CCJ from 2017 Can I fight it? PARK DIRECT UK

notverylikely

Hi everyone!
I recently signed up to Experian and I found that I have a CCJ dating back to 2017 that I was unaware of. I need advise on whether I have a chance of fighting it.
Background
So I used to live with my mother in a housing association property which had private parking. I had a car and was given a permit to park within a designated bay. There were many issues with this, as many of the residents failed to park within their designated bay. Some even owned multiple cars and would then park in multiple bays. However, we still displayed our permit, never used to get parking tickets and housing association were aware of the issues. Fast forward to August 2015, my mothers designated bay was M and on this particular evening her bay was taken. So I parked in the bay next to it and displayed my permit. I was then issued a ticket for "Vehicle in authorised bay", which I did not receive and then Jan 2017 an amazing CCJ on my record. The image I was sent over shows the ticket on my windscreen window. When I arrived at my car the later, there was no ticket on the windscreen.

I moved address(but did not update dvla, which I regret) that same year and also stopped driving. Me and my mothers relationship broke down and she claims she did not receive any letters regarding the parking charge or county court judgement. 

Since chasing up this ticket, I have found that Gladstones Solicitors were representing Parks Direct at the time, however, they no longer represent them and I have had to get in contact with them directly. I have been able to get in contact with Park Direct UK who have given me the details of the parking ticket that was issued, reason for the issue of ticket(as stated above) and also images. The image does show me parking in another bay with another letter but does not show my mothers bay occupied. They even issued the ticket at almost 1am, which really annoys me especially since they are a private parking company, surely they have working hours?  I know they have issued many illegal parking tickets and have many unpaid CCJ'S under their company. I also know I may have made some school girl errors, I was young and naïve. 

Should I count my losses or do I have a chance of getting the CCJ set aside?
Or would I be wasting my time and money?
Thanks in advance.

D_P_Dance

Of course you can fight it .  Tger is guidance in the newbies thread at the top of the index page, and hundreds ofb similar threads on here.  

Nine times out of ten these tickets are scams, so consider complaining to your MP, it can cause the scammer extra costs and work, and has been known to get the charge cancelled.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully, when life gets back to normal, it will become impossible for those scammers who are left to continue their vile trade, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

Le_Kirk

You need to weigh up the benefits of paying £255 to do a contested set-aside (or, if the parking company will agree to an uncontested set-aside - £100) against paying off the judgement and leaving the CCJ as satisfied.  (If you are on benefits, you might get help with fees - ask Auntie Google).  This might affect your credit for another 3 years.  Since you seem to have been getting along OK with it on your record for the last 3 years, maybe it is something you can consider.  However, if you decide you want it gone, you need to come up with a good reason why (judges do not like credit cleansing) and also why you ignored (as far as the court is concerned) all the paperwork that would have gone to you.  You also need to be able to convince a judge that you stand a good chance of defeating the original PCN.  As D_P_D, states, all the advice you need is in the NEWBIE sticky second post.

Coupon-mad

Why not just read the set aside section of the NEWBIES FAQS sticky thread pinned at the top of this forum?

Umkomaas

Getting basic stuff like the correct name of the parking company might be a good start, otherwise you could be flushing £255 down the pan. 

Does the DVLA now have your correct address?  You need to do separate notifications for your V5C (logbook) and your driving licence?  DVLA can issue swingeing fines for non-notification.  If they are not up to date, then statutory notices like speeding fines will be going to the wrong address, and in some cases, people can find themselves banned from driving without being aware, with massive complications with insurance cover, especially in the event of an accident. Extreme - but possible. 

notverylikely

Umkomaas said:

Getting basic stuff like the correct name of the parking company might be a good start, otherwise you could be flushing £255 down the pan. 

Does the DVLA now have your correct address?  You need to do separate notifications for your V5C (logbook) and your driving licence?  DVLA can issue swingeing fines for non-notification.  If they are not up to date, then statutory notices like speeding fines will be going to the wrong address, and in some cases, people can find themselves banned from driving without being aware, with massive complications with insurance cover, especially in the event of an accident. Extreme - but possible. 

I have corrected myself. I haven’t driven since but yes everything is now up to date. 

Redx

its much too late to appeal this , that ship sailed years ago

if you want to reset the court ccj , its the £255 set aside route for a contested claim , then fight the original court claim

notverylikely

Redx said:

its much too late to appeal this , that ship sailed years ago

if you want to reset the court ccj , its the £255 set aside route for a contested claim , then fight the original court claim

Do you think I have a good chance of getting the CCJ set aside?

notverylikely

D_P_Dance said:

Of course you can fight it .  Tger is guidance in the newbies thread at the top of the index page, and hundreds ofb similar threads on here.  

Nine times out of ten these tickets are scams, so consider complaining to your MP, it can cause the scammer extra costs and work, and has been known to get the charge cancelled.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully, when life gets back to normal, it will become impossible for those scammers who are left to continue their vile trade, but until this is done you should still complain to your MP, citing the new legislation.
Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

These private parking companies really do abuse their power! I will have a look at the new legislation and re-look at the newbies thread. I just wanted to see if my scenario has a chance of getting the CCJ set aside. Thank you very much  

Coupon-mad

notverylikely said:

Do you think I have a good chance of getting the CCJ set aside?

Why is this being asked, when the NEWBIES thread part about how to win a set aside case, covers it and tells you, yes...?  Have you not read it yet? This is easy. There are example threads and it tells you what to say in your WS that accompanies the N244 court form. 

Not sure what else you need to know, but you do need to read the sticky thread about set asides and crack on with your N244 and WS (we are not linking the pinned sticky thread here).  See my signature.  Two clicks and you are there.]

People do his ALL THE TIME on this forum, your case is no different.

D_P_Dance

These private parking companies really do abuse their power! 

They have no power, It is you that have the power, but to use it to best effect your have to master the subject.  and stop asking questions, the answers ti which you can find by doing the research and putting in the hours.  This is not painting by numbers.