Help needed ASAP - CCJ set aside application

ribenacat346

I’d really appreciate some help with a ccj set aside order. I need to get the wording right in the 3000 characters I have and would appreciate if anyone could suggest a paragraph or two based on my situation which I’ll explain below. 

In April I dropped off a friend at Leeds Bradford Airport, with the short stay drop off in my google maps destination. I took a wrong turning into the long stay car park so instead of going through the barrier for that (and causing more problems) I did a 3 point turn and proceeded to go to the correct drop off area (for which I paid the £6 entry). 

A few weeks later I started receiving letters from VCS for a fine of approx. £100 (I no longer have the letters) for stopping in a no stopping zone (double red lines). After doing some research in this forum about the legitimacy of their letters/fines, I chose not to respond or appeal to the letters. I received a few more over the next few months. The last letter I received was sometime in July and was an intimidating pre court action letter. Again I researched this and hoped I’d be one of the lucky ones they didn’t pursue any further. (Not the best decision looking back, but we are where we are!)

I didn’t hear any more, then moved house on 25th August. I updated my driving license with the DVLA on 18th September. 

Last week I found out I have a ccj, through my clear score account being updated. I contacted my previous landlords and asked them to check the old property for any letters addressed to me which I received from them this weekend (Friday 27th October). 

Letters Received: 

25th August: Urgent Notice of Instruction from ELMS Legal 

27th September: Claim Form from CNBC

28th September: Notification of Issue of Proceedings from ELMS legal 

18th October: Judgement for Claimant (in default) from CNBC 

19th October: Notice of Judgement in default from ELMS legal 

As I didn’t have the chance to respond to the claim form, which I would have done, due to not being able to access the letters - I’m now applying for the ccj to be set aside using the Money Claim Online site. 

This forum has already been so helpful and calming in trying to understand this process, so I’d really appreciate any advice or wording anyone could provide to help me apply for this set aside and hopefully be successful! I still stand by the belief that I hadn’t done anything wrong in doing a 3 point turn, shouldn’t have been fined for this, and even more so shouldn’t have the ccj on my record as the company (ELMS legal or VCS) should have checked the address was correct before serving. If they’d done this, I’d have received it on time and could have had my chance to respond - again with the helpful info on this site! 

Coupon-mad

What 3000 characters?

Look at recent CCJ set aside threads with example WS & Draft Order.

Le_Kirk

I hope you have now corrected the address on your V5C as it is that you must change (as well as your licence) when you move house.

KeithP

Katherine, have you based your forum username on your real name? If so, you may want to get your forum username changed to something completely anonymous.

To help with that, have a read of this item from the Forum's FAQs:

Can I change my username?

In most circumstances, we don't allow this.

The only reason we will change your username is if it puts your privacy at risk e.g. you've inadvertently registered using your name, email address or something which gives away your identity within your username.

If you fall into this category, email forumteam@moneysavingexpert.com your current username, the email address you registered with and three alternative usernames in order of preference.

ribenacat346

Coupon-mad said:

What 3000 characters?

Look at recent CCJ set aside threads with example WS & Draft Order.

When I have logged on to money claim online, the option I have to apply for a set aside gives me a 3000 character limit in the defence section I believe. 

UncleThomasCobley

You need to re-read the Newbies/FAQ thread, second post which covers set aside applications. You certainly do not use the MCOL of file your set aside.

Coupon-mad

UserName needs changing said:

Coupon-mad said:

What 3000 characters?

Look at recent CCJ set aside threads with example WS & Draft Order.

When I have logged on to money claim online, the option I have to apply for a set aside gives me a 3000 character limit in the defence section I believe. 

Forget that.

Read other CCJ set aside threads. There's a good one RIGHT NEXT TO YOURS right now.

ribenacat346

UncleThomasCobley said:

You need to re-read the Newbies/FAQ thread, second post which covers set aside applications. You certainly do not use the MCOL of file your set aside.

Thank you for replying - I think my confusion about the MCOL has come from the fact I’ve spent most of my evening researching down the route of defending it, without realising the deadline has come and gone for doing that. 

I’ve been reading the set aside section in newbies, however seem to be getting stuck in a loop of longer threads and can’t find any templates being mentioned. Perhaps issues with mobile browsing on the forum mixed with some mild panic about the situation! Appreciate your reply 😊

Coupon-mad

Just read the ones near yours tonight.

Le_Kirk

Search the forum using set-aside as your search term, change "Best Match" to "Newest".  First one I found pointed at @hallie28 and @Brokenchief, there may be newer ones.

ribenacat346

Thank you both for your replies, its taken another evening to get my head around things and I'm starting to gather some useful advice and get my draft together - endlessly grateful for this forum already, and apologies for jumping the gun with the thread initially!

I'd like to ask people's thoughts on the timings of me updating my address (more in my first post) - I updated my address with the DVLA on 18th September, then received my claim form from CBNC on 27th September. I'm conscious its only just over a month between those dates, and concerned a judge may deem it an unreasonable time to expect ELMS to have been able to get my updated address? I'm not sure how fast these things get updated on whatever records ELMS can access?