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