HELP PLEASE. Should i just pay *TODAY* to remove from credit file, whats the best next step here?

nopcns

I think the OP will find it difficult to get a set aside unless DCB Legal agree to a set aside with consent of £108 and the OP agrees to pay the CCJ too.

I'm currently 5 hours west of the UK but if the payment is made today with todays date on the receipt, technically, that is paying it. Although, as it is Easter weekend, no actual payment may show up until Tuesday 2nd April.

As @Coupon-mad says, paying it now may or may not be accepted and having paid it, you then have no leverage to try and get it set aside if the CCJ is only marked as satisfied due to the payment possibly not being received and registered until 2nd April.

It's a dilemma:

1. Pay it now and hope that it is considered as having been paid in time to have the CCJ removed. Cost: £360.08.

2. Possibility of payment not showing as having been completed until 2nd April with CCJ remaining but being marked as satisfied. It would then require a set aside with consent which would be an added £108 or a discretionary set aside for £275 with no guarantee that it would even be successful.

3. Don't pay it now and have the CCJ on your record but request a set aside with consent for £108 in the hope that DCB Legal see sense and realise that it is cheaper and less hassle for them. The CCJ would then be expunged from your credit record.

4. Don't pay now and risk DCB Legal not agreeing to a set aside with consent requiring a set aside with hearing for £275 and no guarantee that the OP would be successful and be poorer to the tune of £635 with a satisfied CCJ on your file for the next 6 years.

muddled_mary1

I didn't receive the Claim Form, the three letters in the inital post are what i received. 

muddled_mary1

Coupon-mad is that not what the latest letter says? if the usual advice is you should pay the claim in full by day 30, should i not do that today on day 30 to get the CCJ removed from my credit file? 

nopcns

muddled_mary1 said:

I didn't receive the Claim Form, the three letters in the inital post are what i received. 

Without doubting that you did not receive the claim form, you would still have an uphill struggle to prove otherwise. You may have to explain why you did not take any action until the 30th day after the CCJ, which you knew about when you received the second letter, in order to give any credibility to your explanation.

You have known that there was the distinct possibility that a county court claim was going to issued since there Letter of Claim.

What is your explanation for waiting so long to deal with this?

muddled_mary1

 Thanks for the various comments and insights, its so appreciated.

I don't have a County Court Claim Form, i don't recall receiving one and have kept all the correspondence relating to this PCN since 2018 when I was ticketed for parking outside of the lines of my parking bay on my housing estate. What would a County Court Claim Form look like/say please?
The three letters that I posted are what i have received in order. I opened the last two after returning to my home address after a few weeks away caring for my unwell parents in another part of the country. On return to my home address I experienced a flare up of some long term health conditions I live with and was hit with a PEM episode, I was in a mental health unit for an session the next day and subsequently was off work for a week, so just haven't had capacity to deal with this.

None of how things have unfolded are ideal, just looking the viable next steps.

Umkomaas

muddled_mary1 said:

 Thanks for the various comments and insights, its so appreciated.

I don't have a County Court Claim Form, i don't recall receiving one and have kept all the correspondence relating to this PCN since 2018 when I was ticketed for parking outside of the lines of my parking bay on my housing estate. What would a County Court Claim Form look like/say please?
The three letters that I posted are what i have received in order. I opened the last two after returning to my home address after a few weeks away caring for my unwell parents in another part of the country. On return to my home address I experienced a flare up of some long term health conditions I live with and was hit with a PEM episode, I was in a mental health unit for an session the next day and subsequently was off work for a week, so just haven't had capacity to deal with this.

None of how things have unfolded are ideal, just looking the viable next steps.

Example here from a current thread .....

https://forums.moneysavingexpert.com/discussion/6501851/cp-plus-ltd-groupnexus-claim-status-questionairre-sent/p1

nopcns

If the original Pan was for an alleged parking event at your home address, oil could possibly have a very valid defence, depending on the wording indoor lease. The fact that you are adamant that you never received a clam form is the hurdle that you need to overcome.

If you think you could persuade the court that you are an honest and upstanding person and have no reason to lie about non-receipt of the claim form, you may have a chance, based on the balance of probability that you did not actually receive the claim form.

The problem now lies in which way to move forward and prevent your credit file being trashed for the next 6 years. If you have a good prospect of successfully defending the original claim, you don't want to be paying a penny. However, there is little to zero chance of the PPC agreeing to a set aside with consent if you are not going to be paying the CCJ and the N44 fee.

When you have had a look at your lease and you can tell us what it says about parking (what it doesn't say is equally important) it may be worth trying for an set aside with our consent under CPR 13.2 (never received a claim form) and CPR 13.3 (have a real prospect of successfully defending the claim). If successful, he £275 fee for the N244 may be reserved and the claim would revert back to where you would have been when receiving the original claim. If it is easy defended, you could win and not pay a penny.

The Claimant would try to argue that they did nothing wrong as all correspondence has been going to the correct address and it is the CNBC that send out the claim form. So, the £275 may be a price you have to pay. However, if the original clam has a good prospect of being successfully defended, it may be worthwhile considering this.

However, IANAL and it may be worth seeing what some of the other regulars on here think.