Advice on ccj please

confused_and_stressed

I have been remortgaging and was advised to use experian (which I have never used before) and was shocked to find a ccj of £256 against my name. I would very much appreciate some advice on what I should do next.
The ccj was issued Sept 2016 and sent to an address that I had moved from 18 months ago. It was for a parking fine (think it was a pay and display) that I was not aware of and the fine had been issued in Feb 2016 and sent to my old address. Had it not been for me checking on experian I would never have known about it.
I don't know where I stand in disputing this and how/if I can get the ccj taken off as I was never aware of the fine and there's no way I would not have paid it had I known about it. I had updated all I thought needed updating with my new address as soon as I moved in (5 months before alleged parking offence) including the DVLA. I naively thought by updating them any car issues would be tracked back to me. If I can't have it removed then what difference would it make if I now pay it or not??
This whole thing is really stressing me out!!!

[Deleted User]

A settled CCJ would look better than unsettled. But there don't appear to be any grounds to dispute it - unless you believe it does not relate to you at all.

Check your other files as well, inc case there is anything else you've overlooked that needs sorting.

waamo

Try asking here http://forums.moneysavingexpert.com/forumdisplay.php?f=163

Read the FAQ first. There is a section on ccjs.

matttye

See CPR r13.3:

"13.3
(1) In any other case, the court may set aside(GL) or vary a judgment entered under Part 12 if –
(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"

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

If you're defending the claim (i.e. disputing liability for the parking ticket) then you should be able to get it set aside. There would be no reason to set it aside if you're admitting liability.

waamo

Some parking companies will agree to a set aside providing they get paid. Instead of £255 it costs £100.

This is a good option if you don't dispute it and are willing to pay.

confused_and_stressed

Thank you all for your responses.
I would like to apply to get this ccj set aside. I didn't know about the parking ticket in the first place and all correspondence had been sent to an address that I had moved out from 5 months before the fine was issued. Is that right that some parking companies can set aside a ccj? I thought only the issuing court and judge could remove a ccj after formal application? I'm not sure I can dispute the fine as I don't even remember what i was doing that day 14 months ago(?!!)

waamo

A parking company cannot set it aside. What they do is inform the court the set aside is uncontested and they consent to it. The court then sets it aside.

You really need to post on the parking fines forum here http://forums.moneysavingexpert.com/forumdisplay.php?f=163

This issue crops up regularly there.

Coupon-mad

confused_and_stressed wrote: »

Thank you all for your responses.
I would like to apply to get this ccj set aside. I didn't know about the parking ticket in the first place and all correspondence had been sent to an address that I had moved out from 5 months before the fine was issued. Is that right that some parking companies can set aside a ccj?

I thought only the issuing court and judge could remove a ccj after formal application? I'm not sure I can dispute the fine as I don't even remember what i was doing that day 14 months ago(?!!)

Same advice as on dozens of similar threads:

https://forums.moneysavingexpert.com/discussion/5625698

Read all the advice & links there to save us repeating them, then ask any questions unresolved. Everyone can dispute the parking charge and (like you) most with a CCJ to set aside have NO IDEA what it was about as this is so common, but look at the successes reported in the links on that thread. You will find out more by asking for info at the set aside hearing and by writing a witness statement like in saggi's case, to convince the Judge you have been wronged.

include in your court bundle (along with your defence) the two links showing the Government is concerned about private parking firms conduct and their credit clamping.

Post #2 of the NEWBIES thread deals with court defences and CCJ sets asides, as well. Read it. YOU CAN DO THIS.

HTH