Unknown CCJ from UK Parking Control

Hotpoint1234

I gave them the chance originally to jointly set aside the CCJ and they didnt accept. I suspect now that there is a hearing this may have changed their minds. I believe the increase in costs is only a tenner so i'm not overly concerned about that, I mainly want the CCJ removed.

I hav read the Mazar thread - as I never received any documentation I have no idea who signed the original claim form - I will approach DCB legal with this query and see what they return. If the original claim form was not signed by an authorised person / solicitor then I assume I should email the courts and DCB Legal amending my N244 documentation to request that the original CCJ be set aside as being improperly served under Mazur?

Coupon-mad

Hotpoint1234 said:

I gave them the chance originally to jointly set aside the CCJ and they didnt accept. I suspect now that there is a hearing this may have changed their minds. I believe the increase in costs is only a tenner so i'm not overly concerned about that, I mainly want the CCJ removed.

I hav read the Mazar thread - as I never received any documentation I have no idea who signed the original claim form - I will approach DCB legal with this query and see what they return. If the original claim form was not signed by an authorised person / solicitor then I assume I should email the courts and DCB Legal amending my N244 documentation to request that the original CCJ be set aside as being improperly served under Mazur?

You can file and serve a Skeleton Argument adding that extra point (because we KNOW the missing claim form WAS 100% signed by Sarah Ensall, who is not a solicitor) but in most CCJ cases the most important case law to push v hard at the judge, is VCS v Carr.

"I believe the increase in costs is only a tenner"

Not sure what you mean? A tenner? Surely you paid a £313 court fee and have had to take time off work. You want all those costs.

You should also file & serve a signed & dated costs sheet and point out that the authority of VCS v Carr means:

1. the CCJ must be set aside per CPR 13.2;

2. the claim must be dismissed as the POC was not served by the 4 month limit;

3. you must have your costs. The case was never allocated to track so there are costs in the case for you to claim in full.

Hotpoint1234

Hi all,

Just an update my side as it may help others who have not received any court documentation and have just discovered the CCJ out of the blue.

The Wednesday before the hearing (Monday) DCB Legal emailed the court saying they would not be turning up for the hearing and they agreed to have the judgement set aside. The hearing was then vacated and I didn't have to go to court so the CCJ is now gone. I assume it wasn't worth the cost fot them to attend.

No idea if they'll raise a new claim (I doubt it) but that's up to them.

Thanks for everyone's help on this forum, @Coupon-mad particularly. If anyone would like to nominate a charity I'm happy to make a donation as thanks.

Coupon-mad

Hotpoint1234 said:

Hi all,

Just an update my side as it may help others who have not received any court documentation and have just discovered the CCJ out of the blue.

The Wednesday before the hearing (Monday) DCB Legal emailed the court saying they would not be turning up for the hearing and they agreed to have the judgement set aside. The hearing was then vacated and I didn't have to go to court so the CCJ is now gone. I assume it wasn't worth the cost fot them to attend.

No idea if they'll raise a new claim (I doubt it) but that's up to them.

Thanks for everyone's help on this forum, @Coupon-mad particularly. If anyone would like to nominate a charity I'm happy to make a donation as thanks.

But accepting their draft order and allowing a CCJ set aside hearing (that you paid £313 for?) to be vacated isn't recommended as it leaves posters out of pocket. DCB Legal almost always agree when push comes to shove, but they say 'no order as to costs' which every poster refuses outright. These hearings are best to go ahead, in most cases.

Was your situation different?

You would have had your £313 and costs awarded at the hearing. Or didn't you pay a court fee?

Hotpoint1234

My situation was different - the address used for the documentation was my current address, I just never received the documentation which wasn't the fault of DCB Legal. The advice of this forum was that I would be unlikely to receive costs as a result so that's what I went with which seemed fair enough.