Received a CCJ. Due to a parking ticket that was posted to old address. CEL

jodiddy11

Hello. Hoping someone can help. 
We moved house in May 2017. 
We had a parking ticket around that time apparently but never received a ticket. Nor any letters regarding a ccj that was filed in Mar 2018. We only found out about this when applying for a loan. 
I've read through some of the threads and appear to probably qualify for a set aside but my problem lies with not being able to say that the parking ticket was issued wrongly. We found out it was issued on a car park outside our GP surgery and remember staying longer than normal as our daughter was waiting a while to be seen. It was me in the car. But the Ccj is in my husbands name. 
I never noticed any signs or parking pay machine.
My questions are. Is it worth contacting CEL and suggesting if I pay can we both agree to the courts that the ccj can be set aside. I realise the cost of this £335 plus £255 set aside. But we just want rid of the ccj. As in 2 years will be changing mortgages and want a loan for a camper van.
We pay all our bills. Have a clean good credit rating prior to this. Never had a ccj. 

Any advice will be hugely appreciated. Many thanks. 

Le_Kirk

If you can get the claimant to agree to a consensual set-aside the fee is only £100.  Don't be agreeing to pay the original invoice though.  If they don't agree, go a for a contested set-aside and, when you win, you will not pay the original invoice and you will recoup your £255.

Redx

As above , a with consent is £100 plus all the fees etc

Your husband must do this , it's nothing to do with you , but you can assist him

nosferatu1001

So whats important is that its the defendant that has to get his agreed. You getting it agreed in your name when the CCJ sint IN your name wont help one jot

You havent tod us why you didnt get the letters, at least 2 from the court, so suggests you need to check your V5, see when you updated it, etc. 

jodiddy11

Yes we didn't get any letters or the original parking fine as they were all delivered to our old address.. We must have moved right about the time it landed. We didn't update the V5 until we found out about the CCJ I'm afraid as we thought we had done everything--very silly on our part. Totally slipped our mind. We were under stress to move fast as our landlords were selling the house from under is and didn't give us much time. We haven't moved house much - obviously we changed our licence details straight away. 
Many Thanks for the advice. Hopefully CEL will agree to the consensual set aside. If they don't - would there be much point in me going for the contested set aside if I cannot prove that the parking ticket hadn't been issued in error?
Regards
Joanne

Coupon-mad

 Is it worth contacting CEL and suggesting if I pay can we both agree to the courts that the ccj can be set aside. I realise the cost of this £335 plus £255 set aside.

No, not with CEL.   And you are WRONG with those figures.  A set aside 'with consent' costs £100 in court fees but there is no need to pay CEL.  AT ALL. By all means ask them if they will consent and give them 7 days to come back to you by email. 

BUT DO NOT AGREE TO PAY OF THE PCN AS WELL - WHICH IS WHAT THEY WANT.

Then just crack on with a £255 application without consent, using what you learn when you read all the posts by @henrik777

CEL are beatable and usually discontinue the claim after a successful set aside.

Redx

The set aside is not about the PCN , that comes when the original court claim comes back to the fore

A set aside is to put it back to the original court claim , stage 2 , so the PCN issues don't come into it for stage 1 , the set aside itself , it's a 2 stage process , separate hearings , so it's not all wrapped up in one go

This has nothing to do with changing your licences , it's about changing the V5C , so check it's been done , they all needed changing

Coupon-mad

Promise us NOT TO RING CEL or agree to pay them...

henrik777

I always say ask for consent, even if only as a self preservation thing.

I would expect a CEL ticket from 2017/8 to be unenforceable against the keeper.

At the time of filing a court claim, did the claimant have "reason to believe" he no longer resided at that address ? That's the question for a Mandatory set aside.

Very likely to get a discretionary set aside but costs are not guaranteed. You need to apply promptly upon discovery though. 

jodiddy11

We did find out about it about a year ago. We didn't know that we had a leg to stand on tbh until we found this site. So felt like we would just have to live with it. Will this go against us then as not acting promptly enough ?
Shell shocked these companies can do this so easily. 

Many thanks for all your replies. Very much appreciated. 

Coupon-mad

It will go against you if the Judge is deciding about a discretionary set aside.  Promptness is not needed if it's mandatory and the judge decides the claim was not served properly.