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Ccj set aside…

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  • Ccj set aside…

    Hi i am hoping someone can offer some support/advice

    I recently had a court hearing via the telephone to have CCJ set aside in relation to a parking fine from 4year ago.

    My defence was that I was not aware of any fine / court action as they had been sending correspondence to an old address that I had not lived at for over 4 years. Furthermore my ex partner was insured at the time so he may have been the one who actually got the ticket and did not inform me.

    the judge stated that the papers where served to last known address which is all they could do. But then stated he believes I have only recently become aware of the CCJ since trying to remortgage and i Applied to the court for a set aside promptly. I explained this is now impacting on my ability to remortgage and get any financial credit.

    The judge also questioned the claimant about pictures of my car and signage in the Aldi car park where the fine was issued. He stated he did not think it was very clear in the photos that I was indeed parked over a line or in a raised, hatched area etc.

    therefore i am not sure if he has set aside because he thinks I have a reasonable chance of defending the said claim! Or if I can just pay the original fine and then the CCJ be removed.

    I am in the process of moving house and starting a new job and the prospect of having to write a written defence and attend a further hearing is stressing me out. I just want the CCj removing so I can remortgage

    thank you



    Tags: None

  • #2
    ostell

    Comment


    • #3
      So what has the court asked you to do?

      Comment


      • #4
        Originally posted by ostell View Post
        So what has the court asked you to do?
        Hi OSTELL

        He said about preparing a written defence within 28days.

        But I am not sure what I am defending? Is it because he thinks the pictures and signage are not clear and therefore I have a reasonable chance of defending? As my argument was always about not knowing about he ticket/ court action.

        I have rang the court requesting the court order but they are running very behind and said that I will not receive for another few weeks which will be too late.

        will the court order give any details about the reasons for setting aside?

        thank you

        Comment


        • #5
          So you have to prepare a defence of why you are not liable for the charge

          Comment


          • #6
            Originally posted by Lotti_16 View Post

            Hi OSTELL

            He said about preparing a written defence within 28days.

            But I am not sure what I am defending? Is it because he thinks the pictures and signage are not clear and therefore I have a reasonable chance of defending? As my argument was always about not knowing about he ticket/ court action.

            I have rang the court requesting the court order but they are running very behind and said that I will not receive for another few weeks which will be too late.

            will the court order give any details about the reasons for setting aside?

            thank you
            No and the reason isn't relevant really. It has been set aside and you have been told to file a defence. You now need to defend the claim or agree with the claimant to settle the claim with them discontinuing it.

            ostell may have more to add in terms how to defend against a PCN as this really isn't my area of specialty, I can only tell you what I have done to clear up procedurally what you should do.

            I'd imagine you say you are not liable as you weren't driving and therefore didn't enter into contract with them. But wait for further comment to be sure.
            COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

            My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

            Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

            Comment


            • #7
              Originally posted by jaguarsuk View Post

              No and the reason isn't relevant really. It has been set aside and you have been told to file a defence. You now need to defend the claim or agree with the claimant to settle the claim with them discontinuing it.

              ostell may have more to add in terms how to defend against a PCN as this really isn't my area of specialty, I can only tell you what I have done to clear up procedurally what you should do.

              I'd imagine you say you are not liable as you weren't driving and therefore didn't enter into contract with them. But wait for further comment to be sure.

              thank you both for your responses.

              I did wonder if I could ask the parking company if I could pay the original fine so that we would not need to go through more court proceedings. However I was not sure I could do this now?

              Do you have any examples of any written defence letters in regards to a PCN ostell?

              also if I do try and defend the claim and loose, therefore paying the fine/court fee, will the CCJ then be removed? Sorry I am just trying to think of all eventualities?


              thanks

              Comment


              • #8
                Originally posted by Lotti_16 View Post
                also if I do try and defend the claim and loose, therefore paying the fine/court fee, will the CCJ then be removed? Sorry I am just trying to think of all eventualities?
                If you were to loose and a CCJ be ordered as long as you settle it within 28 days it would not be reported to your credit file.
                COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

                My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

                Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

                Comment

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