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The reason I am considering paying it over applying for a set aside is the potential time and money that would be involved, including taking an unpaid day to attend court. There is also the risk of me not winning and having to pay the £255 for the court date as well as the CCJ. Please correct any of these assumptions if they are incorrect.
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If your case is anything like the other DCBL Excel CCJ cases on here recently (and we have had a few, all currently going for set aside) then the CCJ is presumably from 2017?
In which case paying it off does not clean up your credit, just marks it 'satisfied' which can still prevent a mortgage application, and continues to damage your credit for everything for 6 years from the judgment date.
So 'set aside' is the answer, despite the pain of the up front court fee (that might be refunded if the Judge agrees with you and holds Excel to have no cause of action against you as registered keeper - which they don't).
The hearing will be local, Excel are unlikely to turn up, you are in our experience,
almost certain to get the CCJ set aside under the circs, and it should take no more than half an hour. i.e. half a day off work, again you can try to claim those costs from Excel along with the £255.
The alternative is a set aside 'with consent' as described in the NEWBIES thread, but not many people opt for that, partly because paying a £100 consent version of the court fee AND having to pay off the rogue PPC as well, is a lot more than £255
and sticks in the throat, seeing as Excel cannot hold keepers liable. They had no case, the claim would be defendable.
Any idea when the parking event was? Pre POFA, early 2012? No chance that you were liable (unless the driver was known to Excel) and the claim was speculative and doomed if pre-October 2012. Even if later, Excel have never had the right wording on their NTKs to hold a keeper liable.
I would do the £255 set aside, hold your head high and see off the outrageous scam* once and for all.
*Hansard 2.2.18
PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
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