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Default CCJ - Help!

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  • Default CCJ - Help!

    Hello,

    I appreciate there are lots of threads on this already but would like to see if any members are able to offer me specific advise?

    I've just found out via a credit alert that I have a CCJ registered against me from a private parking company

    They've serviced the claim against my old address (moved last year). Updated driving licence, DVLA, electoral register etc when I moved.

    On a couple of occasions I forgot to display my permit and got a ticket - They discontinued a case against me 18 months ago after I sent witness statement etc...

    There was another occasion about 2 years ago (the specific parking event they've claimed against me on this occasion) --- where I parked in a sort of unloading area above ground next to the flats in the middle of the night. I specifically remember this event because I had been inside for around 15 minutes before returning to my car to find a ticket which I remember thinking how unlucky! I had forgotten my electric key fob to enter the gated car park and had agreed to collect my flatmate from the train station - so didn't go to my space in the car park for the 15 minutes,

    Question is - is it worth trying to have the claim set aside? They claim that I've broken the T&Cs of parking - however the signage is foreboding i.e. there is no offer to park - also there may be some other legal arguments around unfair consumer contracts etc --- They've pursued me via POFA - so I believe that they can't add all the inflated costs on top.

    I'm not bothered about being in a net loss position in regards to paying court fees greater than the debt - I want to pay them as little to nothing as possible.
    Tags: None

  • #2
    Set Aside Application

    is the details for set aside applications. If the claim was served on your old address and they had no reason to do so ( which it sounds like, they didn't do their due diligence )then you really should apply to have the CCJ set aside. You can then make a decision on whether to defend the case or make an offer to pay so that the CCJ doesn't get reapplied if your defence fails.
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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    Comment


    • #3
      Thanks for the above link. That has been useful as have all the other threads on the forum.

      I asked to have the judgement set aside by consent but they fobbed me off and then ignored the deadline I set for a response.

      So I've sent off my little bundle to the courts - should be set a hearing date soon. Will update this thread with the outcome.

      Comment


      • #4
        Are any members able to offer some advice as not been through this process before?

        I've got a set aside hearing date set in late December. I sent off my set aside form, witness statement, draft defence and draft order (asking to set aside/pay ,my costs)

        After looking through forums I'm not 100% sure on following:

        1.) Do I need to send other side any of the documents I sent to the court?

        2.) Is it wise to send a type of letters such as SAR to ask claimant what info they have on me etc? What's the best format?

        3.) I'm still not 100% sure what 'parking offence' I'm being collared for - I had a couple of tickets parking in my own space and once when I unloading in the middle of the night in a dropoff area - I think I'm done for the later from the dates given to me by the court - question being can I supplement/add to witness statement when I get to court if claimant doesn't give me any info I need until the day in question? if that makes sense?

        many thanks in advance


        Comment


        • #5
          ostell ?
          Debt is like any other trap, easy enough to get into, but hard enough to get out of.

          It doesn't matter where your journey begins, so long as you begin it...

          recte agens confido

          ~~~~~

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          • #6
            I'm not sure about sending the documents to the claimants as well as the court by err on the safe side and send them.

            Send a SAR to the parking company. Here's a link to a template. As well as requesting all the documents also ask specifically for the PCN that they issued. the 30 days should be before you have to be in court? But in the meantime mention that you have requested the documents but they have not yet supplied them. That way you can see what specifically they are claiming for, As you say if it was a forbidding sign then all should be well.

            Comment

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