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John
John, Solicitor
Category: Traffic Law
Satisfied Customers: 2490
Experience:  10 years legal experience
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Can you please help? I have 2 'Notice of intended

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Hi, Can you please help? I have 2 'Notice of intended enforcement action of an unpaid ccj' .
JA: Where are you? It matters because laws vary by location.
Customer: I live in West Sussex. For most of the last 2 years I have been staying at Mum's in Birmingham. But home is in West Sussex.
JA: What steps have you taken so far?
Customer: none. It is for parking. But from about 5 years ago.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: The CCJ letter x 2 were sent to me in April 2022. I hadn't been home for ages,. I work away a lot.

Hello, how are you? Welcome to JustAnswer. My name is***** am a solicitor and I will be assisting you today. Please note there may be delays in responding as I am away helping other customers but I will get back to you as soon as I can. I may also need to ask you some clarifying questions to determine the legal position.

Thanks for your message, were you aware of the parking charges before?

Customer: replied 5 days ago.
No. I became aware today.
Customer: replied 5 days ago.
Thank you John for helping me.

Ok thanks. So for clarity, 5 years ago when the fines were presumably incurred you never received any notification?

Customer: replied 5 days ago.
Ah! Back then
I don’t know. I believe I paid back then, I always do. But I cannot say for certain as the initial letter does not state where and when. It’s from DCBL
Customer: replied 5 days ago.
I mean the letter does not state where I was parked and when.
Customer: replied 5 days ago.
I just noticed date of County Court judgement 04/01/2019
and the other 09/05/2019
I would have dealt with it then.

Ok thank you. You will need to decide how you wish to proceed with this. As you know a CCJ stays for 6 years but you can make an application to set it aside if you wish, but to do so you will need a valid reason for your set aside to be granted

Customer: replied 5 days ago.
I travel around the uk with my job. That’s how this was over-looked.
DCBL surely can’t take me to court without telling me when and where I was parked. Which I’m sure was initially paid.

I understand. You will need to make an application to set it aside if that is the case. Are you familiar with this or should I provide you with the steps to take?

Customer: replied 5 days ago.
I haven’t done it before. Last time I paid them ( over a year ago) I was scared.
Customer: replied 5 days ago.
Will it go to court? If so I’ll have to prove my stays in hotels. Which is fine. But on days off and whenBirmingham was closer ( which is the case most of the time) I stayed at Mom’s in Birmingham.

Ok well a CCJ means you did not reply to an original claim form. From what you have said, this is because of you not being at home for ages. To prevent this in future it is always a good idea to update your address at the DVLA or have any letters forwarded to an address you can access.

So now you will need to "set aside the CCJ". When a CCJ is set aside, it is removed from your credit history.

Setting aside a court judgment is usually only possible if you have a good reason. There’s a fee to set aside a CCJ, and if you apply without a good reason you may end up out of pocket. Setting aside a CCJ cancels the judgment. This doesn’t mean the debt disappears or that court action automatically stops. 

If the judgment is set aside, you and the creditor are put back in the position you were both in immediately before the judgment. This means if you have an argument or ‘defence’ against the judgment which you didn’t get a chance to raise when the claim was first issued, you have a second chance to do this.

You will need to complete form N244, https://www.gov.uk/government/publications/form-n244-application-notice explaining why the CCJ should be set aside and return it to the court. There’s a fee of £275 to pay.

You may be able to get a CCJ set aside if the original judgment was made without your response being taken into account. This could happen if the claim form was sent to an old address or if you don’t owe the money: You think the debt had already been paid in full before the judgment was raised.

It is important that you ask for any enforcement action to be stopped or ‘stayed’ until your application is heard. You should include this request on the N244 application form when you apply for the judgment to be set aside.

I hope this helps. Thank you again for visiting JustAnswer, please let me know if you need me to clarify anything or if you have any additional questions. I am happy to help.

Hello, just following up on this to ensure you're satisfied with what you need to do. Please let me know if you need me to clarify anything or if you have any additional questions. I am happy to help. All the best, John.

John and other Traffic Law Specialists are ready to help you
Customer: replied 5 days ago.
John, How could I prove I had paid that fine 5 years when dcbl haven’t stated where and when on any of their letters? Wouldn’t I lose without proving it? I always take down a reference number after having had made a payment over the phone for a pcn/ dartford crossings etc. I would have binned ( in the recycling) those letters.

Proof of payment can be shown by bank transactions, as these payments are rarely made by cash, and is something you will need to get from your bank to show the payment. You can also note on your application that you request for them to state "where and when".

Customer: replied 5 days ago.
Okay. If I pay the 2 ccj’s
Can I do it bit by bit?

I do not see an issue with that, but that request must be agreed with your opponent and/or the court (should you make the application to set it aside) so ensure you note that down too.

Customer: replied 5 days ago.
Okay! Thank you John
One more question. I’ll ask DCBL for the ‘when and where’ before I ask the court for the ccj to be set aside. It was issued in April this year. I don’t think another week or 2 will make any difference. What do you think?

You are correct, if they already have judgement then more time will not effectively make any difference. I agree to contact them, find out further information first, because it'll only boost your application to set it aside.

Customer: replied 5 days ago.
Thank you John
I feel I owe you more money
Customer: replied 5 days ago.
Btw under client it says : Civil Enforcement Ltd
Does that mean anything?

Thank you, ***** ***** not owe me money as long as you are pleased with the service.

Civil Enforcement Ltd are members of the British Parking Association, in essence they are the parking company for whom DCBL work for.

Customer: replied 5 days ago.
Thank you John

I am glad I was able to help. Have a great day.

Customer: replied 4 days ago.
One more question
Should I write or send an email?
A letter is preferable due to the ability to do so by registered post but an email stuff suffices just ensure you have the correct email address
Customer: replied 4 days ago.
Okay. Letter it is.
Perfect. All the best to you.
Customer: replied 4 days ago.
John, if I did have the ccj set aside would I have to pay £275 twice? One each for both ccj’s.
Hello thanks for your patience. Yes each CCJ is a separate issue in itself so a fee will need to be paid for both.
Customer: replied 3 days ago.
If I’m not supposed to pay the fine initially. Will I get the fees reimbursed to me ? If I win.
the court commonly, and generally orders the losing party to pay the winning party's costs.