CCJ I knew nothing about: help with filling out a N244 application

[TomP1994]

Hi

I have recently found out I have a CCJ filed against me and I knew nothing about this. I have contacted the CCBC and obtained the particulars of the judgement and contacted the claimant to try and obtain agreement for setting aside. To date (7 days) I have not received a response from the claimant, so I am progressing with the N244 application.

The CCJ was for a PCN, where I overstayed in a NHS carpark and the ANPR captured my car entering and leaving the carpark. The PCN (I assume) was sent to an old address so I was not aware of the initial PCN or the subsequent CCJ correspondence.

I am posting this for advice on how is best to fill in the N244 and generally if it is worth submitting (ie is my case strong). In particular, for questions 3, 7, 8, 9, 9a I am finding difficult to ascertain the correct/level of information required. Also for question 10, is this evidence just any correspondence I have made with the CCBC and the claimant?

Any help would be really appreciated.

Thanks in advance,

Tom

[TomP1994]

Hi

As an update to my previous post I have drafted my N244 form to set aside a CCJ. I have set out the bellow information within question 10, which I want the court to take account in support of the application.

'Following a recent search of my credit file (19-Aug-18), I have found out I have a County Court Judgement (CCJ) against me, dated 22 June 2018.

Correspondence with the County Court Business Centre (CCBC) (02-sept-18) confirmed this was filed by the claimant (XXXXXXX), in relation to a parking charge notice (PCN) issued on the 08 September 2017, due to an overstay in an NHS car-park.

Due to the use of ANPR cameras, I was not issued with a paper ticket on site on the date of the PCN. Likewise, I did not receive any correspondence referencing the PCN or CCJ at the property in occupation at the time, or during the period thereafter until I moved into my current address (10 months). It is assumed any paper work was sent to an old address, therefore I have been unaware of both the PCN and CCJ.

As I was unaware of and did not receive any correspondence regarding the PCN and CCJ, I have been unable to pay any sums owed or defend myself in court (as I believe I am entitled to do). Therefore, on this basis, I believe it to be fair and just to order the following:

• For the set aside of the County Court Judgement dated 22 June 2018.
• For the Claimant to pay the Defendant £255 as reimbursement for the set aside fee.
• For the original claim to be dismissed.'

Any feedback or suggestions on this would be greatly appreciated - I have never filled anything like this out before.

Thanks

[TomP1994]

Thanks for the suggestion i have done this. It was my first car and unaware i needed to update the V5, so only updated the address in January 2018. But i assume any CCJ correspondence would have started after January 2018.

[ostell]

Is the date on your updated V5 before or after the alleged parking?

[TomP1994]

After, but I don't have a copy of that V5 anymore as i have moved again since.

[TomP1994]

Hi

As an update to my previous post I have drafted my N244 form to set aside a CCJ. I have set out the bellow information within question 10, which I want the court to take account in support of the application.

'Following a recent search of my credit file (19-Aug-18), I have found out I have a County Court Judgement (CCJ) against me, dated 22 June 2018.

Correspondence with the County Court Business Centre (CCBC) (02-sept-18) confirmed this was filed by the claimant (XXXXXXX), in relation to a parking charge notice (PCN) issued on the 08 September 2017, due to an overstay in an NHS car-park.

Due to the use of ANPR cameras, I was not issued with a paper ticket on site at the date of the PCN. Likewise, I did not receive any correspondence referencing the PCN or CCJ at the property in occupation at the time, or during the period thereafter until I moved into my current address (10 months). It is assumed any paper work was sent to an old address, therefore I have been unaware of both the PCN and CCJ.

As I was unaware of and did not receive any correspondence regarding the PCN and CCJ, I have been unable to pay any sums owed or defend myself in court (as I believe I am entitled to do). Therefore, on this basis, I believe it to be fair and just to order the following:

• For the set aside of the County Court Judgement dated 22 June 2018.
• For the Claimant to pay the Defendant £255 as reimbursement for the set aside fee.
• For the original claim to be dismissed.'

Any feedback or suggestions on this would be greatly appreciated - I have never filled anything like this out before.

Thanks

[Amethyst]

Did you get court to send you a copy of the original Claim form? Did they give you the address ? If so you can say you left the address in xxxxx 2018. If the Judgment is dated June 2018 then it shouldn't be an issue you didn't update the V5 info until Jan 18 as the claim wouldn't have been issued until April/May.

If the parking ticket was from before Jan 18 then they should have checked the address details were correct still before issuing a claim, particularly if they'd had no response to ticket or pre-action letters. When did you move house? ( maths says December 2017 ?) so if the PCN was sent in time after the parking incident in Sept 2017 it would be out of time ( I don't know the parking rules ostell ? )

You can't put this in really "

• For the original claim to be dismissed.' "

A judgment should be set aside to allow you to go on to defend the claim.

Have you had a read of the guidance here? Set Aside Application

[ostell]

Really need to see the Particulars of Claim as a Starting point and then get the claimants to provide the documents they used, particulary the Notice to Keeper.

The V5 was not updated till later so they were using the address on the V5