CCJ Set Aside - Court Date Set - Need Advice

mishief93

Hi everyone,

To start, I want to say I'm honestly thankful for everyone here. The newbie thread and the links associated have helped me get to this point! You're all heroes!

Summary So Far:

• I'm trying to get a CCJ set aside as it is messing with my ability to get a home.
  
• Gatwick airport drop-off scam; wanted to enter the barriered short stay but accidentally entered the drop-off without the ability to exit. 
  
• Debt recovery claim form was sent to my rental address when I was away for Christmas, I shared a letter box with 2 other properties and when I returned in January I never received it. 
  
• I moved address a few months later; a month after the move a default CCJ was issued against me. 
  
• No letters were sent or forwarded through to my new address, landlord knew of my new address. I missed the opportunity to pay off the ticket within 30-days of the CCJ.
  
• I discovered the CCJ 16 months later judgement when applying for a new phone contract to discover my credit rating had tanked. 
  
• Applied to the court for a mandatory set aside as the claim was never received, and followed on that if this was rejected that it should be set aside on the grounds that the claim can be defended.
  
• I now have a court date set for the application to set aside. 

New Developments from Debt Collectors Needed 

I've managed to get to this point with the help already on the site, but this is where my case gets a bit unique.
I received a letter from the debt recovery firm stating that because I resided at the property when the original claim form was issued, I have failed to show that I can apply for a mandatory set aside per CPR 13.2. 
They also claim that there are no clear grounds for defending the case and that the judge should not set aside per CPR 13.4 and that I should pay the full debt, including the £105 debt recovery fee. 
The interesting point in their letter also states that if I were to pay the full £285 before a deadline (a week before the court date): 

"In light of the above, should you pay the Judgement debt of £285, our client will remain neutral and neither consent to, nor oppose the Application. Should you fail to make the payment in full, our Client will oppose your Application to set aside the judgement and seek any associated costs". 

Immediately after this paragraph, their letter ends with:

"Whilst no disrespect to the Court is intended, in order to mitigate further and unnecessary cost from being incurred, our Client will not attend the hearing listed xxxxxx.

Advice Needed

I'm not that bothered (at this stage) about paying the debt or fighting it completely; I just need this CCJ gone as it is stifling other parts of my life.  
So it seems as though the BSLitigation firm won't be sending anyone to the court date. I am inferring that their offer to remain neutral if I pay the debt now is a low effort attempt to bring some money in. 
I'm hoping that this isn't a double fake and that they will sent a representative if I don't pay the debt. It will be a lot harder if I have to go toe-to-toe with a professional. If it would make it easier to get the CCJ set aside I will pay but my suspicion is that it won't.

• Am I correct in ignoring this offer? Has the original claim form being sent to the address when I did lived there (but was away) ruined my defence? 

When I submitted the application, I had no idea when the Claim Form was issued. I had never seen the thing, which makes a lot more sense now.
I had it pretty rough with my old landlord. So much so I had to threaten her with legal action to leave me alone as she would demand entry to the property with less than a days notice. She threatened to give me a bad reference if I did despite always paying on time and adhering to the contract. 
She lived at the property and we shared a letter box and by Christmas we weren't seeing eye to eye. I know this is a typical London story but she was pretty emotionally volatile and I wouldn't put it past her to throw out the letter. She also never forwarded the mail addressed to me to my new address despite knowing it. 
I have proof of everything outlined above, but I never included it in my application as it didn't seem relevant at the time. 

• Can I bring this up at the court? Should I bring more evidence to justify this? 

Finally, I've been going through this thread: legalbeagles / how-to-set-aside-a-county-court-judgment-ccj
They state that other valid grounds for set aside include:

where the defendant should be afforded the opportunity to pay the claimant without having an embarrassing CCJ on their record; or

Should I raise the point that the CCJ is restricting my life opportunities and I missed CCJ judgement giving me 30 days to pay and clear the claim? It feels like a weak argument but would be good to use as a hail Mary. 

Deeply appreciate any help on this issues. I'd also appreciate any other advice about how to approach the court date on issues I haven't already considered. For example, should I raise the point 

Thanks again!

mishief93

Sorry about the cluttered formatting above, it looked cleaner in the preview.

Coupon-mad

• Am I correct in ignoring this offer?

Yes

• Has the original claim form being sent to the address when I did lived there (but was away) ruined my defence? 

No.

I have proof of everything outlined above, but I never included it in my application as it didn't seem relevant at the time. 

• Can I bring this up at the court? Should I bring more evidence to justify this? 

Yes, I would put together a supplementary WS and file & serve the extra evidence this week.

Finally, I've been going through this thread: legalbeagles / how-to-set-aside-a-county-court-judgment-ccj

They state that other valid grounds for set aside include:

where the defendant should be afforded the opportunity to pay the claimant without having an embarrassing CCJ on their record; or

Should I raise the point that the CCJ is restricting my life opportunities and I missed CCJ judgement giving me 30 days to pay and clear the claim? It feels like a weak argument.

No.

You are correct that is a very weak argument and Judges don't like it AT ALL.

Le_Kirk

If you are going to use bullet point #2 & #3, they need adjusting to make sense. If you entered the drop-off zone with no possibility of exit, are you still there? When I returned in January, I never received it. This doesn’t make sense; surely you just need to state that you didn't receive the claim form (presumably you mean the N1) without muddying the waters by talking about rental addresses and shared letter boxes.

mishief93

Hi Coupon-mad, Le_Kirk

Followed your advice and submitted an updated witness statement to the court and the Claimant.

I received this message from the Claimant in response:

It is my client’s position that you are liable for the outstanding balance of £285.00.

However I cannot see any defence/explanation/evidence as to why you are disputing the parking charge notice and why you view that you have a real prospect of defending the claim.

Not withstanding the above, my client is willing to settle this matter with you and consider setting aside the judgment on the following basis: 

1. The claim balance is discounted to £200.00 and this payment is required to be made (in 2 days);

1. The Default Judgment entered be set aside 

1. Judgment is to be set aside under discretionary grounds of CPR 13.3; should the Court agree that there is “some other good reason why” the default judgment should be set aside or varied (CPR 13.3(1)(b)), and this being that you asserts you incurred postal issues at the  time of service , then my client will not object, providing that the above is agreed. 

1. No order as to costs 

I was just wondering if I could get your advice on the best approach to take?

It seems like they think there is a chance the order would be set aside and I’m worried that if I accept this offer it would ruin the argument.

That being said, my priority is removing the CCJ at this stage. My interpretation of this offer is that it would still be at the court’s discretion.

Is this an offer to agree to set the CCJ aside which the courts will rubber stamp or is it not as simple?

Thanks again!

Coupon-mad

It is not that simple.

They always try to get people to sign consent orders because they want your money and don't care if the consent order succeeds or not (nothing in it for them).

mishief93

Thanks Coupon-mad

that was my suspicion too.

I have responded to them with this:

In light of your request for clarification of my defence to the parking charge, I would like to outline the key points supporting my case and why I believe I have a real prospect of successfully defending the claim.

I would also like to state that I am the registered keeper but I am not obliged to identify the driver of the vehicle and I refuse to do so.

1. Airport Land is Not ‘Relevant Land’ Under POFA

As per Schedule 4 of the Protection of Freedoms Act 2012 (POFA), liability for parking charges can only be transferred to the keeper if the land in question is ‘relevant land’. 

Since Gatwick Airport is subject to statutory control, it does not meet the definition of relevant land under POFA. Therefore, you cannot transfer liability to me as the vehicle keeper.

2. Non-Compliance with POFA Requirements

Even if we assume (without conceding) that the land is relevant, your Notice to Keeper does not comply with POFA’s strict requirements, particularly paragraphs 9(2)(e) and (f), which govern the content and timing of notices. 

As a result, I am not liable for the parking charge as the keeper of the vehicle, and no enforcement action can be taken against me on that basis.

3. Failure to Form a Valid Contract

In addition, the signage at the drop-off zone does not constitute a valid offer of a contract to the driver. 

As established in Thornton v Shoe Lane Parking [1971], a contract cannot be formed if the terms are not sufficiently brought to the attention of the driver before the contract is entered into. 

The parking charge was not notified to the driver until after they had already entered the zone, and thus, no valid contract was formed. 

4. Non-Compliant Signage

The signage at the drop-off zone is insufficient and does not meet the standards required by the British Parking Association (BPA) Code of Practice, to which your client subscribes. 

The signs must be positioned to ensure that drivers could read and understand the parking terms before entering the zone. This failure to provide clear signage invalidates any claim that the driver knowingly agreed to the terms.

5. BPA Code of Practice – Grace Period

Further, under the BPA Code of Practice, drivers must be given a consideration period of at least 5 minutes to read the terms and decide whether to accept the conditions or leave. 

The vehicle in question was observed in the drop-off zone for less than 2 minutes. Therefore, the driver was well within the grace period, and issuing a parking charge under these circumstances constitutes an unreasonable and unfair penalty.

Conclusion

In summary, my defence is based on several key legal arguments, including the inapplicability of POFA, non-compliance with POFA requirements, lack of a valid contract, inadequate signage, and the grace period stipulated in the BPA Code of Practice. Each of these points demonstrates a real prospect of successfully defending the claim.

Given the legal issues surrounding the claim, I believe I have a credible defence and would respectfully ask that the judgment be set aside so that the matter can be properly defended in court.

Just posting in case it helps anyone else.