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Backdoor CCJ OPS/DCB(L) 2017 Windscreen PCN - got set aside - awaiting hearing date- Outside lines - Vantage point , brighton ***Claim Dismissed***


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I would also request a coy of the Judgment if you don't already have that also ?  Contact MCOL Northampton...details on the claim form.

 

Andy

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Also as for POC perhaps?

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Quote

sent to my old address which was unoccupied,  was a county claim form which went to court in my absence and then a CCJ was issued.  (I found out two month later when my landlord forwarded me the mail) 

 

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dx, Andy, BN, do you think the drafted letter in post 26 is a good idea?

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Worth a try...the only benefit of gaining the claimants consent is that they wont challenge the application and it can be made without a hearing by submitting an agreed Consent Order...

 

Andy

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OK, send the letter I suggested off then tomorrow.  You might as well get a free Certificate of Posting from the post office.

 

The idea is to show the fleecers that you intend to fight this, and there will be costs involved, so it's in their interests too to keep costs down.  I doubt they'll accept but you have nothing to lose.  Nothing ventured ...

 

Send a copy of one of the photos with your letter so they see their case is pants and you can prove it.

 

Whatever you do, do not pay the CCJ.  As dx wrote in post 23, if you pay it the CCJ will still be there on your credit file for six years.  

 

 

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If they agree they may ask you foot the consent order fee which is currently around £100...still cheaper than a normal hearing fee of £255.

Application fee with consent without notice is £100.

 

You will have to negotiate who pays what ?

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Hopefully they will bite, as they might not want to lose if setaside and they get tolchocked on their claim.

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  • 2 weeks later...

Hello sorry for being quiet. I contacted and chased to get the response of we wouldn't do that.

I have paid myself to set the judgement aside , got a date in Brighton for end of the month! 🙏

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OK, well done.  As explained in post 21, the hearing should only last a few minutes and you have a 99% chance of success.

 

Just make sure you prepare well.  Have (a) proof of you living at the three addresses, and (b) be able to answer when the judge asks how you intend to defend the claim (you paid, you didn't break the terms of the contract, they say you failed to park in a marked bay but there were no marked bays and you have the photos to prove it ... plus anything else you can think of).

 

Please let us know how the hearing goes.

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  • 4 weeks later...

hello all, 

just to update you and thank you for your help.

The judge agreed to set the judgement aside, but not for any of my personal circumstances, they were irrelevant. She said she was setting it aside as i had a defence to make , so i have now filed my defense and wait ! 🙏

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Great now use this thread to go through what they used to get the judgment and the team can advise best way to pitch the defence.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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What did you file? could you post it up here please

 

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hello,

 

this is what was filed. 

page 3,4 refered to in evidence is all on page 5 here 

 

i hope i senrt to the right place.. the set aside was done in brighton court and i emailed them the documents as well as the original court

 

 

docs1.pdf

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Well done on the set aside.

 

However, what you have written in "Supporting Evidence" is wrong, wrong and wrong again - but certainly not fatal.

 

Can you please clarify who you sent it to and what was the purpose of the document.

 

Have you read other threads here?  I suspect not and that is the cause of these basic mistakes. 

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they knew you were a mug from the day you sent that appeal.

you repeatedly called it a fine..

 

we need to counter that.

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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If it had been a criminal FINE rather than a Civil Invoice and CCJ, Marston's finest would have knocked on your door adding £75 for a letter then £310 for visit fee with no recourse but to pay or your car clamped etc.  You haven't put FINE in any submission for defence?

 

The differences must be clarified these are Invoices, founded under Civil Contract Law, not a Criminal Fine. Different Court altogether.

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I would have thought that you would have received their WS from the Court case to see what they had claimed in the way of your alleged breach of their Terms and how they arrived at the amount you owed them. If you haven't got them please get on to  OPS . If you have got them please post them here so they can be ripped apart.  At the moment you are going off half cock  and you do need to slow down a bit and get advice before writing to the Court. 

 

On the face of it, you have right on your side but you only have two things in your favour.

One is that you have paid and

two their markings are poor to non existent. 

 

We have not seen your original PCN to see if the NTK complied with PoFA nor do we know if they had planning permission and if they had a valid contract with the Land owner. We do know that the maximum they should charge was the amount on the PCN but we don't know that. Your case would be a lot stronger if we had those facts.

 

As it is there is a chance that you could lose this case because you have not devoted the time necessary to defend yourself. At least you have wiped the CCJ but you do not need to incur another one.

 

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LFI took the words out of my mouth.  Prepare properly and you can wipe the floor with OPS here.  But get it wrong and it'll be CCJ time again.  Will you please answer the questions and points raised from post 49 onwards.

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easy done

was there a date set for a future hearing?

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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The regulars here are always available to have a look at correspondence you propose to send or documentation you are about to file.  It would have been much better to have posted up your defence before sending it.

 

Caggers are also supposed to read threads similar to their own to educate themselves about the legal process and the best tactics to use.  If you had done so you would have seen the best defence is very short & generic.  Grossly simplifying

   - the Claimant files a brief Particulars of Claim

   - the Defendant files a brief defence (tactically if you file a long defence the fleecers will know what you are going to say and have months to make up lies to counter your defence.  For the same reason when you suggested a set aside by consent I said to send them one photo, not the whole shebang)

   - a fortnight before the court case both parties have to file a detailed Witness Statement.  That is the time to hit them with all your evidence, if possible after receiving theirs so you can rubbish it.

 

Please understand this is not a fine (BN's post 51).  Referring to "the fine" will just encourage the fleecers to pursue you thinking you don't know the law.

 

However, none of this is fatal.

 

Please post up anything the judge decided as dx says.

 

Also get yourself on MCOL and see the point your case is at.  Please do these things ASAP.

We could do with some help from you.

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