CCJ Set aside but now defence within 14 days

Skillll

Hi I’m new here, just writing as I’ve come out of my hearing and had my judgment set aside which the claimant UK Parking Control Limited agreed too but have asked for me to file a defence within 14 days, my questions are : 

- does this just take me back to my original county court claim, had I received it ? 

- if I do not win, do I get a new CCJ and have to pay fine ?
- can the claimant resolve this and retract asking for my defence ?
- there was poor visibility and the judge new this but still asked for me to put in my defence ? He didn’t give me much opportunity to talk, the claimant had agreed to set aside and for me to file a defence within 14 days - and in default of this the claimant has permission to request judgment ?
- I know the claimant are wrong, but I can’t help but feel like the judge will rule in there favour, I submitted evidence of poor visibility, 2 lights that carry the signage are completely out and have been for over a year, I’m just unsure why the judge didn’t cancel it altogether, he said he is confident I acted promptly upon discovering ( 6 days to be exact) The fact he’s not just threw the whole thing out, makes me feel worried and not taken seriously. 

- do I just pay the fine rather than defend ? To risk loosing and being served a judgment ?? Help please

Coupon-mad

It's not a fine and you won't get another CCJ.  The fault there was caused by the old address.

Why would you pay it (over £250?!!) when you will not get the same Judge next time and maybe won't even get a hearing, because UKPC will probably now discontinue?

- does this just take me back to my original county court claim, had I received it ? 

YEP.  So now you can win.  But of course you are not dealing with the CNBC in Northampton any more so DON'T email your defence there!

No CCJ is risked.  And you will never be asked to pay the amount on the CCJ.  Even if you had a hearing and lost, you'd pay less.

No CCJ.

No fine is involved here.

Skillll

@Coupon-mad thank you so much for your response, I also spoke with someone today and they told me I would only ever get a CCJ now, if I did lose and could not pay in full within the 30 days, and had to pay in instalments, so it’s no loss for me to file my defence either way, because I could pay in full if for whatever reason I didn’t win.

sorry I just thought about paying because going in court was my first time and it was nerve wracking, I hated the whole experience, obviously my biggest concern was getting my name off the registry, which I have done, I just thought to get rid of the stress just pay it, obviously it doesn’t sit right with me because of the injustice therefore I am defending myself, it was just a split second thought to have zero stress, hopefully they cancel it and don’t even take it to court.

Where do I email my defence then sorry ? 

KeithP

Skillll said:

Where do I email my defence then sorry ? 

To the court you are currently dealing with.

Find an email address here... Find a court or tribunal

Skillll

@KeithP thank you, will take a look

Coupon-mad

You have a deadline. Don't miss it!

Skillll

Hey guys, @Coupon-mad @KeithP I’ve filed my defence, I just wanted to
ask do I need to send anything to the claimant ? Do I send them my defence too ? Thanks in advance 

Le_Kirk

Have you had a written order from the court and if so, what did it say?  If it doesn't state to serve and file, it only needs to go to the court BUT as the claimant will see your defence anyway, there should be no harm in sending it.

Skillll

Hey so I’ve just spoken with the court, I’m miles ahead, they haven’t sent my order they said it could take up to 8 weeks but they’ve received my defence so it’s ready for when they look at it, which she said was good, however I did ask when my name would be taken off the registry and she said until they look at my defence and see that I am right in what I’m saying then it will go, but I find this incorrect, my CCJ got set aside therefore reverting back to when I was suppose to have the opportunity to defend myself originally having my case set aside wiped my name off the registry ? So why is she saying this ? Can someone help ? Or am I incorrect ? 

Coupon-mad

You are right, she is wrong. The set aside is not dependent upon your defence.  The CCJ will disappear within weeks.

You must email the defence to the Claimant's solicitors too.  How about encouraging them to just discontinue now and save themselves another hearing.  Give them a push.

Skillll

Ahhh I did think this, I was so confused ! Thanks for the clear up, I might ring up the court again tomorrow hopefully get someone different and query this again as it will be two weeks on Thursday and Im thinking now, as the written order hasn’t been done this is why my name hasn’t been cleared off the registry because they haven't done anything since the hearing which is annoying, and yes I’m going to do this because it just saves everyone time, thanks everyone really appreciate it