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#Post#: 44001--------------------------------------------------
Re: CCJ awarded against me by default-
DIR By: pirell
Date: November 4, 2024, 4:57 pm
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i sent the AOS by email, on the 4th of September, i sent it just
a few days after receiving it knowing i was travelling. i will
call them tomorrow to get the issue date.
i was sent a big pack and once i responded i believe i discarded
it. silly of me.
#Post#: 44004--------------------------------------------------
Re: CCJ awarded against me by default-
DIR By: pirell
Date: November 4, 2024, 5:35 pm
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--- Quote ---
> 3. Application Fee and Potential Outcomes[/b]
>
> • The set aside application fee is £303 (N244 form), but if
successful, you can request reimbursement from the claimant.
>
> • If the court grants the set aside, it will cancel the
default judgement, and you will be allowed to defend the case
from the beginning if the judge does not strike out the claim
for the usual CPR 16.4 failures.
>
> Given the details you’ve provided, emphasising that your
misunderstanding was genuine, combined with a strong prospect of
defending the claim, should bolster your case under CPR 13.3.
>
--- End Quote ---
Thinking about this option and im really concerned that if i pay
the £303 set aside fee and the case is thrown out, that i will
then still be liable for the £386 CCJ. Which would really put me
out of pocket.
If i were to pay the £386 can i get the CCJ removed from my
credit file or does it still have a major impact, if anyone
knows please.
#Post#: 44067--------------------------------------------------
Re: CCJ awarded against me by default-
DIR By: b789
Date: November 5, 2024, 7:04 am
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If the claim is thrown out, that is the end of the matter. They
throw it out because of failures by the claimant to follow the
correct procedures.
#Post#: 44846--------------------------------------------------
Re: CCJ awarded against me by default-
DIR By: pirell
Date: November 9, 2024, 7:38 pm
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hello, i am posting this up again, i now see the error i made
and seek your advice.
I was asked for the issue date, and it is the 28th of August.
This Parking charge is dating back to 2020 for an offence that
did not happen, as there was terrible or no signage. I have
looked using google maps and i paid the money for the mall.
Nonetheless,
this is case that i posted before i went on holiday on this
forum and was kindly given advice on here by B789.
HTML https://www.ftla.uk/private-parking-tickets/euro-car-parks-county-court-no-permit-the-willows-centre-main/msg35710/#msg35710
[img]
HTML https://ibb.co/yPz1cnw[/img]
I will like to file a review of the case, or is this not
practical at this stage because i did not follow the right
procedure to file a defence?
[attachment deleted by admin]
#Post#: 44855--------------------------------------------------
Re: CCJ awarded against me by default-
DIR By: b789
Date: November 10, 2024, 2:33 am
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In order to. E able to assist you, we need a clear timeline of
the following events…
1. The date you submitted the AoS.
2. The date you left to go on vacation that can be evidenced by
something such as an airline ticket/receipt/itenerary.
3. The date you arrived back at your residence, preferably
evidenced by the ticket/receipt/itinerary referenced in #2
above.
So as we don’t have to go back through the thread searching for
it, all the relevant dates in chronological order. Dates of PCN,
Claim issue, AoS submission, notification/discovery of CCJ.
#Post#: 44919--------------------------------------------------
Re: CCJ awarded against me by default-
DIR By: pirell
Date: November 10, 2024, 11:21 am
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--- Quote from: b789 link ---
>
> In order to. E able to assist you, we need a clear timeline of
the following events…
>
> 1. The date you submitted the AoS.
> 2. The date you left to go on vacation that can be evidenced
by something such as an airline ticket/receipt/itenerary.
> 3. The date you arrived back at your residence, preferably
evidenced by the ticket/receipt/itinerary referenced in #2
above.
>
> So as we don’t have to go back through the thread searching
for it, all the relevant dates in chronological order. Dates of
PCN, Claim issue, AoS submission, notification/discovery of CCJ.
>
--- End Quote ---
The date you submitted the AoS - 4th September
2. The date you left to go on vacation 5th September / Yes i
have documentary evidence.
3. The date you arrived back at your residence, 23rd September.
(also have evidence on ticket)
Date of PCN 29/10/2020
claim issue - 28/08/2024
#Post#: 44977--------------------------------------------------
Re: CCJ awarded against me by default-
DIR By: b789
Date: November 10, 2024, 6:54 pm
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So, you arrived back on 23rd September but your defence deadline
was not until the 30th September. Then, the claimant left it for
nearly another month before requesting the CCJ in default on
24th October
You have a couple of choices. Pay £303 and try and persuade the
court that you screwed up bit should be allowed to defend the
original claim. Or, just pay the CCJ amount in full and be done
with it as it will not be on your record as long as it is paid
in full by the 20th November.
Unless you’re able to get help with the fees, in which case the
first option is the way to go.
#Post#: 45010--------------------------------------------------
Re: CCJ awarded against me by default-
DIR By: pirell
Date: November 11, 2024, 6:41 am
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thanks alot for the advice. i will most likely just pay the CCJ
so its not on my record. They got away with this one, and ill
take the L. i have another case with TFL that i would rather
send an N244 form for.
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