How to get a CCJ From parking eye set asside

canonman

Good Evening all. 

I would really appreciate some help in getting a CCJ removed. I Have recently moved address in December 2022, however I still have the keys to the old property. Some documents such as utilities, insurance all setup in the new address, other documents such as driving licence are in the process of being updated.

I went to the old property to collect some mail and saw that I have been given what looks like a CCJ from Parking eye, however I have no information on this charge other than the county court business documents. I have done some research and I can ask to have his set aside using a N244 document. I have used the supporting guide to try to create the document.

3) What order are you asking the court and why?

“i did not receive any paperwork for this claim or any documentation for this CCJ or any correspondence from the claimant. I would like to have the CCJ Set aside”

10) what evidence will you be relying on, in support of your application. 

This is where I am stuck. I knew nothing of this until I got the CCJ. my only defence is i have moved since this was issued. January 18th 2023 is when it was issued, I moved address beginning of December 2022.

Finally once i have figured out the above, do i send this back to the court and wait to hear back from them or do I send a copy to Parking Eye.

Boat_to_Bolivia

There's a section on CCJ set asides in the NEWBIES thread.

https://forums.moneysavingexpert.com/discussion/4816822/newbies-private-parking-ticket-old-or-new-read-these-faqs-first-thankyou#latest

Mouse007

Find the Newbies Thread, scroll down to this line in the second post

HAVE YOU FOUND OUT ABOUT A CCJ (JUDGMENT FOR CLAIMANT) AND NEED IT SET ASIDE?

canonman

Boat_to_Bolivia said:

There's a section on CCJ set asides in the NEWBIES thread.

https://forums.moneysavingexpert.com/discussion/4816822/newbies-private-parking-ticket-old-or-new-read-these-faqs-first-thankyou#latest

Thanks i did see that, thats how i got so far into the N244 from however in my case as i have 0 knowlege of the fine, i cant see in the thread what to use as evidence. Hoping someone can help me with that section. 

Mouse007

Search for set aside and then most recent (newest). This is not my area of knowledge but I have noticed quite a few recently.

canonman

Mouse007 said:

Search for set aside and then most recent (newest). This is not my area of knowledge but I have noticed quite a few recently.

thanks for this. i can see people having stuff set asside and it explains the N244 but it feels like i am the only person who has had 0 information regarding the fine. The first thing i know is when i check the old house mail and see it. So i dont know what evidence to proivde to counter it other than "moved address" but even still 1 month is all i have been at my new property. 

hopefully someone will be able to expain where i am going wrong.

thanks

KeithP

The usual reason for people not hearing about these things is because they have failed to keep the address on their vehicle Registration Document (V5c) up to date.

Or maybe the vehicle a hire car, leased car, company car or motability car - where the registered keeper is not yourself?

canonman

KeithP said:

The usual reason for people not hearing about these things is because they have failed to keep their vehicle Registration Document (V5c) up to date.

Or maybe the vehicle a hire car, leased car, company car or motability car - where the registered keeper is not yourself?

The problem is i cant tell you what the particulars of the claim are, thats the issue i am facing.

I assume its myself or the wife have parked or used a toll bridge and not paid, but this is where i stuggle. I need to be able explain i dont have any information for the claim! 

NIGHTMARE 

KeithP

You seem to be avoiding my points.

I'll ask some direct questions...

- Is the name and address of the Registered Keeper on the vehicle's Registration Document correct?

- Was the name and address of the Registered Keeper on the vehicle's Registration Document correct at the time of the alleged parking event?

- Is the vehicle a hired vehicle?

- Is the vehicle a leased vehicle?

- Is the vehicle a Motobility vehicle?

- Is the vehicle a Company vehicle?

And a new question...
Who is the Registered Keeper of the vehicle?


There's a telephone number on that Judgment form.
Why not ring it and ask them to email a copy of the Particulars of Claim to you?
Whilst you are on the phone, ask them to tell you the address where they sent the Claim Form.

Umkomaas

First PE/DCB Legal judgment in default I've seen. It won't have been a toll bridge, PE aren't involved in those. 

A SAR will determine when and where the original parking charge was incurred and which address was used for its notification, but time is not on your side for that. 

You can either pay off the judgment by the deadline set (avoiding a credit trashing unsatisfied CCJ), then apply for set aside, with time to receive the SAR results .... or

Don't pay the judgment, but apply for set aside now which won't be dealt with before the CCJ affects your credit rating. Bank on the set aside being upheld (should be automatic if the court claim was served on a defective address) which will result in the CCJ being expunged, your credit rating repaired, allowing you ultimately to defend a new claim from PE (if they decide to have another shot at it). 

I'm sure others might want to add further advice/options on this. 

Boat_to_Bolivia

Umkomaas said:

You can either pay off the judgment by the deadline set (avoiding a credit trashing unsatisfied CCJ), then apply for set aside, with time to receive the SAR results .... or

I thought this was the case, but didn't suggest it in case I was wrong!

Thank you for confirming my thoughts @Umkomaas