Found out I have a CCJ for a parking ticket late 2024

Gr1pr

Yep, a summary can also be found in the following thread 

https://forums.moneysavingexpert.com/discussion/6536901/successful-court-hearing-v-vcs-in-residential-car-park-permission-from-space-owner/p1

You can see in that thread the sort of documents I referred to, but the recent Court of Appeal hearing reinforces the position,  including yours,  regarding permissions,  serving claims to old addresses , promissory estoppel etc

Same parking company too

frenchieattitude

Hi all.

So I’ve been given a court hearing finally after months of waiting following my set aside application.

Following the hearing being confirmed - DCB Legal have sent me a draft order stating 3 things:

i. The Judgment entered herein on the (date) be and is hereby set aside.

ii. The Claim to be dismissed.

iii. There isn’t an order re costs.

For me my priority is to wipe the CCJ from my name, so I’m inclined to just accept this order and move on with my life. However I do wonder whether I should fight this given my claim is strong, as I understand from this thread, and that I do feel like I want some form of compensation for the stress and impact this has had on me.

Would appreciate thoughts/insight if anyone can help.

Thanks so much.

Coupon-mad

Surely you are £313 out of pocket already?

DCB Legal always try that trick, to get out of paying the D's application costs.

Do NOT agree if you are £313 down. If the claim went to an old address then that draft order has no value to you.

LITERALLY: NO VALUE.

A claim served to an old address gets a mandatory set aside anyway. Your CCJ will be set aside. And you've basically already paid for a hearing to get your costs back so why would you blink now?

frenchieattitude

Evening @Coupon-mad

Thank you so much for your reply.

Yes sorry - I didn't state that clearly, I am £313 out of pocket for the court fee.

The only 'value' that order has is that I know, without going to court, that it will all be over and my credit score will be back to normal - considering I'm trying to get a mortgage. That £313 is worth less than that.

As I understand from your response, however, that given I was never served anything for the CCJ in the first place (no penalty, no follow-up and no court detail), I'll 'win' anyway and I'll be given the £313 back..?

Never dealt with this before, so as you can tell I'm very nervous to go one way or the other.

Thanks again.

Coupon-mad

You have a mandatory set aside case, due to the claim form not being served to your current address. This is why parking firms have to do a soft trace pre-litigation.

frenchieattitude

Good morning @Coupon-mad

OK understood. On that basis then - won't DCB Legal then re-open the case to come after the money they probably still think they're owed?

Thanks

Gr1pr

That would be for their client ( VCS. ) to decide, because the lawyers are acting on behalf of their client , so its the client who believes that they are owed money, not dcb legal

So yes, the clock is wound back to the point where they could continue the original claim, which is the whole point of the set aside , or they can discontinue

Coupon-mad

https://forums.moneysavingexpert.com/discussion/comment/81857810#Comment_81857810

No because surely you included a Draft Order citing the fact the claim is expired?

frenchieattitude

Hi @Coupon-mad

Why would the claim be expired? I just outlined my case / background when submitting the set-aside to the court, so I wasn't aware I could say its expired..?

Coupon-mad

In your Draft Order, surely, if you copied one from here? Oh. Did you put it in before you came here?

If you had copied from any other CCJ thread here (which was the recommended thing to do) you'd have submitted three things:

• WS and evidence
• N244
• Draft Order

Did you not yet make the '4 months dead' argument about claim expiry and cite the case law of VCS v Carr?

If not, then you'll need to file and serve a Skeleton Argument AND also search the forum for the new extra legal argument:

Mazur v Speechlys Sarah Ensall