Help getting a ParkignEye CCJ set aside

drewbie1234 · 27 October 2019 at 5:55PM

Hello everyone,

I'm looking for a bit of advice on getting a CCJ set aside successfully either by myself or using a solicitor. I would be happy to pay solicitor fees if it improves my chances even slightly.

Case

The CCJ is for an amount of £197.00 issue by ParkingEye for an unpaid ticket for a parking event that took place on 10th December 2018.

I only became aware of the CCJ after signing up to experian and checking my file on 23rd September 2019 . Over the next few days I panicked and hastily payed the full amount on 26th September 2019, without using the repayment as leverage to get a consent to set aside letter. I again have proof of my experian account payment starting on date mentioned.

A biggest weakness in my case is that I am terrible at getting all my addresses changed over when I move and didn't get my licence changed well into 2019 and probably a lot of my other accounts (bank, phone etc).

The car I have sold and am about to send of ownership/address change documents.

Below are extracts from a recent email with PE from after paying the fine which explain how they tried to contact me ;

- In this instance, 4 letters were issued to the address provided by the DVLA but unfortunately, ParkingEye received no response.

- As no response was received to the letters issued, we also contacted you further at an alternative address provided to ParkingEye by a Credit Reference Agency. We also attached a copy of the original Parking Charge Notice to this letter and reiterated the opportunity to appeal.

- ParkingEye thereafter issued a county court claim on 15/04/2019 to recover the outstanding amount. However, as no defence was filed, nor was full payment received within the applicable time frame, the court granted a default judgment in ParkingEye’s favour.

I am now looking to get the judgement set aside on the grounds that I was completely unaware that there was case going against me and that when I found out, I payed it off immediately.

Note: I have had a CCJ in the past and have most definitely understand the negative effects they can have. Having finally cleared of my record a few years ago, I was looking forward to soon being able to get a mortgage and buy a house. Now I feel very deflated at the possibility of not being able to get a remotely reasonable offer or not at all.

Defence (help)

My Car and Driving Licence were registered to an address I moved out of in Aug 2018, several months before the ticket was issued - Not good, don't know dates I did change licence (2019 sometime)

However, the address on the CCJ record is form somewhere I lived over 3 years ago! Not sure how or why that happened!! They do mention that they sent letters to 2 addresses, one requested from the DVLA and one from a credit agency so I think they sent letters to a very old address and my previous address but obviously not my current.

The flat I left was owned by a friends mother and as such the only proof I have for me leaving is an email dated 17th August 2018 and quite informal, only mentioning that she has received my final payment and that it is for me to leave a few bits there for a while as long as I left her a bottle of wine for when she was passing through on 8th or 13th September. - She would also provide a witness statement if necessary

The new property I moved into also belonged to a friend and as such the tenancy agreement was mainly verbal but I would have proof of rent going into his bank - . - He would also provide a witness statement if necessary

There is a linked address entry on my credit file between my previous and current addresses on the 9th December 2019 (the day before the event) - Could this help?

I have also requested copies of correspondence PE sent me and copies of requests they made to the credit agency and DVLA for my contact details, showing the date of the request - Unsure whether they will provide this but was hoping there might be an obvious error made which shows they did not attempt to contact in the required way or that there was a long gap between them requesting my addresses and filing for the CCJ.

Advice

So I'm a bit uncertain as to where I should start with to try and fight this CCJ, if anyone could provide some advice on whether I should take this to a solicitor and if you think I stand a chance of ridding myself of the horrible record - all because I left my car in the wrong place! - that would be great?

I'm trying to figure what documents and evidence I need to gather before possibly approaching a solicitor as I want to do as much of the leg work as possible?

What actions I need to start taking now to start the process off?

Thank you in advance for any help given :-)