Do I stand a chance getting a CCJ set aside

WoodlandWanderer

Can anyone advise me whether I stand a chance of getting a CCJ set aside?

In September 2023 I arrived at my flat after a long journey and my daughter was asleep in the car.  So that I could carry her, I pulled up on the yellow hatching nearer the front door.  I was gone for 5 minutes and in that time Parking Control Management (UK) Ltd, gave me a parking ticket.  This was at 8.40pm on a Sunday.  

I have viewed the evidence online and they took two minutes to photograph my car, the sign and issue the ticket for parking 'in a manner that contravenes the terms and conditions for the use of the private land on which it was observed and photographed'.

I had the intention of appealing it but it went out of my mind.  Due to mental health issues and family issues I continued to ignore letters, saying to myself I will deal with it soon! 

Roll on 6 months and we moved.  Post still goes to our old address and I pick it up (can't sell due to cladding but thats another issue!!!!)  We have always had problems with delayed or missing post  but I didn't receive anything for a while after we moved.  I have now just received a letter dated from June 2024 stating that it is a Claim Form and that I owe £262.16

I have read all the Newbie posts and many of the threads about CCJs but my case is different as I am at fault in not dealing with the the PCN in the first place. Also I was parked in a restricted area and there is photo proof.  I was going to appeal on the grounds that I was stopped for 5 minutes in an area that didn't block other cars, as I needed to unload my daughter from the car.  

Do I have any grounds to appeal this CCJ or should I accept it?  

LDast

What EXACTLY do you mean by "CCJ"? Have you received an N1SDT Claim form from the CNBC or have ignored such a form in the past and subsequently received a CCJ by default? If the former, then you have not received a CCJ.

If you're referring to a "Claim Form" that was issued back in June and you did not respond to it, then yes, you most likely have a CCJ by default. If that is the case, then you must consider the cost of trying to get it set aside. You can apply to set aside a CCJ for many reasons. However, if you simply ignored the claim and it was issued to the correct address, you will only be able to rely on a discretionary set aside as per CPR 13.3.

It will cost £303 to apply if you cannot persuade PCMUK to agree to the set aside. In your set aside application under CPR 13.3(1)(a), you can argue that the Overriding Objective of ensuring that cases are dealt with justly and fairly should guide the court to allow the set aside, particularly where there is a "real prospect" of defending the claim.

Although there is no guarantee of the judgment being set aside, your defence has a genuine chance of success, which satisfies the requirements of CPR 13.3(1)(a). The court's primary focus should be on achieving fairness by ensuring that you are given the opportunity to present your defence, especially since the original claim was either missed or ignored unintentionally.

You have to consider whether the financial pain of having a CCJ on your credit record for the next 6 years is worth the investment of at least trying to get it set aside. Simply paying a CCJ after more than 30 days after the judgment means that it will be marked as "satisfied". However, a "satisfied" CCJ on your credit record in only about 1% less financially painful than simply leaving it "unsatisfied".

WoodlandWanderer

Thank you @LDast for your reply. 

Due to a very difficult time in my life I have struggled to manage the basics for a while.  As a result I couldn't contend with the letters I was receiving and ended up in the postion I am now where I am 28 days post Judgement Letter.   It is my fault that I have got to the stage of receiving the CCJ but I guess I am wondering if there are any grounds for me appealing for it to be set aside now.  My MH has been so bad that I had moved in with my mum for a few months and this is when the final two letters arrived.  

Any thoughts gratefully received

Le_Kirk

The judgment letter should give you a date by which you can pay it and have the CCJ not appear on your credit record but it is usually one calendar month.  Check it.  If you are up for the fight, you will need compelling reasons (in law) why you ignored (or maybe didn't receive the N1 claim form due to the PPC using the wrong address). Was your V5C up-to-date?

Coupon-mad

The claim form was sent to an old address and not delivered there until September? And you don't live there? 

That's good grounds to set it aside.