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JimLawyer
JimLawyer, Solicitor
Category: Law
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Experience:  Senior Associate Solicitor
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Civil enforcement limited parking fine at KFC,colarado way,

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Civil enforcement limited parking fine at KFC,colarado way, Castleford only received 1 letter which is finalreminder says ccj already issued,but want £218 to settle the judgment
JA: Where is this? And when did the issue begin?
Customer: Pcn says12/10/2018 done by anpr glasshouhoughton,Castleford
JA: Do you need to appear in court?
Customer: Not yet no papers for court
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Had pcn for same address in 2019 which was paid in full

Hi, this is Jim, thank you very much for the question - I will resolve this for you today.

You had no notice of the CCJ or any demands, so you have grounds to set the CCJ aside in my view. For as long as the CCJ is in place, and remains unpaid then the claimant can enforce with bailiffs. It also stays on your credit record for up to 6 years.

As such it either needs to be set aside or paid off (or the claimant accepts an installment plan – if this is the case then form N245 needs to be filed with the court).

To set aside the CCJ you need the N244 form and a witness statement with a draft order. The N244 form can also be found here:

https://www.gov.uk/government/publications/form-n244-application-notice

I attach copies of those which you can tailor to your specific case. With the witness statement, if you want to refer to any evidence such as email correspondence, letters and so on, you can do that and attach them to the statement.

To fill out the N244 form, it should be as follows :

Q1: your name, Q2: defendant, Q3: an order that the CCJ dated......is set aside because (insert a brief reason why). Q4: yes, Q5: at a hearing, Q6: 45 mins, Q7: N/A, Q8: district judge, Q9: Claimant, Q10: the attached witness statement, Q11: sign/date/insert your details.

You will need 3 copies of the bundle (N244, statement, draft order) and a covering letter to the court with a fee of £255 payable to HMCTS. If you are on low income or have low savings (or in receipt of benefits) you can ask the court for a fee exemption – you can check your eligibilty here:

http://www.gov.uk/get-help-with-court-fees

You can specify a telephone hearing and you ask the judge for an order that the CCJ is set aside. Assuming they agree to that, it comes off the credit record and you will be allowed to either defend the claim if the debt is disputed or alternatively pay what you owe and there would be no mark on the credit record.

If you have not received any court details (you need the claim number for the purpose of the N244) then you can check the CCJ details at http://www.trustonline.org.uk )

If you want to do the application and send me a copy to check, I would be happy to do that. Bear in mind the court expects these applications to be made promptly.

I hope this helps - please feel free to ask me anything else.

Have a good day,
Jim

Hi there, I’m just checking to see if the answer helped or if you need me to cover anything else?. Many thanks.

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