OBS PCN CCJ/Judgement - set aside now rehearing

[brassnecked]

For clarity the claimform and Judgment were sent to your correct address as per DVLA, but you were at another address due to caring commitment and lockdown?

[brassnecked]

What DX is saying is it isn't a Fine, its Civil not Criminal, only magistrates can Fine you,

it was a ccj for failing to pay an invoice, raised because they reckon by parking you have entered into a Contract with them,

you didn't pay so they sued you in County Court and as you hadn't had the claimform to defend they have obtained a Judgment in Default that gave you a month to pay the sum demanded., or it would be registered and trash your Credit Files for 6 years. 

 

As far as the court is concerned 6 days late = tough its there for 6 years.

Need to look at a defence to back the Set Aside its only way to get rid. 

The Team will help all they can but you will have some legwork to do as well. 

CAG is Self Help as well.

[brassnecked]

I'm sure others will post on your thread soon,

if you were the keeper no need to name the driver in any set aside,

 

also if claim was as Keeper/Driver, can't be both "D is liable as the driver or keeper" that part of POC is naughty 

 

your partner binned all the other correspondence,

might be time for a SAR to OBS 

 

Also if Keeper anything over and above the Original Parking Charge under the recent Judgment at Lewes CC can be challenged.

 

Read up on a few threads and you will get the idea while you wait for others to contribute.

[brassnecked]

Yes might be worth looking at how the claim was made up and   look at why if you had defended they would lose, Get that SAR off to the parking cowboy,  Don't think that shower would agree to a set aside by consent, but St Aside is only way to get rid of CCJ, and if it was a RobOclaim on a dodgy POC  amndyou had a more than evens chance of defending might get the Sta Aside cost back as well.  hopefully ericsbrother and others will stop by soon with their thoughts.

[brassnecked]

The original Invoice was August 2015,, did you live at same address then?

[brassnecked]

 And you have always kept your details up to date with DVLA?  important is their claim was pants and they therefore wrongly obtained your details from DVLA.

[brassnecked]

The Court guy was probably wanting you to pay the Judgment amount rather than undestanding you want to challenge and set aside the judgment, that would kill it but paying him would keep it on your record for 6 years. No mitigations for that time limit on Forthwith Default Judgment.

[brassnecked]

If DCBL don't agree you can then go to a plan B but it will cost £255  not sure if there is a low income/benefits cost remission for set aside. but might be worth looking at this for reference in case you qualify

 

 

[brassnecked]

They have to comply with POFA to ground Keeper Liability, we don't have sight of the NTK or subsequent correspondence to see if they complied, but any Unicorn food tax added falls foul of the recent judgment in Lewes.

[brassnecked]

POFA is Protection of Freedom ACT, they have to jump through several hoops to make a Keeper liable for their Invoice, they generally get it wrong and don't ground Liability, they then try to use  a couple of old discredited chestnuts like Elliott V Loake and AJH films neither of which apply.  Unicorn Feed Tax is the nickname of Collection and other fees they add to bump up the total, so say £100 for the Invoice, and £60 for DCA, the £60 can only be applied to driver NOT keeper.

[brassnecked]

So get that N244 in asap, and just let the team have alook at what reason you give they are likely to lose if you defend, 

[brassnecked]

Definitely nothing to lose filling in the EX 160 and everything to gain.

[brassnecked]

As per Andyorch, they are being very naughty, they have no right to your money they will take the cash and leave tyour Credirt record wrecked for 6 years. Under NO Circumstances pay DCBL a bean. Do the N244 its only way.

[brassnecked]

Oops yes Credirt as it will be that while CCJ is on there.

[brassnecked]

If you fall for DCBLs plan you will be stuck with the CCJ. so do the setaside and they can Foxtrot oscar

[brassnecked]

You pay there is danger of the court deeming it Credit Cleansing

[brassnecked]

Wakey wakey do as DX suggests,  do it now not tomorrow not next week, but right now.  DCBL are rentathreats, get at the parking Co.

[brassnecked]

They must be adding fees  is there a breakdown on that letter?   Wonder if they will try to inflate it to the magic £600?  They can't add anything to the judgment amount

[brassnecked]

Exactly they are hoping to make a naughty few extra quid for themselves, the judgment amount is what the court asked for.

[brassnecked]

No don't fall for that one they are getting you to pay the judgment which wa out of time to pay and not be Registered as you missed deadline of 28 days, the £100 might be seen by court as Credit Cleansing so  they get the brass and your credit still trashed.  Get the Set aside running awayfrom DCBL, they are NOT your friend in any way.

 

Just see what DX comes back with but Applying to court for Set Aside is only way to kill the judgment DCBL are being toothless bullies at the momenmt.

[brassnecked]

Ignore DCBL, they are not part of any solution, in fact dealing with them will be harmful to your case.

[brassnecked]

They cannot add anything to the Judgment as they are not bailiffs, but wonder if they are trying to artificially inflate so they can try to get a High Court enforcement running, they are dodgy, see what others think, but for Set Aside you just need something to sghow you have a chance of defending the original claim, which due to circumstances you never received.

[brassnecked]

That should nail the setaside, and see OBS off with other factors tha can be added if they try again.

[brassnecked]

Yes that covers the non receipt of Claimform adequately.

[brassnecked]

DCBL added the £90 after Judgment, and it was passed to them, they can't they could not have been acting as Bailiff or HCEO, so can add diddly squat to the judgment amount.  Wait for the others opinion, but I would mention the £90 addition at some point, just see what the other team members say.