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CCJ Issued against me, please help :(

Dear forum,

I recently found out that a CCJ was issued on the 3rd of October.

I received a court claim on the 23rd of August, but did not respond until the 18th of September 2023. Not a good excuse, but I had a lot of health issues (long term condition and medication reaction) so I obviously missed the 14 day deadline for AOS. I also made a SAR to Parkingeye on 18.09.23. They acknowledged my request but I am yet to receive any information from them. 

The original fine relates to me parking in one of the hospitals in which I work back in 2019. I did not put my registration number in the parking machine because if I recall correctly, it wasn't working on that day.

Is there I chance that I could successfully have this set aside or should I just cut my losses and pay?

Your thoughts would be greatly appreciated on this matter.

Thank you in advance.

Comments

  • Le_Kirk
    Le_Kirk Posts: 26,330 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Submitting a SAR on 18/09/23 gives the respondent until 19/10/23 to reply.
    Failing to respond to a claim form - for whatever reason - providing it was sent to your actual (and correct) home address will make it very difficult to have the judgment set aside as judges don't like creit cleansing.  What was the date of the judgment and what deadline have you been given to pay?  A set-aside will cost you £275 application fee.
  • Well02
    Well02 Posts: 22 Forumite
    Tenth Anniversary 10 Posts Combo Breaker
    Le_Kirk said:
    Submitting a SAR on 18/09/23 gives the respondent until 19/10/23 to reply.
    Failing to respond to a claim form - for whatever reason - providing it was sent to your actual (and correct) home address will make it very difficult to have the judgment set aside as judges don't like creit cleansing.  What was the date of the judgment and what deadline have you been given to pay?  A set-aside will cost you £275 application fee.
    The date of the judgment was 03.10.23. Not sure when I have to pay it by. Will have a look at the letter. :(
  • Coupon-mad
    Coupon-mad Posts: 161,490 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 7 October 2023 at 2:41PM
     I obviously missed the 14 day deadline for AOS.
    Doesn't matter as long as you defended it BEFORE they sought judgment.

    What do you mean you 'responded' to the claim in September?  Only acknowledged it?

    Or defended it?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Well02
    Well02 Posts: 22 Forumite
    Tenth Anniversary 10 Posts Combo Breaker
     I obviously missed the 14 day deadline for AOS.
    Doesn't matter as long as you defended it BEFORE they sought judgment.

    What do you mean you 'responded' to the claim in September?  Only acknowledged it?

    Or defended it?
    I only acknowledged it. I did not defend it unfortunately.
  • Le_Kirk
    Le_Kirk Posts: 26,330 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Well02 said:
    The date of the judgment was 03.10.23. Not sure when I have to pay it by. Will have a look at the letter. :(
    Judges normally allow 30 days but we have seen shorter timescales so do read the letter.
  • Well02
    Well02 Posts: 22 Forumite
    Tenth Anniversary 10 Posts Combo Breaker
    Le_Kirk said:
    Well02 said:
    The date of the judgment was 03.10.23. Not sure when I have to pay it by. Will have a look at the letter. :(
    Judges normally allow 30 days but we have seen shorter timescales so do read the letter.
    It states that I can pay within 30 days,  but my question is, can I apply to have it set aside. I did not defend it as I was unwell during the period that I should have acknowledged the claim. :(
  • Coupon-mad
    Coupon-mad Posts: 161,490 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    You could apply but are unlikely to win, and by applying it DOES NOT freeze the CCJ.  You'd get a CCJ anyway. This is too big a risk IMHO.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Well02
    Well02 Posts: 22 Forumite
    Tenth Anniversary 10 Posts Combo Breaker
    You could apply but are unlikely to win, and by applying it DOES NOT freeze the CCJ.  You'd get a CCJ anyway. This is too big a risk IMHO.
    Thank you for the advice. It's a shame I let it get to this point. 
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