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Found a CCJ for Parking Eye
Methodology
post Thu, 15 Nov 2018 - 12:13
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Hi All

Myself and my wife took some time out after a difficult period for us suffering multiple miscarraiges and with me working from home my wife took time out of work and
we moved to Spain for 6 months for some time out. I put this not for sympathy for my case but as an indication that we did not flee the country to avoid a parking ticket.

We returned at the end of September to a new place and started to get back to normal, My wife has started a new job and we applied to buy a car for her commute this week
and we were refused. Looking at a credit site we were shocked to find a CCJ on my wifes account from July. I called the courts yesterday and they told me to pay a £255 fee
and apply to have the CCJ set aside as we did not recieve any court letters before during or after our return from Spain.

I have also spoken with the place we recieved the ticket as it would have been me driving and they confirm I had the right to park there and had I had the chance to report it to them we
would never have got to this stage.

I have downloaded the N244 form for the judge and paid the £255 fee to the courts but wnated to ensure I put the response in correctly to give it the best possible chance of success.

I would have quite happily of paid the fine or rang the gym where the ticket was issued and had it dropped if we knew anything of these court proceedings and I feel it unfair that
my wife now has her excellent credit raiting ruined for something firstly she had no part in at all and secondly did not know about any court hearing.

My question really is there anyway the N244 should be approached and are there any does and don'ts. I have been told I could do it by email but surely letters would be more official.

Any help would be greatly appreciated and my main concern is to clear my wifes credit rating.
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post Thu, 15 Nov 2018 - 12:13
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kommando
post Thu, 15 Nov 2018 - 13:13
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For a contested set aside you pay a fee of £255, you also need a valid reason for not receiving the original claim and a defence which has a good chance of succeeding. Your potential defence would be bolstered by a containing a letter from the principle (gym) saying they do not want the defendant to be pursued.

This resets the clock, the CCJ is cleared and PE then have to resubmit the claim, knowing the letter from the principle exists will make them think twice as they would normally discontinue when faced with the letter after raising a claim. So you need the order from the set aside to make PE liable for the £255 if they do not raise a replacement claim or discontinue before a hearing.

The other option is an uncontested set aside, you pay the judgement £ to PE and £100 extra, they then apply for an uncontested set aside and the CCJ is cleared but no chance of getting any monies back.

PS its not a fine but a speculative invoice enforced using contract law.

This post has been edited by kommando: Thu, 15 Nov 2018 - 13:14
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nosferatu1001
post Thu, 15 Nov 2018 - 13:48
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You should also submit a draft Order, which is what you want the courts to do as a result of the hearing. At minimum this sets aside the judgement, resereves costs etc.
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southpaw82
post Thu, 15 Nov 2018 - 14:13
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QUOTE (kommando @ Thu, 15 Nov 2018 - 13:13) *
you also need a valid reason for not receiving the original claim

Where is that requirement in the rules?


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Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed.
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baroudeur
post Thu, 15 Nov 2018 - 15:34
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QUOTE (kommando @ Thu, 15 Nov 2018 - 13:13) *
For a contested set aside you pay a fee of £255, you also need a valid reason for not receiving the original claim and a defence which has a good chance of succeeding. Your potential defence would be bolstered by a containing a letter from the principle (gym) saying they do not want the defendant to be pursued.



Principal please! wink.gif
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SchoolRunMum
post Thu, 15 Nov 2018 - 21:43
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QUOTE (nosferatu1001 @ Thu, 15 Nov 2018 - 14:48) *
You should also submit a draft Order, which is what you want the courts to do as a result of the hearing. At minimum this sets aside the judgement, resereves costs etc.


Same as the other set aside threads, have a look at the one by Disgruntled48.

Same as I told humaakht
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