Can I appeal my CCJ

Louise_blja

Hi just wondered if anybody can shed some advice.

Long story short I have just found out I have a CCJ against my name from an unpaid parking charge on a retail park I work at. I found out from being refused credit which made me check my credit score which was always excellent and is now poor.

The signs are unclear it says I can only park at zones 123 or 4 as I am staff... but the zones are displayed up alphabetically and not numbered so I felt it was unclear... this charge was issued over a year ago when the rules changed for staff and I didn't know where to park... I now know but at the time I didn't. I have had other parking ticket from them too but they have disappeared.

Myself and the rest of our store all got ticket and we all ignored them (as a lot of forums state to do so and I would have happily gone to court to dispute although I didn't think it would go that far) mine is the only one that seems to have slipped through the net.

They sent me 2 letters from debt agencies last year which I ignored. my details were retrieved from dvla and are all up to date however as it appears they began sending letters from solicitor to my old address where my parents live because they said they believed it was my most recent address although all of my car details and electrical role are at my current address so this is untrue and don't know why they never sent me any to my right address. My parents didn't tell me about the letters as they didn't think they could pursue the fine as they had the wrong details and I knew nothing about it until now.

From doing my own research it appears I have 2 finance still registered and my parents address (one is old I haven't used but the other is continuous from when I lived there) and the remaining 9 are to my current address. This is the only assumption I can think of where they have got my old address but I feel is clear it is an old address. My dad had wrote and called them twice to advise I didn't live there and they ignored his response.

I never knew about the court summons and they have favoured the parking ticket against me
So I have been issues with a CCJ. I want to appeal to remove the CCJ I have never been in debt my credit was always excellent and I feel as though surely they have the wrong details so how can that be allowed plus the signage was very unclear. But wanted a little advice before I do so

The cost to appeal is 255 and the CCJ is 285. If I loose I will pay both, if I win I pay the appeal.

The cost isn't an issue it's the CCJ against my name for 6 yeArs

Thanks in advance

safarmuk

When did the case against you go to the Small Claims Court and when was the default judgement against you made? You are on the clock a little bit now.

You can go for a set aside but you would need good grounds to do it on, here are two links where people are/have gone through this for some initial reading.

https://forums.moneysavingexpert.com/discussion/5603767
https://forums.moneysavingexpert.com/discussion/5585047

pappa_golf

the parking co are obliged to use the address given by the DVLA , NOT guess a new address , if you can prove that your V5 was shown as your home address around the time of the incident , this will go along way to getting a set aside , you will have to do other things as well

Redx

I think you have to pay for both items if going for a set aside

plus you need good reasons to convince a judge why a set aside should be granted

you may or may not get the £255 back, depends what the judge says

if it is granted, you still have to defend the original case too

ps:- there was never any court SUMMONS, there was an MCOL, totally different

you made that S word up yourself

Louise_blja

Thanks guys. It was issues on 22nd December 2016 (2.5 months ago)

safarmuk

Thanks guys. It was issues on 22nd December 2016 (2.5 months ago)

Someone might correct me but you normally only get 30 days to pay when you lose (in your case by default) in the SCC. I am surprised no one has tried to enforce this yet.

Also I believe that it is too late to now pay this and clean your record so if you want it removed you are indeed going to have to try for a set aside and to get that you need to build a case and convince a judge to do so.

Louise_blja

Yes that's correct

It's now been transferred to the debt collectors apparently, butI have had no correspondence to give me the chance to pay it.

So I am applying for it to be set aside and have called them to inform of what I'm doing and if i don't win will pay

Nightmare. Thank you

safarmuk

You might want to check nothing or no one has yet come knocking at your parents door from what I read above!

However, the two links I posted earlier are good examples of other people going / gone through set asides (I think there are a few others here as well). If you want someone to review your set aside application you can post a redacted version here and someone should give some advice and help if you need it.

When you have time you might also want to write to your local MP about this and ask him to bring this to the attention of others who are looking at this - default CCJs due to the claimant using the wrong address are not acceptable. I think there is some consultation or discussion about this either currently or in the pipeline.

Coupon-mad

Louise_blja wrote: »

Yes that's correct

It's now been transferred to the debt collectors apparently, butI have had no correspondence to give me the chance to pay it.

So I am applying for it to be set aside and have called them to inform of what I'm doing and if i don't win will pay.

OK so now show us how you are intending to answer the N244 (with witness statement, please show us) or read this, courtesy of the Parking Prankster's version:


Once a CCJ is confirmed, here is some generic info on removing it (will need adapting to the case). If you pay up, the CCJ still stays on your record for 6 years, making it difficult to get mortgages etc.

To get the CCJ removed you need to pay £255 for a set-aside hearing.

To win this you need to have:
1) a reason why you failed to defend the case (not receiving post or moving house is good enough) AND
2) a reason why you would win a rehearing

If you win the set aside, ask for your £255 back, either immediately or held over until the final hearing.

The process is documented here:

https://www.gov.uk/county-court-judgments-ccj-for-debt/if-you-dont-owe-the-money


==
Here is an example on how to fill in the N244 form

Top box

In the: Court name from particulars of claim (Usually Northampton)
Claim No: the claim number
Claimants name (parking company) + reference from particulars of claim
Defendants name: your name
Date: todays date

1. Your name again
2. Defendant
3. Set-aside of claim followed by dismissal of claim.
4. Yes
5. At a hearing
6. 30 minutes. Not agreed
7. Empty
8. DDJ
9. The claimant
9a Their address
10. The attached witness statement.
11. Dont forget to sign and date

Fill in your name and address.

You will need a witness statement to attach as well, and have an interim defence ready to explain why you have good prospects of successfully defending this.