CCJ Issued but 1 Month has Elapsed (Highview Parking & DBCLegal)

EngineerAmber

Hi Everyone fingers crossed you can help me! I've learned so much already but couldn't find the specific answer on the newbie thread or search.

I received a parking ticket in 2019 at a retail park in Coventry from Highview Parking. I was legitimately shopping there but stayed circa 20 mins over the allowed time. 

Rightly or wrongly I ignored all the PCN's and debt collectors letters, largely due to advice on this forum saying it was very unlikely it would be followed up. Anyway here we are so we move forward.

I first noticed the CCJ yesterday on my credit file. But when I found the related letter from DBCLegal it's been over 1 month since it was issued (issued on 29/08/23)

I'm currently between addresses - My car is registered to my house in Leamington but I also rent a flat with my partner in London and I'm spending more and more time in London. For that reason I missed the CCJ letter. I have my car insurance and parking permit in london but my V5 and main address is in leamington hence why I missed the letter.

Do I have any chance to set this aside now it has been over 1 month, or should I just pay it as it will show as settled on my credit score? On all the other threads I found were saying act quickly within the month but not anything after.

As much as it kills me to pay these con artists, It's more important to have my credit file in good shape. I'm really worried about it being there 6 years given we will try to buy a house in the next few years. I had a great credit score but it now shows I have 0% chance of getting any credit cards now on MSE credit club!

I could probably find bank statements proving I spent money in the shops at that time if I dig deep enough.

Thanks in advance 🙏  and sorry if it has been asked before.
A.

Fruitcake

If more than 30 days has passed since the judgment date, paying it now will not help your ability to obtain credit. 

The advice to ignore a PCN has not been given on this forum since the law changed in 2012.

You must have been away from the first property for a while because the whole court process takes a couple of months, even if the claimant applies for a default judgment as soon as permitted. However, even if you had registered your new address with the DVLA, the claimant would not have known about it unless you sent them a rectification notice, although they are supposed to do a soft trace to find a prospective defendant if they get no response.

You could ask the PPC for a set aside with consent, stating that the claim form was never received because you had moved house, but there is no guarantee they will accede.
A set aside request without consent costs around £265 or more, but you might need to show you have a good prospect of winning if they case is re-heard.

Plan A is always a complaint to the landowner and your MP, and even now it is not to late to do so.

Coupon-mad

Do I have any chance to set this aside now it has been over 1 month?

YEP.  Easy as anything.

Read any recent CCJ set aside threads that use CEL v Chan.  Someone was writing their WS and draft Order only yesterday, so go looking.

Umkomaas

Do I have any chance to set this aside now it has been over 1 month, or should I just pay it as it will show as settled on my credit score? On all the other threads I found were saying act quickly within the month but not anything after.

If you've missed the deadline to pay (and the CCJ is showing on your credit score), paying Highview now doesn't remove the CCJ and it's catastrophic effect on your ability to access credit. A set aside is unlikely to succeed if the reason for not defending is ignoring the court paperwork.  There might be a slim chance if you were to argue that the papers were served on a little used address (but it's slim, especially as that address is still showing on your V5C logbook). 

You could explore the possibility of a set aside with consent, ie having HV/DCB Legal agree to this being set aside, but they're likely to want you pay the court default judgment plus the £108 set aside consent fee to the court. Judges are not keen on credit-cleansing. Not an easy ask. See what others say, but don't knee-jerk for your chequebook at this stage. 

Do you qualify for help with court fees?  Check it out, but as you are operating out of two properties, looks unlikely, but do check. 

Coupon-mad

I think they have every chance. They live in London but the claim went to Leamington.

And CEL v Chan adds huge weight.

EngineerAmber

Thank you all for getting back to me 

My main residence is in Leamington where all the papers went and as My banking and voting are from there.

I'm not there that often so I infrequently see the mail. When I did see itI mistook the DBC legal for another debt collectors scam letter. Do I have grounds for having this set aside? I've seen from the other threads its possible to get the shops to help

@Coupon-mad I don't understand your comment "CEL v Chan" adds huge weight. I've had a look on the newbie acronym sections.

Can I still do the N244 and WS even though it has been more than 1 month?

Yeah I'm not eligible for the free court but the court fee will pay for itself if I can access credit / get a mortgage in the future

Coupon-mad

Search the forum for CEL v Chan.

You have good prospects of setting the CCJ aside.  You live in London. Give your London address in the N244.

The fact it's a month ago is irrelevant.  The clock only ticks from when you found out.  The fee gets refunded by the Claimant if the Judge agrees tgat CEL v Chan applies and the whole claim is dismissed.

UncleThomasCobley

EngineerAmber said:

When I did see it I mistook the DBC legal for another debt collectors scam letter. Do I have grounds for having this set aside?

Plan A flew out of the window once the claim was served. I doubt you'll get a mandatory set aside under CPR 13.2. However, under CPR 13.3 you have an excellent chance but it is not mandatory, only discretionary.

Otherwise, your circumstances are almost identical to the CEL v Chan case where you will request a set aside and strike-out at the same time. It will cost you £275 and you should see that refunded to you by the claimant.

Once set-aside and struck-out, your credit record will be expunged back to normal after a couple of weeks as though nothing ever happened. Paying the overdue CCJ will not clean your credit record. It will only mark the CCJ as satisfied which will be a marker for anyone that you received a CCJ and they will draw their own inferences from that as to whether they wish to give you credit.

Coupon-mad

I disagree. He lives in London and was not served.

Fruitcake

... and Plan A is a complaint to the landowner and keeper's MP. It is never too late to do this.

UncleThomasCobley

Coupon-mad said:

I disagree. He lives in London and was not served.

In which case, even better as CPR 13.2 applies and is a mandatory set aside.