Just today received a CCJ for £350 quid, for parking in a hotel car park.

This is the first bit of paperwork that i've had, other than them asking me for money (the pcn) thing.

I wrote back to them stating that i was a guest of the hotel at the time, they replied with a letter saying 'we don't care'

What steps do i now have to do to get the court to reverse this?

Two quick questions. Are you sure it's a CCJ, i.e. that a court is ordering you to pay this sum? I would presume the regulars would like the document uploaded (with your personal details removed).

Also, have you moved since you stayed in the hotel? Moving is the chief reason these con artists are able to get a backdoor CCJ.

can you complete this please

https://www.consumeractiongroup.co.uk/forum/showthread.php?465231-Received-a-Court-Claim-From-A-Private-parking-Speculative-invoice-How-To-Deal-With-It-HERE***Updated-Aug-2016***

is the a CCJ or is it a CLAIMFORM N1?

Its a judgement for Claimant (in default)

from a PCN

Doing some searching..

as i understand it.. i can defend the CCJ with an N244 form, and EX160 form.. but doing so will cost me £255, and its money i won't get back.. even if i win.. its a crazy system, where defending yourself costs almost as much as they want.

I'm tempted to pay the £350, and then raise a claim against the hotel to get the moiney back... as the parking company are their agents, and i was a customer of the hotel.

Have you moved house since this started?

HB

No.. i haven't moved house.

can you complete this please

https://www.consumeractiongroup.co.uk/forum/showthread.php?465231-Received-a-Court-Claim-From-A-Private-parking-Speculative-invoice-How-To-Deal-With-It-HERE***Updated-Aug-2016***

is the a CCJ or is it a CLAIMFORM N1?

All those questions are about a PCN - Dx.. this is for overturning a judgement ?

No.. i haven't moved house.

Thank you. I'm just wondering how they got a Ccj without you knowing.

HB

All those questions are about a PCN - Dx.. this is for overturning a judgement ?

All those questions need answering so they can be ripped apart, that will then make the set aside easier.

The problem here, is the CCJ is already given.. and it's pointless having to pay £255 that you don't get back, to try to get it set aside. - i might as well pay the £350

Has anyone seen anything about receiving a fine like this.. and then successfully suing the hotel ? (as the parking company acts as an agent for the hotel).. and my 'contract' as it were, is with the hotel. ?

It wasn't a fine it was an invoice, why did the hotel not lean on the PPC to cancel?

nothing to do with the hotel but the land owners that MIGHT have signed a contract with these fleecers

yes we need those q's answered as best.

if you've not got a copy of the CCJ

ring northants bulk and ask for a copy of the CCJ and the claimform by email pdf

you will get the money back when you beat them in round 2.

They may well drop the matter and you will then be £100 better off and no CCJ ruining your credit files.

Its a judgement for Claimant (in default)

 

from a PCN

 

Doing some searching..

as i understand it.. i can defend the CCJ with an N244 form, and EX160 form.. but doing so will cost me £255, and its money i won't get back.. even if i win.. its a crazy system, where defending yourself costs almost as much as they want.

 

I'm tempted to pay the £350, and then raise a claim against the hotel to get the moiney back... as the parking company are their agents, and i was a customer of the hotel.

Use an N244 to get a set-aside hearing pronto - then contact the court and explain you need the hearing within 28 days of the initial judgment to ensure the CCJ will not exist and you're back to defending the initial claim. Then you can beat them and attempt to recover costs - possibly by a counterclaim depending on circumstances.

Use an N244 to get a set-aside hearing pronto - then contact the court and explain you need the hearing within 28 days of the initial judgment to ensure the CCJ will not exist and you're back to defending the initial claim. Then you can beat them and attempt to recover costs - possibly by a counterclaim depending on circumstances.

if you have some way of attracting the courts attention and getting them to run your case according to your timescales, then we would all be very keen to hear about it.

In the meantime, I think that this advice is completely wrong

I understand what numnumnum means, if the appeal is submitted in a certain time then the CCJ never gets as far as making it into the public domain. It will depend on how busy that particular court is as to whether the set aside can be heard in that time. The OP hasnt given us enough information to be helful on that.

Surely if you submit an N244 and then go on to get the set aside, the CCJ disappears anyway.

Although it would be nice to just rock up at court one morning, N244 in hand, and get yourself in front of a Judge, it's pretty unlikely.

Only if the application is successful...which may takes weeks for a hearing....Judgements are registered instantly to the CCJ Trust...but pending subject to the payment allowance date.

Need that link doing and the poc from the claimform

An n244 only needs to show a reasonable chance of successful defence to get a set-aside. Talk to the court staff when submitted and politely ask if there's anything they can do to get you a hearing as soon as possible - I know someone who did just that hence the suggestion. Court staff are often friendly, understand your predicament and appreciate being spoken to like humans.

If you're set-aside after 28 days from default judgement, the CRAs will have the ccj and you need to work to ensure they're removed.

An n244 only needs to show a reasonable chance of successful defence to get a set-aside. Talk to the court staff when submitted and politely ask if there's anything they can do to get you a hearing as soon as possible - I know someone who did just that hence the suggestion. Court staff are often friendly, understand your predicament and appreciate being spoken to like humans.

 

If you're set-aside after 28 days from default judgement, the CRAs will have the ccj and you need to work to ensure they're removed.

And if it was a default judgment from CCBC Northampton......?

And if it was a default judgment from CCBC Northampton......?

Once the set-aside is received, it gets transferred to your local court - that's where they consider your written request and confirm a hearing to actually get it set aside. Time is of the essence if you want to beat the 28 days of course.

You mean the application N244..which can take up to 3 weeks for MCOL to process and then transfer to your own local county court which again can take another 3/4 weeks to issue the Order and Notice of Hearing/ directions.

Interesting numnumnum

You mean the application N244..which can take up to 3 weeks for MCOL to process and then transfer to your own local county court which again can take another 3/4 weeks to issue the Order and Notice of Hearing/ directions.

 

Interesting numnumnum

Yes, it can take time. I've seen a default judgement set aside within 20 days of the judgement - took some effort asking mcol staff to transfer ASAP and sweet talking local court staff to do their best with the court's diary.

Not saying it is easy and certainly not guaranteed but it can be done.

If you're paying £255 to try for a set aside, might as well try to get it done as quickly as possible and avoid the hassle of CRAs getting the ccj on their books - especially if you're thinking of applying for any kind of finance in the next few months.

What if the set a side application fails after all that rushing to beat the payment date and stop it going on your credit files and paying out £255 numnumnum ?