Please advise - I've applied for Set Aside but it was not successful.

jennijenjen

Hi, I've applied for Set Aside the previous CCJ for an unpaid parking fine. I have no recollection of getting a ticket and I never received anything from the Court previously - I suspect it went to my previous address even though I've already updated my Driving licence address.
I explained all this in my Set Aside application letter. And the Court letter I just received is as below:


Claimant - UK CAR PARK MANAGEMENT LTD
Defendant - Me

UPON reading the Defendant's application dated 18th September 2023 without a Hearing

IT IS ORDERED THAT

1. The Defendant's application dated 18th September 2023 is struck out as there is no supporting evidence of any kind

2. Because this Order has been made on the application of a party without notice, of the court's own initiative and without a Hearing, any party may apply to have the Order set aside within 7 days of service of this Order



On my Set Aside application, I attached letter as below:

Dear Sir/ Madam, I would like to request to put aside the County Court Judgement issued on 6th October 2021 for the claim no. XXXXXX for the following reasons, which I believe are true:
  
- The CCJ was issued to my name however I had never received any correspondence from the claimant, or their solicitors, prior to the judgement or details of the court actions. As such I had no opportunity to respond to the claim or to attend to the court hearing. Please note that the CCJ was issued to the address I moved out in February 2020.

- I have only found out about the claim and the judgement when I my application for a remortgage was rejected due to the CCJ being recorded on my credit records. This surprised me because I have always made sure that my credit score was kept high. Following this, I checked my credit reports from various Credit agencies and I was able to obtain the case reference as above. There was no other information I could find, although I have made a request to CCBC to find any information about the case. I would greatly appreciate if the judgement could be set aside so that it does not affect my credit score and financial situation. I am available to discuss details of any claim with the claimant if they are able to provide the details.


How shall I proceed from this point? What kind of evidence are they asking because I never even received their initial court orders.

Thank you in advance...

BadIndian

I will be watching this one very closely, I do hope the brilliant minds here can get this overturned just as I am hoping that mine will be favourable. best of luck my fellow victim.

BoGoF

Updating your driving licence address does not update the registered keepers address on the vehicle itself. 2 distinct things. 

Coupon-mad

jennijenjen said:

Hi, I've applied for Set Aside the previous CCJ for an unpaid parking fine. I have no recollection of getting a ticket and I never received anything from the Court previously - I suspect it went to my previous address even though I've already updated my Driving licence address.
I explained all this in my Set Aside application letter. And the Court letter I just received is as below:


Claimant - UK CAR PARK MANAGEMENT LTD
Defendant - Me

UPON reading the Defendant's application dated 18th September 2023 without a Hearing

IT IS ORDERED THAT

1. The Defendant's application dated 18th September 2023 is struck out as there is no supporting evidence of any kind

2. Because this Order has been made on the application of a party without notice, of the court's own initiative and without a Hearing, any party may apply to have the Order set aside within 7 days of service of this Order


On my Set Aside application, I attached letter as below:

Dear Sir/ Madam, I would like to request to put aside the County Court Judgement issued on 6th October 2021 for the claim no. XXXXXX for the following reasons, which I believe are true:
  
- The CCJ was issued to my name however I had never received any correspondence from the claimant, or their solicitors, prior to the judgement or details of the court actions. As such I had no opportunity to respond to the claim or to attend to the court hearing. Please note that the CCJ was issued to the address I moved out in February 2020.

- I have only found out about the claim and the judgement when I my application for a remortgage was rejected due to the CCJ being recorded on my credit records. This surprised me because I have always made sure that my credit score was kept high. Following this, I checked my credit reports from various Credit agencies and I was able to obtain the case reference as above. There was no other information I could find, although I have made a request to CCBC to find any information about the case. I would greatly appreciate if the judgement could be set aside so that it does not affect my credit score and financial situation. I am available to discuss details of any claim with the claimant if they are able to provide the details.


How shall I proceed from this point? What kind of evidence are they asking because I never even received their initial court orders.

So you haven't replied yet to this?

1. The Defendant's application dated 18th September 2023 is struck out as there is no supporting evidence of any kind

2. Because this Order has been made on the application of a party without notice, of the court's own initiative and without a Hearing, any party may apply to have the Order set aside within 7 days of service of this Order.

What's the date(s) on that Order and EXACTLY when did it arrive?

Which solicitor? Gladstones? The Solicitors applied to strike out your application but you might be able to save it, if you act fast! 

You must do a Witness Statement & evidence of when you moved house & also financial/other evidence that you would have been easy to trace at pre-action stage, if the parking firm had done a 28 pence soft trace (utility bills, phone and bank statements).

As seen in other CCJ threads.

Search the forum for CCJ Chan Boxwood

jennijenjen

@Coupon-mad Thank you for your advice. I received the letter few days ago, however…the letter is dated 29th December and on the top it also says 8th January! I don't know what kind of slow postal service (pigeons?!?!) they are using but is it possible that they deliberately delayed posting the response??

As for the witness statement I can ask my friendly neighbours, and I've changed my bank addresses etc when I moved in with my now-husband back in 2020.

Obviously their 7 day period passed even before I received the letter (I check my post box every other day) do I need to apply for yet another Set aside? CCJ filed date is 2021 so still few years left. 

Luckily, re-mortaging, house purchasing, getting new jobs, haven't been affected even after discovering this CCJ - except when we were trying to rent. Mortgage lenders send the rejected applications to underwriters so there haven't been any "computer says no" situations so far. But it is always a concern.

Coupon-mad

Yes they quite possibly only posted it this week.

Obviously their 7 day period passed even before I received the letter.

No it hasn't!

The word SERVICE means delivery.

You must respond by email on Monday, objecting to the Order and saying you believed that Directions for witness statement & evidence stage would be in a hearing order.  However you do have evidence that the claim was served to an old address and it is hereby attached with a signed/dated witness statement.  Gladstones solicitors are copied in. The Claimant has not been disadvantaged.

The Defendant kindly asks the court service for relief from sanctions under the circumstances and to note that the Defendant's actions at all stages have been prompt.  The Order arrived less than a week ago.

The Defendant asks that the application may proceed, taking account of the Overriding Objective, i.e. not increasing costs and court burden by expecting the Defendant to apply afresh and pay another £275 which would double the fee burden and be unjust, given that the matter to be addressed - the failure to comply with the CPRs and the IPC Code of Practice, such that the claim was not served - is the fault of the Claimant, as explained in the attached Witness Statement.

Coupon-mad

Crack on and read other CCJ threads.  Copy their WS and exhibits.

Search the forum for CCJ Chan Boxwood

jennijenjen

Thank you I’ll get on to it!

jennijenjen

PintofTapWater and the case is slightly different so made some adjustments. What I don't know - is that UK Car Park Management LTD is an approved operator of the BPA?

Ignore me - It was a quick online search...I guess I'm just a bit out of depth with all these legal text and subconsciouly seeking for mental support!!

Coupon-mad

jennijenjen said:

made some adjustments. What I don't know - is that UK Car Park Management LTD is an approved operator of the BPA?

Ignore me - It was a quick online search...I guess I'm just a bit out of depth with all these legal text and subconsciously seeking for mental support!!

They are IPC, so they had to do a soft search before litigation, if 12 months had passed between parking event and court claim form.

You must work on this WS & evidence today and email it tonight ideally (as that shaves another day off how quickly you've objected to the Order).

jennijenjen

Sent...I'm worried but nothing more I can do now! Thank you for your help.