CCJ dated Feb '23 paid. Any hope of set-aside?

Harry1818

Dear people of MSE forum,

I have a CCJ issued to me on 24/2/23 for a private parking ticket received on 26/07/2018. The balance requested was £332.60, which I settled on 28/6/23.

I suspect for a few reasons that I may not have a leg to stand on (and accept that my lack of proactiveness and ignorance may be of particular disapproval to you guys) but as the title suggests I am seeking advice on whether a set-aside might worth applying for, with or without consent.

Chronology of correspondence:

Ticket received by UKPC for parking contravention in private car park on 26/07/2018

(Naively) appealed claim by post with appeal reason left empty – date and motivation for doing this unknown

Notice to driver letter received from UKPC on 1/10/18 stating 42 days to pay before gets passed to debt collection agency

Further notice letter from UKPC received on 30/10/18 stating 12 days left to pay before passed to debt agency

No action taken by me due to the belief that private parking tickets do not need to be paid - will never be pursued

Fast forward almost 5 years...

Letter received by DCB Legal on 28/12/22 stating I owe £160, with 30 days to pay before a claim being issued without further notice. For the same reason as above, this was ignored 

Notice of recovery letter received by DCBL on 6/4/23 stating that I have an unpaid CCJ amounting to £332.60, with date of CCJ stated as 24/2/23. 

According to DCB Legal there was a county court business centre claim form that was sent to the correct address on 31/1/23 outlining the incoming CCJ. I had moved from this property a week prior to this and so didn't receive the letter. I changed my driving licence before this date and according to my V5C the address on this was changed on 23/1/23.

After a look at my options I could see that any set-aside action would've needed to be within 30 days of the CCJ and so, for better or for worse, I wrote off my chances of successfully appealing this, and accepted it. I planned to pay it at a time that suited me. Of course I was confused and angry

Another letter chasing payment from DCBL on 26/4/23.

A letter from DCBL on 23/5/23 stating further action to be taken. At this point I called them and agreed to pay over next 2 months to make this go away.

I have lived in several rented properties over the past 5 years, and have written to both DCB legal and DCBL for copies of all correspondence in this period. I have always updated my drivers license, but only in the past year or so have I (expensively) been made aware that V5C needs updating with a change of address also.

Do I have any options?

I am now kicking myself that I didn't fight this as soon as it became apparent, and took the attitude towards it that I did, as I am learning from these threads the courts do not look favourably upon set-aside submissions that have been delayed without good reason.

I would realistically have been looking to obtain a first mortgage in 2-3 years had this not arisen this year.

I have been digesting and trying to understand the relevant material available on this forum and am confused about which, if any, path would be the best to take.

Consent:

As balance is paid in full, writing to DCBL to request their permission and signature in applying for CCJ to be removed by consent. Most advice is that as I am past the 30 day window this would not be possible, N443 form states this also. Have read one or two examples where these have been accepted months out of time. 

Without consent set-aside application:

Despite the time delay could this be worth a shot? The issue here I imagine would be that I had received the letter from DCB Legal on 28/12/22 warning me that action might be taken. Could the 4 year time gap play a part here? And the fact I had moved one week before the official court claim form was issued, and so I didn't receive it? Presumably the fact I sent an (albeit empty) appeal, and ultimately paid the debt acts as an admission of guilt?

I believe I have included all the key bits here. Any help/advice/insight would be hugely appreciated. I am new to this forum and have been blown away by the volume of material available and peoples willingness to advise and support people here.

Thanks in advance.

KeithP

Your dilemma is outside anything to do with parking.
It is a straightforward administrative issue.
Suggest you might try the LegalBeagles forum.

Coupon-mad

Presumably the fact I sent an (albeit empty) appeal, and ultimately paid the debt acts as an admission of guilt?

No, it doesn't.

That just suggests that their appeal portal is flawed, as it 'lost' your appeal reason. But paying removed your leverage that you could have used to argue that you want to defend the PCN (a stronger position).

The fact you'd moved plus anything useful the DLUHC publish about their analysis of extortionate parking charges and add-ons (overdue this week), might possibly get a Judge agreeing to set aside the CCJ under the discretion they have (CPR 13.3) but the fact you rushed to pay it (wrongly, because the CCJ remains) has removed your leverage with DCBLegal.

Try emailing them right now asking for consent to set aside the CCJ but only give them a week to agree/respond.  Then decide - based partly on what the DLUHC publish - whether you want to try for a set aside (the worst that can happen is you waste £275 trying) but ACT PROMPTLY.

Harry1818

Thanks @Coupon-mad for your response.

I have written to DCBLegal asking for their consent to set aside and requesting a response by 4/8/23.

In the meantime I will keep an eye out for the publication you mentioned on the DLUHC web page; presumably this will be posted in the 'Latest from the DLUHC' section on their main page once available?

Coupon-mad

Yes - and all over this parking forum!

YankeeBrit

Harry1818 said:

Thanks @Coupon-mad for your response.

I have written to DCBLegal asking for their consent to set aside and requesting a response by 4/8/23.

@Harry1818, did you get a response?

Harry1818

@YankeeBrit yes I did:

"Please note, you were provided with one calendar month from the date of the Judgment to pay the matter in full, which would have removed the CCJ from your credit file, however; you failed to address the Judgment and instead paid the balance via instalments.

The Claim Form and Judgment were both sent to the address you have provided as your correct address for service, as such; DCB Legal are not agreeable to setting the Judgment aside and we believe any Application for such to be no more than a credit washing exercise.

 As payment in full was received outside of the required time frame, the Court have been updated of the same and the Judgment will be marked as 'satisfied'.

We trust this clarifies our position"

@Coupon-mad advised I have read the recent publication by DLUHC on parking charge limits and can't see that what has been written would prove particularly useful if I chose to try for a set-aside. The fact there has been a proposal that debt recovery fees might be banned would I suppose be the strongest point, but until the 8-week call for evidence has passed and a 'Private Parking Code of Practice' put in place I don't think the strength of my application would change much, am I right in thinking that?

Coupon-mad

I think the fact you've paid it is the biggest mistake.

Sadly you might be stuck with a satisfied CCJ; sleep on it but you MUST decide now - this week - whether to throw £275 at trying for a set aside.  Has to be PROMPT.

You have little or no leverage though, and can't even tell the court that you "should be allowed to have the CCJ set aside so you can defend it".

That compelling reason is out, because you paid.

Another unlucky quirk of your case is the date you moved out - a week before they filed the claim?  They couldn't have known.

YankeeBrit

Coupon-mad said:

Another unlucky quirk of your case is the date you moved out - a week before they filed the claim?  They couldn't have known.

...and that could have been prevented had the OP had a mail redirect service set up.

Grizebeck

Coupon-mad said:

I think the fact you've paid it is the biggest mistake.

Sadly you might be stuck with a satisfied CCJ; sleep on it but you MUST decide now - this week - whether to throw £275 at trying for a set aside.  Has to be PROMPT.

You have little or no leverage though, and can't even tell the court that you "should be allowed to have the CCJ set aside so you can defend it".

That compelling reason is out, because you paid.

Another unlucky quirk of your case is the date you moved out - a week before they filed the claim?  They couldn't have known.

Ive actually dealt with quite a large number of court cases recently where set asides have been agreed even where D has paid.  A judge wasn't going to allow a setside in one case as they had been advised by the MOJ that once paid they cant be removed, i advised this approach wasn't correct and the case set aside
In fact the majority of my court work the last few months has been dealing with set asides where they have been paid

Le_Kirk

Grizebeck said:

Coupon-mad said:

I think the fact you've paid it is the biggest mistake.

A judge wasn't going to allow a set-aside in one case as they had been advised by the MOJ that once paid they cant be removed, i advised this approach wasn't correct and the case set aside
In fact the majority of my court work the last few months has been dealing with set asides where they have been paid

@Grizebeck, what is the detail behind this little titbit please?  Will be handy for other posters in same position.