** Won ** Set aside CCJ help!

[jameslsmith85]

Hi all.
So what I'm guessing that in about 2009-2010 I got a parking ticket from a private parking company but its so long ago I don't remember. Anyway I simply ignored it as was the old advice.

Fast forward to August 2016. I check my credit history and I have a CCJ from Nov 2014. For the ticket about 5 years earlier.
Of course I didnt even have the chance to defend the ticket (which I would have done and won as with another ticket I have defended). The court date for the ticket was so late that I had changed my name(in Oct 2010) and moved house (in May 2011). I didnt hide my name change or house move. In fact the claimant was the same company that I won a case against under my new name and address. So they knew where I was.

Anyway I want to set the judgement aside so I can defend it and have it removed from my credit file.
I have the form to fill in and a copy of my statement of defence for the case I won (I dont know the details of the ticked to alter it though). Can I use the defence at all? Should I try to with the set aside?
Also what should I say as my reasons for applying? Are my reasons good enough?

Thanks in advance everyone.

[mystery1]

Re: Set aside CCJ help!

Have a read http://legalbeagles.info/forums/show...et-aside-a-CCJ

Are you saying that the first case that you won was before the CCJ you now have was started ? and the same firm ?

M1

[jameslsmith85]

Re: Set aside CCJ help!

Hi thanks will read later on. It was actually around the same time the other one was in 2014. I think the court date may even have been November for that one too. And yes same firm.

[jameslsmith85]

Re: Set aside CCJ help!

Have a read http://legalbeagles.info/forums/show...et-aside-a-CCJ

Are you saying that the first case that you won was before the CCJ you now have was started ? and the same firm ?

M1

Hello.
I've read through the whole of the thread with gritted teeth. It's close to my situation but not completely the same so I'm nervous to use any of the info from it for myself.

The case I won back in 2014 was against Civil Enforcement Ltd. CEL. Another very well known private parking nuisance.

Of course the difference between the case I didn't know about and the case I won is that one came after the other and my name and address would have already changed when the initial letters were sent out. Having said that as soon as I changed my name I updated my driving licence and all of my other documentation. When I moved I updated the electoral role, my driving licence(again) and all of my other documentation.

I didn't receive a claim form for the offence I didn't defend and I didn't get a chance to defend it at all.

Can I use the same arguments as the ones in the thread you linked me to in that CEL didn't make reasonable effort to obtain my new address and details? Coupled with the fact that they were already in touch with me at the new address surely proves they haven't even tried to find me with the other claim.

My only problem with the witness statement is that I have literally no details of the alleged parking offence. Should I contact CEL directly to obtain the info? Or should I contact CCMCC to get some more information?

Another thing I'm wondering is who do I send the application to set aside the CCJ to exactly? CCMCC? And who do I pay the fee to and when?

Thanks in advance.

[R0b]

Re: Set aside CCJ help!

Hi James,

Every application to set aside will vary from case to case and will normally be determined on individual facts. The Link M1 has provided is fact specific to that person but there may be some crossover as you have suggested, which you could use and adapt to suit your application.

It is a valid reason to ask the Court to set aside the CCJ based on the fact that you never received the claim form, and that CEL ought to have made reasonable inquiries as to your current whereabouts prior to issuing the claim. Though they may argue rebut this by saying that you acknowledged the previous one so it was reasonable to presume that you were still living there. Though you could say that given there was no response to the letters by you, that in itself would seem strange based on the fact that you successfully defended the previous claim they issued. Due to the absence of response it would not be unreasonable to have made further inquiries.

The set aside application would be sent to the Court where the judgment was obtained, you would need to reference the original claim number so they can link it up.

I can't remember if the other poster drafted a defence but it is always best to provide a draft defence to the Court as part of your application (although not necessary) it helps to show them that you have a reasonable prospect of successfully defending the matter.

Fees are made payable to HM Courts and Tribunals Service, or you could pay by card over the phone.

More than happy to look at your application before you send it off to the Court.

[jameslsmith85]

Re: Set aside CCJ help!

Hi James,

Every application to set aside will vary from case to case and will normally be determined on individual facts. The Link M1 has provided is fact specific to that person but there may be some crossover as you have suggested, which you could use and adapt to suit your application.

It is a valid reason to ask the Court to set aside the CCJ based on the fact that you never received the claim form, and that CEL ought to have made reasonable inquiries as to your current whereabouts prior to issuing the claim. Though they may argue rebut this by saying that you acknowledged the previous one so it was reasonable to presume that you were still living there. Though you could say that given there was no response to the letters by you, that in itself would seem strange based on the fact that you successfully defended the previous claim they issued. Due to the absence of response it would not be unreasonable to have made further inquiries.

The set aside application would be sent to the Court where the judgment was obtained, you would need to reference the original claim number so they can link it up.

I can't remember if the other poster drafted a defence but it is always best to provide a draft defence to the Court as part of your application (although not necessary) it helps to show them that you have a reasonable prospect of successfully defending the matter.

Fees are made payable to HM Courts and Tribunals Service, or you could pay by card over the phone.

More than happy to look at your application before you send it off to the Court.

Hi and thanks!

I think I've confused things a little here. The case I defended was at my new address in my new name. I didn't defend anything at my old address at all. The more recent one is the one that I ended up winning. I'm sure I can adapt my defence of that ticket to use again if the set aside was successful. I'm just nervous about the actual process of setting aside and want to ensure I give myself every chance of it being agreed.

[R0b]

Re: Set aside CCJ help!

You application to set aside would most likely fall under CPR 13.3, that is the court 'may' set it aside if it falls within one of the criteria set out. Even if you are not successful on setting aside because you did not receive anything then you could be successful on the basis that there is some other good reason and/or there is a real prospect of successfully defending the claim.

Set aside applications will need to be made promptly and you will have to explain in a witness statement how you discovered the CCJ. It is up to you as to how you want to word it but to give you the best chance, you should provide a draft defence with it and a draft order. I think the order previously used was worded to say that they should re-serve the claim form on the defendant and then you have X days to provide a defence or it is struck out.

The application process is pretty straightforward, its the content of it that you need to make sure is right to afford you every chance of having it set aside.

[jameslsmith85]

Re: Set aside CCJ help!

You application to set aside would most likely fall under CPR 13.3, that is the court 'may' set it aside if it falls within one of the criteria set out. Even if you are not successful on setting aside because you did not receive anything then you could be successful on the basis that there is some other good reason and/or there is a real prospect of successfully defending the claim.

Set aside applications will need to be made promptly and you will have to explain in a witness statement how you discovered the CCJ. It is up to you as to how you want to word it but to give you the best chance, you should provide a draft defence with it and a draft order. I think the order previously used was worded to say that they should re-serve the claim form on the defendant and then you have X days to provide a defence or it is struck out.

The application process is pretty straightforward, its the content of it that you need to make sure is right to afford you every chance of having it set aside.

Thanks for the advice. I'll fill out my form and forward it to you so you can let me know if it looks like I'm doing the right thing. I'm mostly useless with these things and the wording is totally over my head too. It's totally overwhelming really but I know I have to do it because I shouldn't have a CCJ and I want to clean up my credit file by getting rid of it!

- - - Updated - - -

Should I be attaching my witness statement in addition? The box doesn't seem big enough to fit in all the details? I really don't know what I'm doing here! Sorry!

[R0b]

Re: Set aside CCJ help!

for the application form itself, you could mostly follow the one in the other link provided. Normally the witness statement is longer than the box so you simply tick the box which says you'll provide a witness statement in support, and then draft a separate witness statement document.

[jameslsmith85]

Re: Set aside CCJ help!

for the application form itself, you could mostly follow the one in the other link provided. Normally the witness statement is longer than the box so you simply tick the box which says you'll provide a witness statement in support, and then draft a separate witness statement document.

OK thank you. I'll try to get my head around this all tonight and start typing things up. I'm assuming that in the box for the order i'm applying for and why I should say "I am making application for this CCJ to be set aside on the basis that I have only just found about it through a credit file search. All the documentation went to a property I left in May 2011 and had I known would either have disputed it or paid it in full"??

[jameslsmith85]

Re: Set aside CCJ help!

Surely I can apply for an order based on 13.2 and 13.3 can't I? The claimant didn't issue the claim form to my current address and made no attempt to find my current address?

- - - Updated - - -

See attached form filled in. Does this look right?

[jameslsmith85]

Re: Set aside CCJ help!

Edited witness statement attached.

Does this look ok?

I don't have much to go on since I don't actually know much about the alleged offence.

[mystery1]

Re: Set aside CCJ help!

A defence from 2014 would probably need major reconstruction after Beavis.

DEAL claims were usually Co-op car parks. CEL don't do keeper liability (it was from before POFA 2012 anyway) and would probably struggle to prove who the driver was. You don't appear to know either.

Be careful with your personal information. Given your username it's really only your email address but if i didn't want @R0b to see it, i would have removed the attachment.

M1

[jameslsmith85]

Re: Set aside CCJ help!

A defence from 2014 would probably need major reconstruction after Beavis.

DEAL claims were usually Co-op car parks. CEL don't do keeper liability and would probably struggle to prove who the driver was. You don't appear to know either.

Be careful with your personal information. Given your username it's really only your email address but if i didn't want @R0b to see it, i would have removed the attachment.

M1

The alleged offence is from 2010. DEAL are CEL aren't they? My defence is from a case in 2014 from a PCN I got in 2011 or some-when. So I'm thinking I should be able to use the same wording? I just need to find out the actual details of the claim that was made against me. It could be a co-op car park but it could be another I used back then that used CEL that wasn't co-op, I think it may have been KFC that owned it but I can't remember. It's just so long ago I have no idea of the details.

Do you think I should try to find out more info about the alleged offence before I send my application to have the CCJ set aside?

[mystery1]

Re: Set aside CCJ help!

DEAL are CEL aren't they?

They are different companies, but essentially the same people.

So I'm thinking I should be able to use the same wording?

If Beavis changed matters then no. Without sight of what it was it's tricky to say.

Do you think I should try to find out more info about the alleged offence before I send my application to have the CCJ set aside?

A set aside needs to be done promptly. Whilst it would be ideal to have full details first you cannot delay.

M1