Airport no stop zone - CCJ issued. Any value in requesting set aside?

azapater

Gr1pr said:

He must be receiving government sent letters,  DWP, Inland Revenue,  DVLA, Motability,  Banks etc , never mind parking pcns or bus lane penalties or council penalties,  Police matters etc

So somebody is or was dealing with them somehow,  unless he is conducting his own legal matters  ?

Either he or his carer failed to seek proper advice when this pcn arrived,  or with the follow-up letters , or the court claim itself last month,  neither have you helped by doing nothing Either,  until its too late 

You have not answered several questions too, like why does The CCJ actually matter to the debtor   ?  The defendant  ?

Frankly,  I am surprised that nothing else has happened since this person turned 18 , especially these days with all the red tape 

What would he do if he received a speeding notice or bus lane penalty,  or a letter from the Inland Revenue or DWP  etc  ? Or needed to provide consent for an operation   ? There doesn't seem to be any Guardianship in place to allow another person to deal with his financial affairs or health issues on his behalf 

He doesn't typically receive many letters - but those he does are handled by his mother. Off the top of my head those which are received are from motability and sometimes those in relation to voting. He, of course, doesn't vote, so it's not meaningful correspondence. I imagine he will receive further letters when required to move from DLA to PIP. He doesn't have a bank account etc though as his understanding of money at this stage is that money can be exchanged for things he likes. Although, I've shown him how to use my debit card on the self service checkouts. 

I don't recall any other letters having been received in relation to parking charges or fines. 

I will clarify with his mother whether there are formal arrangements in place, there may be, I just haven't been privy to them. In terms of intervention, the fact he was electively home educated following primary school might have impacted the involvement of outside agencies when transitioning into adulthood. 

I don't fully understand the question of why the CCJ matters to the defendant. He would lack an understanding of what it meant. He would not have the financial means to address it. The impact of the CCJ on things like credit scores etc are probably less relevant to him than others. My big worry would hypothetically be debt collectors becoming involved and the distress that would cause to his mother given what she's been through earlier in life. 

Gr1pr

I had to apply for Legal Guardianship for my 2 brothers in law years ago to deal with the legal issues and payments until they became adults at 18, but they didn't have any medical issues,  but it enabled us to sign for dental treatment,  passports,  holidays outside of England etc

My point to you was that if the vehicle picks up speeding notices,  council penalties,  parking charges,  bus lane violations,  CAZ or ULEZ notices , red light violations, tolls, or any other similar modern charges,  this person will receive them and they all need to be dealt with.   Clearly one incident has already happened and not been dealt with,  hence the current situation. The drivers run the gauntlet every time the vehicle is used, cameras are everywhere 

You are asking about the CCJ but not stating who can legally action it by applying,  signing or attending court 
Those other cases are involving people who are legally deemed competent to act for themselves , but you have stated that he is not able to do so, or to understand the legal situation or requirements 

If this was a CCJ exceeding £600 then the claimant could escalate it to the high court for a writ,  then bailiffs could be involved and extra charges added,  but not if it's less than £600, so how much is it   ?

It costs  £303 for a set aside,  unless he can get help with fees due to his disabilities or low income   ?

The next sentence is very blunt,  but will satisfy the current problem,  which is the CCJ, not the incident 

Perhaps you should pay it in full ASAP due to your negligence in not dealing with it sooner, before it got this far  ?

Then I suggest that the carer thinks about getting the legal situation sorted out for any future issues regarding who can officially sign for him where necessary , especially because you have stated that he doesn't have the legal capacity to deal with these issues,  so is a vulnerable person 

Lastly,  seek proper advice straightaway in future,  that way you are helping to protect him from the modern world of laws,  rules and red tape,  such as

A Guardianship Order is a court appointment which authorises a person to act and make decisions on behalf of an adult with incapacity

Coupon-mad

azapater said:

I don't fully understand the question of why the CCJ matters to the defendant. He would lack an understanding of what it meant. He would not have the financial means to address it.

The impact of the CCJ on things like credit scores etc are probably less relevant to him than others.

My big worry would hypothetically be debt collectors becoming involved and the distress that would cause to his mother given what she's been through earlier in life. 

Are you thinking of bailiffs?

That doesn't happen for a CCJ under £600.  Nobody will come knocking. The only effect will be on his credit rating. That's it!

Which is why I asked: does that matter in his case? I was presuming that he doesn't take out loans and doesn't pay for things on credit, but I could be wrong which is why I pushed the question twice.

If you want it set aside then he needs someone to complete form N244 and - depending upon savings - he might qualify for Help With Fees, in which case if it's a free application he may as well have a relative act as a litigation friend to set it aside.

I'll flag this thread up with @troublemaker22 who does some pro bono work for people who need his help.

azapater

Coupon-mad said:

azapater said:

I don't fully understand the question of why the CCJ matters to the defendant. He would lack an understanding of what it meant. He would not have the financial means to address it.

The impact of the CCJ on things like credit scores etc are probably less relevant to him than others.

My big worry would hypothetically be debt collectors becoming involved and the distress that would cause to his mother given what she's been through earlier in life. 

Are you thinking of bailiffs?

That doesn't happen for a CCJ under £600.  Nobody will come knocking. The only effect will be on his credit rating. That's it!

Which is why I asked: does that matter in his case? I was presuming that he doesn't take out loans and doesn't pay for things on credit, but I could be wrong which is why I pushed the question twice.

If you want it set aside then he needs someone to complete form N244 and - depending upon savings - he might qualify for Help With Fees, in which case if it's a free application he may as well have a relative act as a litigation friend to set it aside.

I'll flag this thread up with @troublemaker22 who does some pro bono work for people who need his help.

Thank you for clarifying, yes, your assumption is correct. I can't see a scenario in which he would apply for a loan etc. 

That's good to know regarding bailiffs. 

I will have a proper look into the N244 and info on help with fees. 

Interested to see if troublemaker has any knowledge to impart.