CCJ Tomlin/ Set aside

Iyesh2609

Hi all, i discovered i received 5 ccjs from uk car park management a year ago for parking tickets on my old car following a credit search. I was no longer residing at my old address where the letters were coming therefore was unaware of the ccjs. I applied to have the ccjs set aside however the judge denied this stating DVLA should have been notified regarding my change of address. These ccjs are causing a significant impact to not only my credit but my mental health also. I am also not allowed to have any ccjs at my job so i could possibly be out of work because of this. I have seen information regarding getting a Tomlin order as i am willing to pay the parking fines in full but not sure if this is applicable to me giving that the judgements have already been made. Can anyone advise if they have any knowledge on Tomlin/ consent orders or have experienced anything similar?

Fruitcake

Paying the judgment off now will not remove them from your record, so there is no advantage in doing that.

The judge was wrong, because even if you had updated your address with the DVLA, the parking company could not go back and ask for it again.

I suggest you look at the template defence sticky Announcement where I believe there is advice on how to obtain a set aside because the claims(s) were not properly served.

Coupon-mad

Thing is, that ship has sailed because the CCJ set aside application was wrongly denied by the Judge.  Using an old DVLA address is not OK for any parking firm, and the burden is not on you because it was your old car and an old address.  Even updating the car's reg address with the DVLA was not something that the PPC could find.

The Judge was wrong.

You should appeal the mistaken judgment, but get Contestor Legal to do it for you.

How long ago was the hearing and error by the Judge?  Date of their Order?  Please show us that wrong Order.

Iyesh2609

The hearing was on the 14th January but the paperwork only just came in the post dated 6th February. The judge really lacked empathy even though i had given birth just two weeks prior and it was difficult to attend court as i was in a lot of pain. I even told the judge i am willing to pay the tickets in full but she still dismissed the set aside. I’ve seen that the judge would have to agree to appeal the case which i highly dlubt she will; she was a nightmare! At this stage im thinking if i should just contact Gladstone solicitors who are representing uk car park management and seek permission to consent the judgement set aside if i pay the balance in full or a Tomlin order? Do i have grounds to do so?

KeithP

Iyesh2609 said:

I even told the judge I am willing to pay the tickets in full but she still dismissed the set aside.

I think that may have been your mistake.

Apparently the courts are not keen on being used for credit cleansing.
If instead you had insisted that you really would like an opportunity to prove that you did nothing wrong, you might have stood a better chance.

Coupon-mad

Iyesh2609 said:

Hi all, i discovered i received 5 ccjs from uk car park management a year ago for parking tickets on my old car following a credit search.

I was no longer residing at my old address where the letters were coming therefore was unaware of the ccjs. I applied to have the ccjs set aside however the judge denied this stating DVLA should have been notified regarding my change of address.

These ccjs are causing a significant impact to not only my credit but my mental health also. I am also not allowed to have any ccjs at my job so i could possibly be out of work because of this.

I have seen information regarding getting a Tomlin order as i am willing to pay the parking fines in full but not sure if this is applicable to me giving that the judgements have already been made. Can anyone advise if they have any knowledge on Tomlin/ consent orders or have experienced anything similar?

Iyesh2609 said:

The hearing was on the 14th January but the paperwork only just came in the post dated 6th February. The judge really lacked empathy even though i had given birth just two weeks prior and it was difficult to attend court as i was in a lot of pain.

I even told the judge i am willing to pay the tickets in full but she still dismissed the set aside.

I’ve seen that the judge would have to agree to appeal the case which i highly doubt she will; she was a nightmare! At this stage im thinking if i should just contact Gladstone solicitors who are representing uk car park management and seek permission to consent the judgement set aside if i pay the balance in full or a Tomlin order? Do i have grounds to do so?

No.

Get Contestor Legal to do this based on the case they won at the Court of Appeal, VCS v Carr:

https://forums.moneysavingexpert.com/discussion/6590792/court-of-appeal-appeal-allowed-vs-vcs-well-done-jackson-yamba/p1

EDIT: MARCH 2025:
Case was won this month and is binding.  That opens up your 5 CCJs to be set aside. Your Judge was wrong.

Do it urgently. The Judge erred. You need Contestor Legal to appeal the error x 5.

They know how to succeed with these cases and whilst it will cost you a hefty fee initially, they will seek that fee back from UKCPM, plus your wasted costs for attending the hearing AND your £303 x 5 fee - wow did you pay all that only to get a stupid Judge?!

You are wrong that she has to grant an appeal. There is another route via a Circuit Judge.

It is time to stop trying to do this on your own and get Jackson Yamba (a barrister and parking law specialist) to unpick this mess for you this year. ACT THIS MONTH. i.e. within days.

Coupon-mad

Iyesh2609 said:

Hi all, i discovered i received 5 ccjs from uk car park management a year ago for parking tickets on my old car following a credit search.

I was no longer residing at my old address where the letters were coming therefore was unaware of the ccjs. I applied to have the ccjs set aside however the judge denied this stating DVLA should have been notified regarding my change of address.

These ccjs are causing a significant impact to not only my credit but my mental health also. I am also not allowed to have any ccjs at my job so i could possibly be out of work because of this.

I have seen information regarding getting a Tomlin order as i am willing to pay the parking fines in full but not sure if this is applicable to me giving that the judgements have already been made. Can anyone advise if they have any knowledge on Tomlin/ consent orders or have experienced anything similar?

Just making sure you see this:

Get Contestor Legal to do five applications, based on the case they won at the Court of Appeal, VCS v Carr:

https://forums.moneysavingexpert.com/discussion/6590792/court-of-appeal-appeal-allowed-vs-vcs-well-done-jackson-yamba/p1

Case was won this month and is binding.  That opens up your 5 CCJs to be set aside. Your Judge was wrong.

I have a possible alternative: two different pro bono legals (at no cost to you) might be able to help with the appeal that is needed.  Send me a pm if interested in being put in touch with free legal help.