One Parking Solutions Progresses to CCJ and Impacts Credit

PeterLayton

Hello Everyone,

**posting here due to advice of anothere awesome member ***

After being really silly and taking advice from friends. I ignored a car parking fine which later materialized into a CCJ against. There had been a lot of issues with a particual parking company and in summary, the said parking company lost its contract at a car park. It even made the media. At this time, most people in the same situation as me were advised on facebook etc to just ignore the parking fines!!! Silly me!

So a CCJ was issued to be dated 08 April 2020 with the claiment being One Parking Solutions and the debt collection company being DCBL Legal 

theargus.co.uk/news/17799021.39-greggs-car-park-39-management-stripped-contract-complaints/ 

A few facts about the case;
The vehicle used was a works vehicle (sign written flatbed van) that was registered to my name and address (it should have been to the company but found out this way it was registered to me personally)
The van was parked slightly over a line
I have completely ignored all letters (I know, I should have known better)

2 years later I am trying to get a mortgage and struggling because of this silly parking fine.

So, is there a way to get the CCJ set aside or removed? Does anyone have experience of this?

I am able to pay the debt and the CCJ but I understand that this does not remove the CCJ against me but just showed as settled.

As this company (one parking solutions) was removed due to public outcry - do I have a leg to stand on at this point to defend a case against the CCJ

A million thanks to anyone who might have some suggestions to follow or research

Regards,

Le_Kirk

You can apply to have the CCJ set aside.  All the help on how to do this is contained within an announcement called NEWBIES please read this first and you will need the second post on that discussion.  Also search for and read threads by other posters in a similar position.  You can also search for and read replies by a poster called @henrik777 who is good on set-asides.

Jenni_D

You need to have a good reason why a set-aside should be granted though (and a good prospect of successfully defending the underlying claim - whish is pretty much a given), and need to apply within a reasonable time after discovering the CCJ

Ignoring original court papers is not a good reason though. (Not receiving them is, but if the name/address was all correct per DVLA and you lived at that address at the time of the claim then you'd have a challenge to prove non-receipt).

PeterLayton

@Jenni_D Thanks very much.

I'm just not sure which avenue to try and take...

I've read that the claimant can agree to having the judgment set aside? It sounds like a deal can be made with the claimant in some situations? Which makes sense as they will get their money if they agree to set aside the CCJ

These bullet points give a summary of the situation; 

PCN date: November 2018

Key Points;

• Fine was issued against a business van which was registered in my name and address (driven by colleagues at the time)
• All letters from DCBL were ignored with no responses issued
• I’ve had no further correspondence from DCBL since 2021
• Claimant: One Parking Solutions Ltd
• Debt recovery: DCBL Legal Ltd

I am going to be reading most of @henrik777 posts today, thanks @Le_Kirk

Jenni_D

You've not mentioned what you did with the court papers ... which would not have come from DCBL.

There's nothing to lose by trying for a consented set-aside ... cost is £108 but the claimant will likely want their CCJ amount paid (plus possibly some additional interest) as part of their agreement. (Remember though that a judge can still rule against a set-aside - even if it is consented. Doesn't happen often but it still can).

If you're going for a mortgage then it still might be worth doing this - the saving in getting a lower cost mortgage interest rate will far outweigh any current expenditure.

My main concern is the fact that your employer registered their vehicle with your name and address. What role do/did you have with the company? (I'd be minded to bill them for all your additional costs because of their negligence).

PeterLayton

@Jenni_D I've got the county court claim papers but again, didn't respond to those either. In all honesty, I'm 100% in the wrong and should not have listened to facebook groups. Expensive mistake!

I think I am going to pay for a solicitor to deal with the consent and the courts as I am so afraid of messing it up. There is such great advice on here.

It sounds like my ONLY option is to arrange the consented set aside. I think if I just pay the CCJ then it will show as satisfied but will still have a bad impact on my credit file.

Who would have thought that a parking fine could cause such a difficult time!

Le_Kirk

Be aware that judges don't like credit cleansing, which is what you would be doing and, as @Jenni_D writes, you need a good reason for the set aside.  BTW it is not a fine!

PeterLayton

@le_kirk Thanks. Part of the problem is that when I moved back with my parents in a block of flats with communal postage. Getting my post assigned to a pigeon hole was a nightmare.  When I got the court letters through, time had already passed the cut-off by a few weeks. Hence taking no action as I found out that I was too late to intervene. 

I would feel stupid mentioning the communal post issue as I bet everybody tries that, but this is genuinley what happened and still happens with stuff coming through the post today. Sometimes I have to go ask around the flats if anyone has seen a parcel or letter to me.

Le_Kirk

If that is the case, it sounds like a plausible reason and you can only try it and see what a judge thinks.  It will not be the first (nor last) time it happens and judges will take note of an honest account from you.

ParkingMad

You could also apply for a set aside without consent, which costs £275. You can apply under CPR 13.3 which states

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part13#13.3

13.3

(1) In any other case, the court may set aside 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.

The local MP met with the BPA about this car park, due to predatory ticketing. This resulted in the landowner cancelling OPS' contract-

https://www.theargus.co.uk/news/17799021.one-parking-solution-stripped-contract-complaints/

Here is the N244 set aside application form:

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/953577/n244-eng.pdf

Coupon-mad

I'd seriously consider going for set aside 'without consent' (i.e. NOT pay the scammers) if you are applying very promptly after finding out about the CCJ and have good prospects of defence, and could not access your post in time to defend.

The reason I say this is because I think there's a danger the court may refuse your application anyway (even with consent) and your chances may be better in trying to meet the requirements of CPR 13.3.