Found out I have a CCJ for a parking ticket late 2024

frenchieattitude

So as I'm sure the title explains, I have (within the last month) found out I have a CCJ against my name because of a parking fine I got last year.

The fine
I was staying at an airbnb and the host told us we were allowed to use a specific space in a private carpark. They had lost the parking permit, so told us if we were to receive a parking fine we would just need to send a photo of the permit and prove we were allowed to park there.

I got a yellow ticket on the car, but this didn't state any specific penalty - and I then heard nothing more thereafter.

I had recently moved house, and whilst I had updated my drivers license, I completely forgot to update my V5. I have now updated this, but it's obviously too late. They stated all the communications went to the old address.

My court fine is £290, but from what I've read setting it aside would be better for my credit report rather than just paying it.

My main concern is whether I would win this case if I was to re-open it through the set-aside process. What is the best course of action?

Thanks so much

DE_612183

It's not a fine - it's an invoice ( which you didn't pay )

frenchieattitude

Hi @DE_612183

Thanks for your reply - but my question persists - what would be a likely outcome in the case of setting it aside, given the context of the ticket?

Thanks!

Gr1pr

Only the second judge presiding over the actual claim can tell you that answer,  there are no guarantees in these cases

You would either win or lose, depending on Judge Bingo 

You took the word of the host,  possibly promissory stopped, but you only had their word, so it depends on the lease or contract they had at the time 

There was no fine,  no penalty,  just a private parking charge notice from a private parking company,  an invoice for the alleged breach of the parking contract,  due to not displaying the missing or lost paperwork 

You need to try to obtain 

A copy of the pcn, both sides

A copy of the lease or tenancy agreement for the property 

A picture of the signage 

Which parking company   ?

frenchieattitude

Hi @Gr1pr - thanks for the reply!

Can I ask what benefit those three documents would serve?

The parking company is Vehicle Control Services.

Regarding the invoice - do you know how much of an impact this actually has on my credit report if I go ahead and pay it? That's something else I'm trying to figure out and I've seen many varying answers - I'm planning on getting a mortgage in the next two years.

Thanks again.

Gr1pr

Frankly,  you paid for accommodation,  a host or third party gave you duff information about the parking,  so you ended up with a pcn due to not displaying a valid permit 

The pcn is the invoice for the alleged breach of the parking contract on that private property 

The signage creates the parking contract with the driver 

The lease or tenancy agreement would show who must do what in regards to parking,  such as displaying a valid permit etc

At the moment you don't appear to have any evidence to show a judge,  but your set aside must also show that you have a chance of success against the VCS court claim,  any success would be based on the defence,  the witness statement plus the Exhibits, none of which you currently have  ( so not just stories, it is a court after all  )

As for the CCJ,  if its more than 30 days old, paying it would merely mark it as satisfied,  it would not remove it,  so would affect the defendant for 6 years with various contracts,  credit file, mobile phone contract,  mortgage etc, for 6 years

So only a set aside by a judge in court can stop the CCJ issues

But

If its less than 30 days since the Judgment,  paying it in full would get it expunged,  job done 

frenchieattitude

@Gr1pr

So the fact that I have the photo & communications with the Airbnb host regarding the parking space (I was parked in the specific space for that flat number), along with a photo of the actual permit still wouldn't be sufficient?

Feel like I should just pay it in this case?

Gr1pr

Your contract with Airbnb has nothing to do with the parking arrangements between the parking company and the landlord or landowner or flat owner etc, different contract 

I could tell you to park at Wembley or Buckingham Palace if you rented an Airbnb close by, but my word counts for nothing. We don't know that that host was legally allowed to say or do what they did, but that instruction is never true in private parking contracts 

I believe that as well as a picture of the permit,  a copy of the lease or tenancy contract,  pictures of the signs etc would be crucial in persuading either judge 

Its your money,  not mine, but if you are within the 30 days grace period,  paying the lawyers or claimant promptly,  in full, would see it expunged,   ( which parking company   ?  Which lawyers,  if used  ?  )

But if more than 30 days have passed,  paying it wont stop it from affecting you for the next 6 years 

Coupon-mad

frenchieattitude said:

@Gr1pr

So the fact that I have the photo & communications with the Airbnb host regarding the parking space (I was parked in the specific space for that flat number), along with a photo of the actual permit still wouldn't be sufficient?

Feel like I should just pay it in this case?

You haven't told us if the CCJ is dated less than 30 days ago. That matters a lot.

If you do not pay it: Your CCJ set aside application is nigh on 100% guaranteed to be allowed (CCJ will be set aside and the claim should also be dismissed with costs awarded to you) by the way, due to the binding new 2025 case of VCS v Carr (Google it). 

frenchieattitude

Hi both,

The CCJ is indeed dated more than 30 days ago sadly - so this isn't the easy option.

@Coupon-mad - regarding your comment, just to clarify: you're saying if I do pay to set it aside, then I will definitely have a chance to fight it. Further to this then, regarding the V5 failure to update the address on my behalf, in this case they should've pursued me further and tried harder to find my new address?

Sorry this is all very confusing for someone who's never had to deal with this before!

Thanks again (so much).

Gr1pr

OK, so no point in paying it

I agree that the set aside is almost certain due to incorrect service of papers 

Yes they should have traced you, regardless of the incorrect dvla data

Yes you have a good chance of winning,  if the host had the right to allow you to park there  ( but nothing is guaranteed because its not your space, and we dont even know if it's the hosts space either,  no paperwork   )

Plus you told us the name of the parking company,  VCS , but not any lawyers acting for them