CCJ set aside

Fridge_Emptier · 22 March 2018 at 1:51AM

Hello everyone.

I've just discovered I have an active CCJ registered a couple of years ago at County Court Business Centre.
I spoke with the claimant and now know the parking circumstances it relates to.
I was at a retail outlet 5 years ago (!), knew I would overstay the maximum 'free' parking period and told the store's staff.
Assured all would be fine (handed over VRN for staff to enter into their don't-fine-this-driver database) I did indeed overstay the free period.
Some weeks later I received a PCN for this.
I then contacted the retail outlet who were apologetic and said it would be sorted - 'leave it to me'.
That was the last of it.

I moved house several months afterwards and redirected post for 6 months, meaning I was able to receive any further comms from the claimant for about 15 months after the PCN arrived; but received nothing.
PCN was well and truly forgotten by me.

So, two points:
- I took steps to resolve the issue immediately upon receiving the PCN (contacted retailer).
- I never received any further correspondence

A third point should be mentioned, that the vehicle was not owned by me or registered to me - I was borrowing it. Keeper had the PCN amended with my details.

What are your thoughts, please?
Was intending on a set aside based on incorrect address used.
I've read this post: (sorry, as a new user I cannot post URLs) 4816822#2 and feel my circumstances are covered in the listed posts.
I just wanted to see if I've missed anything as the regulars on here are very knowledgeable and I'd be silly not to seek your advice.

Many thanks in advance
:-)

Coupon-mad · 22 March 2018 at 1:56AM

Which parking firm?

See post #2 of the NEWBIES FAQS thread (top of this forum) about set asides. What to do & how. Costs you £255 but you can sometimes get the Judge to order that refunded from the likes of Civil Enforcement for completely meritless claims. Was it them, or Parking Eye maybe?

Also search the forum for 'set aside' with the name of the parking firm in the search too, to see examples that have gone through this and got the CCJ wiped and never had to pay the 'fine'.

People should start suing retailers for causing this loss, distress and damaged credit rating. It could put retailers off parking firms if they were bombarded with £500+ claims.

The_Deep · 22 March 2018 at 9:08AM

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

Hospital car parks and residential complex tickets have been especially mentioned.

The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

and complain in the most robust terms to your MP. With a fair wind most of these companies may well be put out of business by Christmas.

Fridge_Emptier · 22 March 2018 at 9:12AM

Thank you for your reply, Coupon-mad.

It was indeed Civil Enforcement.

I have read a small amount of the large mountain of valuable information on this forum; great stuff. I’ll search specifically for my claimant too now, thanks.

I’ll update here as I go.

Fridge_Emptier · 22 March 2018 at 10:41AM

Thanks for your reply, The Deep :-)
It came in while I was typing mine to Coupon-mad, so I have just seen yours now.
I'll view the video of the reading later today, thanks for that.
I knew this dark and murky sub-economy of frightening car drivers out of their money existed but I've never had a fine for anything before, so it's somewhat of a shock to find myself here.
I am very angry about my case and incredulous that I have to do the legwork and incur cost in order for a clear wrong-doing to be put right. How dare they? I have a life that has been put into turmoil due to this (the resultant low credit score) and that's before I've started any proceedings. I notice that legal changes are afoot and that is reassuring for the future but is too late for my situation, although a pointer towards this for the judge may assist.

I've taken out several insurance policies since the unknown-to-me CCJ and know I have stated in the applications that I have no CCJ's.
There's probably more effects of this judgment against me that I've not even computed yet.
I repeat, I am angry!

One matter of confusion for me surrounds the set aside process.
I've read 2 different 'versions' of what to do:
1. Contest the CCJ (N244 form, etc) and, if successful, CCJ will be set aside and I could possibly be reimbursed my N244 costs. End of the episode and better sleep ensues.
2. Contest again (N244) and, if successful, CCJ is set aside. Then the claim is heard again and I have a chance to defend myself this time but could lose and end up having to settle the fine for risk of another CCJ.

Would someone be able to distinguish the nuances there, please?

nosferatu1001 · 22 March 2018 at 11:02AM

You stated you are not aware of any CCJ, and you were not.

THere is no nuance there. The claimant has the rigth, if the set aside is granted, to discontinue. Or, they can continue to a new hearing, At a hearing you can lose, and you would likely be out your set aside AND then have to pay within 1 month. But you STILL would have no CCJ assumign you do this.

You MUST have a draft order within your applicaiton. The form tells you this.

IN THE COUNTY COURT AT

CEL (Claimant)

And

[YOU] (Defendant)

District Judge [name]

UPON reading the Defendant's application dated [date] and the annexed witness statement of [name] dated [date]

IT IS ORDERED that:

1. The default judgment dated [date] be set aside.

2. Costs to be reserved.

3. Unless the Claimant serves a copy of the Claim Form on the Defendant by 4pm on [date] paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £255 and the claim shall be struck out.

4. If the Claimant serves the claim form as directed in paragraph 3 the Defendant shall file and serve a defence by 4pm on [date].

THats from someone who absolutely knows their stuff on Pepipoo.

Fridge_Emptier · 22 March 2018 at 2:51PM

Thanks very much, nosferatu1001.

So, as I understand it, it is dependent on the claimant whether it all ends with the successful setting aside or continues to another hearing (assuming a successful set aside, of course).

I've taken note of the need for the draft order and thanks for sending a template across :-)

Fridge_Emptier · 22 March 2018 at 3:33PM

Quentin, my apologies. I was trying to be brief but, having re-read it, it shouldn't have made it past quality control!
I was attempting to say that if my set aside application is successful, then it is down to the claimant if they wish to return to their original dispute with me or whether just to leave it there. - that should have been worded as a question really!

nosferatu1001 · 22 March 2018 at 4:02PM

Fridge - no, whether or not you get a set asied granted is ENTIRELY up to the court

There is another option: Uncontested Set aside. You would need the claimant to sign a consent order (usually meaning you agree to pay in full) AND pay the £100 AND you wouild not get the £100 back (of course not) - but with MIL I would not recommend this. Theyre awful, not paying a penny to them is best!

Yes, the claimant can continue to a new hearing or just discontinue, as ever. A C can discotninue a claim at any time up to the hearing.

Fridge_Emptier · 22 March 2018 at 6:06PM

nosferatu1001, yes, understood. That was my understanding of it but I worded it clumsily, in haste; sorry.
I do not like the other option you mention, either. I've already suffered from this more than I would have liked and would rather poke rusty nails in my eyes than give them my money - I had to EARN it.

Coupon-mad · 23 March 2018 at 2:22AM

Fridge_Emptier wrote: »

It was indeed Civil Enforcement.

I've already suffered from this more than I would have liked and would rather poke rusty nails in my eyes than give them my money - I had to EARN it.

Agreed, now go and nail it, get the CCJ wiped and (hopefully) get the £255 refunded.

Read saggi's thread, linked in the NEWBIES sticky, in post #2 in the lower paragraphs, about set asides.

CCJ set aside

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