Completing N244 to Set Aside CCJ due to Parking Charge Notification

[Manccat250685]

Hello All

I'm looking for some advice if possible - I recently applied for credit which was denied which led me to check my credit report. To my horror I was issued with a CCJ last year - however this was to a property that I previosuly lived in and sold.

The CCJ has come about from a parking charge notification that I didn't pay. I did dispute this when first got issued with the ticket - I then received letters threatening court action but I never received court papers. I did have a postal redirect service in place for three months after I moved.

I have all the paperwork I need from the court to submit my N244 and they have sent me details of the case, however this is very brief and does not give me the dates that the court papers were sent. I have also contacted the company directly who issued me with the parking ticket (they do not use a solicitor) however they have been very cagey about sending out information to me.

I guess I would like to know if anyone has succeeded of having their CCJ set aside due to not receiving the court papers? Also any advice on how to complete the N244 would be gratefully received.

Thanks in advance!

[FlamingParrot]

Re: Completing N244 to Set Aside CCJ due to Parking Charge Notification

Hello All

I'm looking for some advice if possible - I recently applied for credit which was denied which led me to check my credit report. To my horror I was issued with a CCJ last year - however this was to a property that I previosuly lived in and sold.

The CCJ has come about from a parking charge notification that I didn't pay. I did dispute this when first got issued with the ticket - I then received letters threatening court action but I never received court papers. I did have a postal redirect service in place for three months after I moved.

I have all the paperwork I need from the court to submit my N244 and they have sent me details of the case, however this is very brief and does not give me the dates that the court papers were sent. I have also contacted the company directly who issued me with the parking ticket (they do not use a solicitor) however they have been very cagey about sending out information to me.

I guess I would like to know if anyone has succeeded of having their CCJ set aside due to not receiving the court papers? Also any advice on how to complete the N244 would be gratefully received.

Thanks in advance!

Not having received the papers is just part of the story, the other, and possibly more important part, is your defence. The court isn't likely to agree to set aside a judgment when the claimant can just re-issue the claim and obtain judgment in their favour, you need to show that, had you received the papers, your defence would have been successful.

You will find some useful info about filling in the N244 and drafting your other bits'n'pieces, here:
http://www.legalbeagles.info/forums/...ants-in-Person
http://legalbeagles.info/library/how...-judgment-ccj/
http://www.legalbeagles.info/forums/...lication-notes

You may also want to look into fee remission, the application fee is £155 and since this is a parking charge, the judgment probably isn't much more than that so see if you are eligible: http://hmctsformfinder.justice.gov.u...ex160a-eng.pdf

[mystery1]

Re: Completing N244 to Set Aside CCJ due to Parking Charge Notification

I guess I would like to know if anyone has succeeded of having their CCJ set aside due to not receiving the court papers?

Happens a fair bit. I'd phone the court and find out where they sent the claim too. There are 2 categories for a set aside. 1. Must be set aside 2. may be set aside.

https://www.justice.gov.uk/courts/pr...l/rules/part13

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.)


Ideally you want option 1 because it's much easier.

In either event contact the claimant and ask them to consent as a consented application will not need a hearing and is £80 and as near a rubber stamp job as you'll get.

M1

[Manccat250685]

Re: Completing N244 to Set Aside CCJ due to Parking Charge Notification

Thanks for your advice it's been very helpful!

Unfortunately I am not eligible for fee remission, and the Claimant is being very cagey when I ask for information so I very much doubt that they will agree to consent! However I will give this a try.

After doing some research I have come up with the following points for a defense:

- The fine issued was disproportionate to the loss incurred by the landowner.

- the notice to keeper was flawed, I was not the registered keeper of the vehicle. (The vechile was a lease car and therefore owned by the lease company).

- unclear signage, the signs at the entrance to the car park did not make clear that it was manged, therefore it was unclear what the contract arrangement was between the landowner and the driver.

Is this a reasonable defense? Any advice at all would be appreciated!

Thanks

[mystery1]

Re: Completing N244 to Set Aside CCJ due to Parking Charge Notification

Do you have the original PCN and the court claim form ?

Are you the keeper ?

“keeper” means the person by whom the vehicle is kept at the time the vehicle was parked, which in the case of a registered vehicle is to be presumed, unless the contrary is proved, to be the registered keeper

M1

[Manccat250685]

Re: Completing N244 to Set Aside CCJ due to Parking Charge Notification

I can't locate the original PCN and I never recieved the court papers due to a house move.

I was never the registered keeper of the car in question as it was a lease car so the lease company had the log book, registration documents etc.

Thanks

[mystery1]

Re: Completing N244 to Set Aside CCJ due to Parking Charge Notification

http://www.legislation.gov.uk/ukpga/...dule/4/enacted

“keeper” means the person by whom the vehicle is kept at the time the vehicle was parked, which in the case of a registered vehicle is to be presumed, unless the contrary is proved, to be the registered keeper


“registered keeper”, in relation to a registered vehicle, means the person in whose name the vehicle is registered



Keeper and registered keeper can be different.



The keeper liability argument is a strong one. Do not reveal the drivers details.

I would ask the court for a copy of the claim as without it you cannot be specific in a draft defence.

M1

[Manccat250685]

Re: Completing N244 to Set Aside CCJ due to Parking Charge Notification

Thanks, the court has emailed me the case details which is basically a summary paragraph from the claimant which doesn't give much detail.

i will ask the court to send me a copy of the claim.

[Manccat250685]

Re: Completing N244 to Set Aside CCJ due to Parking Charge Notification

So I have just rung the court again who have said that there is no additional information they they can send me as the brief paragraph from the claimant is all that they have on file. This is basically just a timeline of events and when letters were sent out.

Given that the claimant is not willing to give me any further information I am now going to start completing the paperwork.

If anyone has anything else to add please let me know!

Thanks.

[Manccat250685]

Re: Completing N244 to Set Aside CCJ due to Parking Charge Notification

Hello All

just a quick update, I have my hearing to set aside the judgment in a few days time.

I am currently planning how to play this so I have summarised the points of my defense along with the information around never getting any of the court papers due to a move of address.

Is there anything else that I may have missed?

Thanks in advance

[mystery1]

Re: Completing N244 to Set Aside CCJ due to Parking Charge Notification

so I have summarised the points of my defense

Sounds about right although i've not seen your summary.

http://parking-prankster.blogspot.co...arguments.html

M1

[dan_1207]

Re: Completing N244 to Set Aside CCJ due to Parking Charge Notification

Generally, it will be whatever you put in your witness statement / evidence at the time. Just expand on that.

[Manccat250685]

Re: Completing N244 to Set Aside CCJ due to Parking Charge Notification

Hello All

Just a quick update on this, my hearing was actually due to be Thursday, unfortunately I misread the letter and so missed the hearing! Stupid mistake I know!

I rang the court first thing this morning to find out what had happened at the hearing. They told me that neither party attended and that there was one line on the file from the judge which was that I had 14 days to file my defence from the date of the order.

To me this sounds like the judgment has been set aside, however I just wanted an opinion here as I will need to wait to next week for the paperwork to come through from the court.

Also can I please have some advice as to my next steps?

Thanks in advance!

[mystery1]

Re: Completing N244 to Set Aside CCJ due to Parking Charge Notification

I suspect you are correct but really it is guessing. Wait for the paperwork and study http://parking-prankster.blogspot.co...arguments.html

M1

[Manccat250685]

Re: Completing N244 to Set Aside CCJ due to Parking Charge Notification

Ok so I now have the letter from the court which basically reads that:

It is ordered that the Defendent files her defence by (time and date) in default of which judgment shall be re entered.

Can I presume then that the original judgment has been set aside?

If this is the case what are the next steps? My end game is a clean credit rating so can I settle this debt now?

thanks in advance.