Whitby coop Civil Enforcment limited help with defence please

[jazzyazzbo]

I am a new member as of 2 min ago and have only joined as a last resort to ask for help with my case.

I have spent days and weeks trying to read through as many posts on this matter as I can, not only is this matter frustrating me but the stress is staring to effect my health. Basically all I did was park in a car park in Whitby on a cold day in January 2013.
It is alleged that I entered the car park at 15.19 and departed at 18.09. The car park was free for two hours and as a result of a combination of events namely (a) my daughter having a hypo due to her type one diabetes and me having to get her something to eat (b) the time it took for my wife to feed our baby and me to load the car with four kids and pram (c) disposing of the recycling within the car park area I overstayed the free two hours. Although most of the time we were in the car whilst my wife fed our baby, we actually left the site 49 minutes later than we should have. I never thought any more about it until I received a notice for me to pay £90.00 reduced to £45.00 for a prompt payment. I rang and explained the situation and thought would be the end of the matter. The letters kept coming and adding interest then the matter was passed onto a debt collection service. Back in 2013 the advice was to ignore the threats which I did until now when I have recently received a CCJ county court judgment Total amount of £215. I wish to set aside judgment for a number of reasons but do not have any previous experience and am finding the wording difficult and the situation is stressing me out. Any help at all would be massively appreciated..

Kind regards

[mystery1]

Re: Whitby coop Civil Enforcment limited help with defence please

Have you received a claim and wish to defend or have you found an actual judgement against you and wish to remove it (set aside) ?

M1

[jazzyazzbo]

Re: Whitby coop Civil Enforcment limited help with defence please

Hi M1
From reading most of you're posts I was hoping that you would help.
I have received an actual ccj and wish to remove it.

[mystery1]

Re: Whitby coop Civil Enforcment limited help with defence please

When were you aware of the CCJ ?

Have you any idea why you didn't have knowledge of the court case ?

M1

[jazzyazzbo]

Re: Whitby coop Civil Enforcment limited help with defence please

I received the judgment on 22nd June. It didn't look like an official court letter it was from County court money claims centre. I rang to ask why I hadn't had the chance to represent myself and they told me that they had sent it the month previous. I had not received it and asked them to send it again as I was happy to go to court. They sent it 26 June

[mystery1]

Re: Whitby coop Civil Enforcment limited help with defence please

Can you scan up the judgement of 22nd and what they sent on 26th please ? (removed personal info)

M1

[jazzyazzbo]

Re: Whitby coop Civil Enforcment limited help with defence please

Sorry but due to bad timing and a problem with EE (also need advice on this issue) they have just cut off our Internet and I am sending this from my phone. I am going to my mums tomorrow afternoon she has internet

[mystery1]

Re: Whitby coop Civil Enforcment limited help with defence please

Are the 2 different ?

I'm really trying to clarify what you got and when.

http://legalbeagles.info/library/how...-judgment-ccj/

There are circumstances whereby a court must set aside and some where they may do.



Contents of this Part

Title Number
Scope of this Part Rule 13.1
Cases where the court must set aside judgment entered under Part 12 Rule 13.2
Cases where the court may set aside or vary judgment entered under Part 12 Rule 13.3
Application to set aside or vary judgment –procedure Rule 13.4
Omitted Rule 13.5
Abandoned claim restored where default judgment set aside Rule 13.6
Scope of this Part
13.1 The rules in this Part set out the procedure for setting aside or varying judgment entered under Part 12 (default judgment).
(CCR Order 22 r.10 sets out the procedure for varying the rate at which a judgment debt must be paid)
Back to top
Cases where the court must set aside judgment entered under Part 12
13.2 The court must set aside(GL) a judgment entered under Part 12 if judgment was wrongly entered because–
(a) in the case of a judgment in default of an acknowledgment of service, any of the conditions in rule 12.3(1) and 12.3(3) was not satisfied;
(b) in the case of a judgment in default of a defence, any of the conditions in rule 12.3(2) and 12.3(3) was not satisfied; or
(c) the whole of the claim was satisfied before judgment was entered.
Back to top
Cases where the court may set aside or vary judgment entered under Part 12
13.3
(1) In any other case, the court may set aside(GL) 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.
(2) In considering whether to set aside(GL) or vary a judgment entered under Part 12, the matters to which the court must have regard include whether the person seeking to set aside the judgment made an application to do so promptly.
(Rule 3.1(3) provides that the court may attach conditions when it makes an order)
(Article 19(4) of the Service Regulation (which has the same meaning as in rule 6.31(e)) applies to applications to appeal a judgment in default when the time limit for appealing has expired.)


It is also noted that you must act quickly to get a set aside.



M1

[jazzyazzbo]

Re: Whitby coop Civil Enforcment limited help with defence please

They sent N1 claim form. N244 allocation notice. Usual particulars of claim signed by Mr M Schwartz seems same as most on forums

[mystery1]

Re: Whitby coop Civil Enforcment limited help with defence please

Was it like this ?



M1

- - - Updated - - -

They sent N1 claim form. N244 allocation notice. Usual particulars of claim signed by Mr M Schwartz seems same as most on forums

N1 form dated ?

Allocation notice ? What does that say ?

M1

[jazzyazzbo]

Re: Whitby coop Civil Enforcment limited help with defence please

Not exactly the same. A bit similar

[mystery1]

Re: Whitby coop Civil Enforcment limited help with defence please

So you got the N1 and did nothing ?

M1

[jazzyazzbo]

Re: Whitby coop Civil Enforcment limited help with defence please

N1 form claim no & date covered with a bar code sticker. A fake looking crown stamp seal date of service 22may. All documents are on very cheap photocopied paper. Sorry what is the Allovation notice? Is it easier for me to phone you?

[mystery1]

Re: Whitby coop Civil Enforcment limited help with defence please

Sorry but off board help is against site rules (this includes private messaging).

I'm just making sure i get the facts right before i make a suggestion. 2 last things before i tell you what i think.

Was the claimant Civil Enforcement limited or Debt enforcement and action limited ?

Did you ever get a letter of assignment ?

M1

[jazzyazzbo]

Re: Whitby coop Civil Enforcment limited help with defence please

N1 says the claim is for contractual fees due alternatively as damages for breach of contract arising from the non payment of fees, or as damages for trespass.
Amount claimed £130. Court fee £35.solicitors costs £50. Total £215.00.