Ccj set aside rejected for parking fine

ann1994

hi there

firstly I am sorry If I’ve posted something repeated, I’m in such a flap and trying to find a post for my answer is getting me quite upset.

I had a parking ticket from 2019, from a private company parking on their part of the land. There was double yellows on the road and I parked in this section of the lay bye as there was nowhere else safe to park.

I lived with my partner in a new address( his rented accommodation) then we purchased our first house December 2020 and I had proved for the application of the set aside I had a new house and didn’t receive the ccj notice until I did an Experian check. I sent off my n244 noting I hadn’t recieved these docs and asking for set aside. I have just had my court call and my set aside has been rejected. I am to wait for the letter from them and I am in such a flap. I’m almost sure the judges asked me why I parked there and I said I had my step daughter with me and the signs I didn’t see and it was the only safe place. And the set aside was rejected because they had the correct address on the system and because I hadn’t updated it they had acted correctly in enforcing the ccj. I did however send them in my n244 a proof of new address. I am due to remortgage in December this year as I had a 2 year fixed mortgage and I’m so upset with myself that I don’t know what to do next . The judge said I can only appeal if I think this was unlawful?

does anyone have any advice for me as I’m really worried.

Coupon-mad

Which parking firm?

This decision is very difficult to overturn.  You'd have to show that the Judge 'erred in law'.  A very high bar and you might not even get past application stage and even the application costs something like £120, just to ask.

So sorry.  I don't see an easy answer if you didn't show more evidence, such as the fact the PPC must (under their Code of Practice) carry out address checks before filing a claim and CANNOT just issue a claim to the old DVLA address.

But if this wasn't raised then the Judge didn't know that.  The law in court is what you bring with you and say at the hearing and Judges won't go off and do other research.  I think this sounds like where it went wrong; the Judge preferred what he/she heard from the scammers.