gone. If the consent order is refused by the CCBC, there's "nothing in it for them" to help you alter the wording or sign a new one. They've got their money and can walk away.

Does the consent order say at the top that both parties now realise that the claim form was sent to an old address?  That's the rationale I think a Judge is looking for. 

It can't just say you have settled so please set aside the CCJ and dismiss the claim.  Not enough. No legal reason for the court to do so.

ccjaway

I have received a letter today to say that my ccj has been set aside. The whole process from finding out about it to today took around 7 weeks. There was no hearing involved as I managed to get a consent order signed.
Thanks for the help guys 

ccjaway

Coupon-mad said:

It can't just say you have settled so please set aside the CCJ and dismiss the claim.  Not enough. No legal reason for the court to do so.

This is incorrect 
That's literally what I did and it's also what many others have done.
There are a few isolated cases of this being rejected on the basis of credit washing but these are far and few between..

Coupon-mad

I think you were lucky in some ways (set aside agreed) and the risk paid off.  That's good news!  But we will still never recommend that risky route and it also involves a Defendant paying money to a scammer so we are never going to suggest it!  And you have been put through something horrific that no parking firm should be able to do so easily.

Anyway, to change the law and (hopefully) create a fairer regime that stops this litigation culture, the law is changing as we speak.  We sincerely hope that you are au fait with the need to respond to the final Government Public Consultation?

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.  Please come back here when it opens.  If you are not a regular reader, 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.

The announcement & final update is expected this month from the DLUHC.

Please come back in a couple of weeks or in August if you can.