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CCJ Issued against me, please help :(
Well02
Posts: 22 Forumite
Dear forum,
I recently found out that a CCJ was issued on the 3rd of October.
I received a court claim on the 23rd of August, but did not respond until the 18th of September 2023. Not a good excuse, but I had a lot of health issues (long term condition and medication reaction) so I obviously missed the 14 day deadline for AOS. I also made a SAR to Parkingeye on 18.09.23. They acknowledged my request but I am yet to receive any information from them.
The original fine relates to me parking in one of the hospitals in which I work back in 2019. I did not put my registration number in the parking machine because if I recall correctly, it wasn't working on that day.
Is there I chance that I could successfully have this set aside or should I just cut my losses and pay?
Your thoughts would be greatly appreciated on this matter.
Thank you in advance.
I recently found out that a CCJ was issued on the 3rd of October.
I received a court claim on the 23rd of August, but did not respond until the 18th of September 2023. Not a good excuse, but I had a lot of health issues (long term condition and medication reaction) so I obviously missed the 14 day deadline for AOS. I also made a SAR to Parkingeye on 18.09.23. They acknowledged my request but I am yet to receive any information from them.
The original fine relates to me parking in one of the hospitals in which I work back in 2019. I did not put my registration number in the parking machine because if I recall correctly, it wasn't working on that day.
Is there I chance that I could successfully have this set aside or should I just cut my losses and pay?
Your thoughts would be greatly appreciated on this matter.
Thank you in advance.
0
Comments
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Submitting a SAR on 18/09/23 gives the respondent until 19/10/23 to reply.
Failing to respond to a claim form - for whatever reason - providing it was sent to your actual (and correct) home address will make it very difficult to have the judgment set aside as judges don't like creit cleansing. What was the date of the judgment and what deadline have you been given to pay? A set-aside will cost you £275 application fee.2 -
The date of the judgment was 03.10.23. Not sure when I have to pay it by. Will have a look at the letter.Le_Kirk said:Submitting a SAR on 18/09/23 gives the respondent until 19/10/23 to reply.
Failing to respond to a claim form - for whatever reason - providing it was sent to your actual (and correct) home address will make it very difficult to have the judgment set aside as judges don't like creit cleansing. What was the date of the judgment and what deadline have you been given to pay? A set-aside will cost you £275 application fee.
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I obviously missed the 14 day deadline for AOS.Doesn't matter as long as you defended it BEFORE they sought judgment.
What do you mean you 'responded' to the claim in September? Only acknowledged it?
Or defended it?PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD1 -
I only acknowledged it. I did not defend it unfortunately.Coupon-mad said:I obviously missed the 14 day deadline for AOS.Doesn't matter as long as you defended it BEFORE they sought judgment.
What do you mean you 'responded' to the claim in September? Only acknowledged it?
Or defended it?0 -
It states that I can pay within 30 days, but my question is, can I apply to have it set aside. I did not defend it as I was unwell during the period that I should have acknowledged the claim.Le_Kirk said:
Judges normally allow 30 days but we have seen shorter timescales so do read the letter.Well02 said:The date of the judgment was 03.10.23. Not sure when I have to pay it by. Will have a look at the letter.
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You could apply but are unlikely to win, and by applying it DOES NOT freeze the CCJ. You'd get a CCJ anyway. This is too big a risk IMHO.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD1 -
Thank you for the advice. It's a shame I let it get to this point.Coupon-mad said:You could apply but are unlikely to win, and by applying it DOES NOT freeze the CCJ. You'd get a CCJ anyway. This is too big a risk IMHO.0
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