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Help with recently discovered CCJ set aside
jellyiswobbly
Posts: 3 Newbie
Hi all. Hoping for some help with a CCJ that I've just become aware of. I've started reading the Newbies thread and the links within it related to CCJ set asides and I've started to draft the N244 form, but looking to see what exactly I need to include in it with regards to the specifics of my case. I'll try to keep it concise:
- 3 x PPNs received in March, April and May 2022, each for 'Insufficient paid time'. These were all in relation to the same small pay and display car park which was part of a large shopping centre.
- The time between entering and exiting the car park was 11 mins, 19 mins and 28 mins respectively
- Probably irrelevant but in case it helps my case at all... my entry into these car parks was during a past role as a support worker. As part of this I had to regularly take a heavily pregnant 16-year-old to/from a community group that could only be reached by driving into the car park, and the offences occurred whilst I was picking her up. I tried to time this each time so I arrived just before she left, this usually worked though on some occasions she would be delayed meaning my car was sat within the car park (with me in it). I remember on at least one of these occasions when I realised I was heading way over the grace period trying to pay for parking over the phone, but giving up because it wasn't working.
- This took place in England where I was living at the time but the 3 original PPNs were sent to my old address in Scotland (House A), where I hadn't lived since March 2019.
- I've no idea when exactly I became aware of the PPNs but it would've been several months afterwards - I was still in touch with those living at House A so presumably was given a bunch of mail at some point down the line. I had changed the address on my driving licence well before the PPNs were issued but presumably hadn't changed the V5, as I ended up living with inlaws for 18 months (House
after moving down from England
- I ignored/forgot about the letters - not realising that this wasn't the recommended action in England
- Presumably some other letters were sent to House A, then threatening letters started to appear at the address I had by then bought in England (House C) towards end of 2022. None of these letters were responded to either.
- The last correspondence I have from anyone in relation to the 3 PPNs was December 2022. This was two letters before claim from CST Law - one for £340 (for the first two unpaid PPNs) and the other for £170 (for the third unpaid PPN). These weren't responded to, after which all went silent and I heard no more about them until May 2025.
- Skip forward to May this year then and I received a letter from DCB Legal at House C - they had combined the 3 tickets and were now requesting £510 settlement.
- For context, I have been in the process of selling House C after a separation and for most of the this year wasn't living there. I officially moved out into rented accommodation (House D) on 30th July. Driving licence and V5 logbook was changed around this time too.
- Ex-partner and I recently accepted an offer so I returned to House C to sort some paperwork. Whilst there I opened two letters from CNBC - a court claim form dated 6th August, and then because this was not responded to, a letter dated 28th August informing me a CCJ had been served for a debt of £791.16 to DCB Legal.
Obviously my first priority is getting the CCJ set aside. From my initial reading of the forum, it seems that I have a good chance of succeeding with this part, given that I never received the claim form and didn't have a chance to defend myself, and can evidence that I had already moved out of the address it was served to. It was also served to an address that the claimant had never received a response from which I think further strengthens my case?
I guess my initial questions are (and I'm preparing for a long slog here going by other CCJ threads):
1) As well as the ones noted in the newbies thread, are there any other specific rules and regs I need to be quoting in my N244 form, to give me the best chance of getting the set aside?
2) When it comes to my witness statement and evidencing that I have a strong chance of eventually defending the claim, what are the main parts I should be focusing on from the above timeline?
Any advice at all on this would be helpful - I have tried to do a lot of reading of other threads but feel totally out my depth and quite honestly it's causing me a lot of extra stress in an already crappy year!
As an aside, I have so much admiration for all those who contribute to this forum and who give up their valuable time to provide help to others. I'm hoping my thread will become another in a long line of successes!
Thank you
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Comments
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A further question to the above - I assume it's advised to contact the CNBC without delay to acknowledge receipt of the CCJ and to inform them I will be submitting an N244 form?
Thanks0 -
Not necessaryjellyiswobbly said:A further question to the above - I assume it's advised to contact the CNBC without delay to acknowledge receipt of the CCJ and to inform them I will be submitting an N244 form?
Thanks2 -
Thank you @Le_Kirk, thought it may be advised to evidence that I had taken action as quickly as possible after discovering the letters, but I'll work instead on getting my N244 completed.0
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What judges like to see is speedy action, such as, you write, getting the N244 form with the witness statement and draft order submitted promptly.1
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But it's over £600 so you should ring the CNBC first thing Monday morning and see if there is a record of whether DCB Ltd have applied for a HCEO Writ of Control.
You are in danger of HCEOs knocking on your door any day now. Maybe they've already tried at the house you are selling.
DO NOT tip DCB Group off where you live. You need t get an application in asap. If there is a Writ then the good news is you can stay the writ and get your application in for just a £14 or £15 fee AT YOUR LOCAL COURT.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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