Paying a CCJ (DCBL)

The_Deep wrote: »

I suspect that OP means Feb 2018.

Yes, it should've read Feb 2018. Cheers.

Quentin wrote: »

Ignoring the original letters from the parking company is irrelevant

But the fly in your timeline is that you became aware of the ccj in February last year

This does make it unlikely that you can get success

One factor in getting a set aside is that you must apply promptly as soon as you are aware a ccj has been issued

(I wrongly assumed from you that you had just discovered this)

Cheers Quentin. Was my last posting that was incorrect. I have only recently become aware of this.

I have included a draft of my Witness Statement. Does it seem sufficient and is there anything I should do to strengthen it? Also, am I correct that the N244 form should be directed to the nearest court in the County of my current address?

WITNESS STATEMENT OF XXXXXXXXXXXX
_________________________________

I XXXXXXXXXXXXXXX of XXXXXXXXXXXXXXXX being the Defendant in this case will state as follows;

1. I make this Witness Statement in support of the application for an order that the judgment in this case (Claim No. XXXXXXXXXX Judgment dated XXXXXXX) be set aside.

2: CPR 13.3 states (1) In any other case, the court may set aside or vary a judgment entered under Part 12 if –
(a) the defendant has a real prospect of successfully defending the claim; or
(b) it appears to the court that there is some other good reason why –
(i) the judgment should be set aside or varied; or
(ii) the defendant should be allowed to defend the claim.

3. I learnt of the existence of this claim on the XXXXXXX when I ran a credit check and subsequently a Registry Trust Limited (RTL) search and had no knowledge of it prior to this date.

4. My address changed in XXXXXXX and a redirection service was in place.

5. I believe the Claimant has behaved unreasonably in pursuing a claim against me without ensuring they held the Defendant’s correct contact details. According to publicly available information my circumstances are far from being unique. The Claimant’s failure to use correct and current addresses results is an unnecessary burden for individuals and the justice system across the country.

6. Considering the above I was unable to defend this claim. I thus believe that the Default Judgement against me was issued incorrectly and thus should be set aside.

7. I therefore ask that the Court sets aside the judgment in this claim and allows 14 days for me to submit my defence.