CCJ Defense deadline missed

Redx

1) its not a "summons" , its a CCJ from an MCOL

2) if its under £600 in total owed, it wont be going to the High Court

[Deleted User]

You could take the following steps, but it's messy and time consuming....

1. Pay up promptly to ensure my credit rating wasn't affected (and you don't have long);
2. Get the PPC to confirm in writing that they will not rescind the PCN because the issue lies with Parkonomy;
3. Invite Parkonomy to reimburse you;
4. If Parkonomy do not reimburse you, write a letter of claim;
5. Issue proceedings against Parkonomy on the basis that the PCN is not being withdrawn (see step 2) and rely upon CPR 14.1A (Pre-action admissions) namely, that there was an error in the machine and that had that error not occurred, the PCN would not have issued a ticket and judgment would not have been secured.

Do bear in mind that you are unlikely to recover the "uplifts" via this process. Parkonomy would be able to argue that (i) if you paid the ticket promptly their liability would be rather lower than the full amount of the CCJ and (ii) that Court costs have arisen as a result of your negligence in your dealings with the Court.

An alternative would be to apply to the Court for a set aside, which you may well get. However, you almost certainly won't get the £255 court fee back (it's your error) and you'd have to get the credit record cleaned up afterwards. Issuing a fresh claim would be cheaper, subject to my comments as to the uplifts above in relation to the likely defence.