Can I reclaim court fees £275 if I succesfully have a CCJ set aside? 23 June 2022 at 10:34AM in Credit file & ratings 11 replies 443 views

Haggis8383

Hi

I had an alert on my credit file last night and found a CCJ on there from the 14th June 22.
A little digging around this morning and I've discovered that it was for a parking charge that I paid previously and have evidence and correspondence that confirms this was paid by the deadline.

The total cost of the CCJ was £289. I've already paid the £60 charge.

I spoke to the county court and they informed me that to have a CCJ set aside it will cost me £275?!!!!

I asked them, that if I was confident that I could show the court that the CCJ was issued wrongly could I claim the £275 back from the claimant? The agent for the court told me she couldn't advise on that.

Can I claim the £275 back if my case is strong?

Thanks

Haggis8383

I should have added, that the reason I did not receive any notice re: court proceedings was that I had moved address. As far as I understand it, it's only my duty to inform companies of my new address if I have outstanding debts with them.

Haggis8383

Sorry, also should have added.

I have spoken with the solicitors QDR and explained to the agent the situation and forwarded them proof of payment, correspondence so I'm hoping that they will sort it quickly but I understand time is of the essence if I want this to disappear from my credit file.

The agent was ridiculous fwiw. Kept repeating the words "enforcement action" "CCJ has been issued". It's like they are trained to wind you up.

On-the-coast

I expect you'll get plenty of responses if you ask your question here:
https://forums.moneysavingexpert.com/categories/parking-tickets-fines-parking
it's a very active sub-forum...

Haggis8383

On-the-coast said:

I expect you'll get plenty of responses if you ask your question here:
https://forums.moneysavingexpert.com/categories/parking-tickets-fines-parking
it's a very active sub-forum...

Appreciate it, I'll stick it in there instead.

longjohnjohnson

You can't reclaim fees for a set-aside notice.

eskbanker

The response from the repost on the parking board has been a typically assertive all-guns-blazing recommendation to pursue the company vigorously, not just for costs but damages, etc, too!

https://forums.moneysavingexpert.com/discussion/6367747/ccj-for-parking-fine-which-i-paid

sourcrates

eskbanker said:

The response from the repost on the parking board has been a typically assertive all-guns-blazing recommendation to pursue the company vigorously, not just for costs but damages, etc, too!

https://forums.moneysavingexpert.com/discussion/6367747/ccj-for-parking-fine-which-i-paid

I agree, ruining someone's credit file over a parking charge notice is pretty low ball, especially when you think it`s effects will last 6 years.

Add to that the fact the guy had actually paid the fine on time as well, he should counterclaim and take them to the cleaners.

longjohnjohnson

eskbanker said:

The response from the repost on the parking board has been a typically assertive all-guns-blazing recommendation to pursue the company vigorously, not just for costs but damages, etc, too!

https://forums.moneysavingexpert.com/discussion/6367747/ccj-for-parking-fine-which-i-paid

They're not exactly impartial though, nor particularly knowledgeable outside of the very specific remit of parking charge claims.

etienneg

Haggis8383 said:

I should have added, that the reason I did not receive any notice re: court proceedings was that I had moved address. As far as I understand it, it's only my duty to inform companies of my new address if I have outstanding debts with them.

No. It's your legal duty to inform DVLA of change of address (for your driving licence and car registration). This is the source from which the parking company would have found the address to issue the proceedings. When I say it's your legal duty I mean that it's an offence not to do so, for which you could be fined. OK, that doesn't often happen, but your situation is common. I never understand why people don't notify DVLA of change of address straight away.

Haggis8383

etienneg said:

Haggis8383 said:

I should have added, that the reason I did not receive any notice re: court proceedings was that I had moved address. As far as I understand it, it's only my duty to inform companies of my new address if I have outstanding debts with them.

No. It's your legal duty to inform DVLA of change of address (for your driving licence and car registration). This is the source from which the parking company would have found the address to issue the proceedings. When I say it's your legal duty I mean that it's an offence not to do so, for which you could be fined. OK, that doesn't often happen, but your situation is common. I never understand why people don't notify DVLA of change of address straight away.

The parking charge was issued to the correct address.
I moved address.
I paid the charge while at my new address.

The issue isn't not receiving the parking charge.
The issue is them messing up and continuing with court proceedings for a charge which was paid already after I'd left the address and updated my DVLA records.