NPC/DCB Legal - Civil National Business Centre Claim

Heywood_Jablowme

So i had a date put aside to fill in the claim however our recent IVF treatment failed and my partner is not in a great place so decided to take her away. As a result I missed the date and a judgement was issues against me. I swear i put the date in for a time i could do it but my reminder didn't go off (lots on at the moment). It says i can 'apply to set aside' but does this just postpone it?

Coupon-mad

When was the CCJ issued?  The judgment.

If it was more than 30 days ago, then definitely apply to set it aside under CPR 13.3.  As long as you act promptly (N244 application and Witness Statement this week) and attach a signed defence and proof of your extenuating circumstances that prevented you from defending it, hopefully a Judge will agree.

Got to be worth a try, given it's a huge £453.92 with court fees (I assume this was two PCNs).  Better to apply to set it aside and defend it, IF the judgment is over 30 days old because that's already damaged your credit rating now.

Heywood_Jablowme

@Coupon-mad it was the 18th April so i'll do it now. Is my credit rating only impacted if it passes 30 days or is it from judgement? Many thanks for your help on this.

Coupon-mad

Heywood_Jablowme said:

@Coupon-mad it was the 18th April so i'll do it now. Is my credit rating only impacted if it passes 30 days or is it from judgement? Many thanks for your help on this.

Hmmm so it's still in time to pay.

What a shame, in some ways, because the advice to set aside the CCJ is now less definite.  And applying to set it aside means you WILL get a CCJ on your record next month with no guarantee that a Judge will agree to set it aside.

Heywood_Jablowme

So should i just pay it?

Gr1pr

Heywood_Jablowme said:

So should i just pay it?

It would seem so, given the uncertainty of the alternative 

Set asides are not a given, not automatic, but the CCJ is if you miss that payment deadline, typically 30 days after the default judgment, it will hit the public register after the deadline, which could cause you problems 

You pay the lawyers if they were used, or the claimant if no lawyers were used, the claim form has the details in the second paragraph on the left 

Heywood_Jablowme

Thanks for the advice all, lesson learned from my side do do it immediately incase something else gets in the way. It's not so much the money, it's more the fact that these ***** have succeeded. Hopefully something comes there way soon.

Coupon-mad

It is due to come their way soon. But we've been saying that for 5 years, ever since the Government passed the 2019 Act!

Heywood_Jablowme

Hopefully. One last question, i've submitted my forms to the email for DQ.CNBC@justice.gov.uk. Can i send these also to National Parking via email or does this need to be posted?

Gr1pr

Either, or both, just ensure that its done, preferably email as its quicker than post, cheaper too