Setting aside a CCJ without attending court

FenderJay

Hi all,

I could do with some advice on this matter.

To summarise the story...

I got ticketed by Parkingeye for overstaying in one of their controlled carparks. They began sending payment requests and notifications but to the incorrect address. A year later on a routine credit check it brought up I had a CCJ. Parkingeye had taken the matter to court and a default judgement was passed against me. Fast forward to today and I've paid the outstanding amount to Parkingeye and started the N244 process with the courts to have the CCJ set aside (on the grounds I didn't have the opportunity to defend myself).

I've just received the Notice of Hearing Application and they've given me a court date I cannot attend. I'm attending a training course that same day which my company has paid several thousands of pounds for me to be on and there's no way to rearrange or postpone it. If I could then I would.

I've spoken with the courts who've told me I will need to pay £100 to rearrange the date.

Does anyone know either:
1. How to get the date rearranged without it costing £100
2. How to set the CCJ aside without needing me to attend (if the other side concede for example?)

Many thanks in advance

Jay

sourcrates

Hi,

You must go by what the courts tell you unfortunately.

But I'm sorry to say, I doubt you have grounds now for set aside as you have admitted the debt by paying it.

All set aside does is put you back to the start of the court process, but as you've already paid it, there's no case to answer.

Is the court aware that you've paid it in full ?

fatbelly

I sort of agree with sourcrates.

From

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part13

the court may set aside where

(a) the defendant has a real prospect of successfully defending the claim; or

(b) it appears to the court that there is some other good reason why –

(i) the judgment should be set aside or varied; or

(ii) the defendant should be allowed to defend the claim.

As you've not disputed that you owed the money you are relying on (b)(i)

So you will have to show that the action was taken at an address they knew was wrong and was therefore not the 'last known address' (it can't have been that wrong or it would not show on your credit file)

Your best shot is as you suggest - to get PE to agree in writing not to oppose the application and submit that to the court.

EssexHebridean

fatbelly wrote: »

I sort of agree with sourcrates.

From

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part13

the court may set aside where

(a) the defendant has a real prospect of successfully defending the claim; or

(b) it appears to the court that there is some other good reason why –

(i) the judgment should be set aside or varied; or

(ii) the defendant should be allowed to defend the claim.

As you've not disputed that you owed the money you are relying on (b)(i)

So you will have to show that the action was taken at an address they knew was wrong and was therefore not the 'last known address' (it can't have been that wrong or it would not show on your credit file)

Your best shot is as you suggest - to get PE to agree in writing not to oppose the application and submit that to the court.

Would the address they have used not have been the address the vehicle was registered at? (Genuine question)

FenderJay

Thanks everyone for the replies

At this stage it's not the parking fine that I'm worried about. It's the fact the CCJ is on my credit score and I'm trying to get a mortgage in the next 12 months and it's now showing up on credit checks.

I never received any notification of the parking fine or the court papers as they were being sent to the incorrect address. I moved in the time between the incident occured and the first fine was sent out. ParkingEye must have checked my address at the time the incident occured but they waited 2 week to send the letter out, by which time I had moved. They didn't check to see my new address as it had been changed on the vehicle registry.

I paid the outstanding amount as I followed advice on a CCJ debt website which stated that a judgement cannot be set aside until outstanding amount is cleared. If that's put me in a weaker position then I'm really disappointed as the fine had run up to £200+ with all the late fees and crap they add on.

The worst part is that it was a McDonald's carpark that it happened in and I was in the store at the time grabbing lunch. McDonald's told me that they would've overturned any fine as I was a paying customer, but ParkingEye said that the 'appeals process time limit' had passed. They're a real scumbag company.

MrsTinks

I appreciate that it's not very helpful for you but others reading this - it's not cheap I know but I would always recommend getting post forwarded either by the new occupier if you trust them or ideally by Royal Mails forwarding service when you move. Honestly it can save so much hassle for things like this

Yes most of the time if you were a paying customer then the company who leases the carpark or owns it will over turn it if you are a customer - I've had a few run ins with parking eye at my vets as they share a carpark with FarmFoods - My cats have been in for a couple of longer sessions a few years back so I just hung out at the surgery (I do know the vet, it's not like it's a social spot round here LOL) and first time I didn't think of it but when the "you've over stayed" notice arrived I just got them to over turn it. Second time I asked the reception to make sure parking eye knew I was allowed to stay over the normal time. I think I'm now on the exception list at that location as it was easier for them and I do pop in from time to time. Point being that yes they will overturn it - assuming you were aware of the issue which I appreciate you were not.

The CCJ - not my specialty to the same level as other posters so I shall defer to their knowledge - but if you are about to apply for a mortgage I would have to say that defending it as far as you can would be the course I would follow too.

fatbelly

JayAshcroft wrote: »

I paid the outstanding amount as I followed advice on a CCJ debt website which stated that a judgement cannot be set aside until outstanding amount is cleared. If that's put me in a weaker position then I'm really disappointed as the fine had run up to £200+ with all the late fees and crap they add on..

That info is wrong. Can you post a link?

JayAshcroft wrote: »

ParkingEye said that the 'appeals process time limit' had passed. They're a real scumbag company.

You're correct on that one.

sourcrates

JayAshcroft wrote: »

I paid the outstanding amount as I followed advice on a CCJ debt website which stated that a judgement cannot be set aside until outstanding amount is cleared. If that's put me in a weaker position then I'm really disappointed as the fine had run up to £200+ with all the late fees and crap they add on.

.

Thats totally incorrect.

We always try to get it right at MSE.

But If in doubt, always check another reputable site such as Nation Debt-line or Legal Beagles.

There are too many sites where peoples opinion is mistaken for advice.

MrsTinks

sourcrates wrote: »

There are too many sites where peoples opinion is mistaken for advice.

Well... where advice is taken for knowledge and fact

I'm happy to admit when I'm wrong but it's not a trait shared by everyone - and on other sites people may not be as keen to admit that or allow people to question the facts as given

I too would be interested in seeing that link though