Defaulted CCJ through CNBC clerical errors, Set aside but I've already paid..?

Veltazor

To give a short backstory original PCN from early January 2020. Claim received on 24 April 2025. Followed the general advice AOS in time,defence sent via email etc all in order. Received CCJ dated 04 June 2025 as "you have not replied to the form".

Raised a complaint with HMCTS on 09th June as soon as I received the judgement, when it was clear it was not going to be sorted within the month and having absolutely no trust in this system I just paid in full on 03rd July as I could not risk it if there was even the smallest chance I had made some form of error and this was going to stick for 6 years.

8th July they finally got back to me -

"I'm sorry we've not been able to locate your original response sent to Civil National Business Centre (CNBC) on -------. We can confirm your documents were received at our office. Due to the large volume of correspondence awaiting processing, we've been unable to trace them.

I'm sorry we didn't let you know about this sooner, and for the inconvenience this has caused."

"Thank you for providing copies of the defence and your email sent to us in May. I've asked the team at the CNBC to process your case as a priority using this copy.

From our records I can see that you paid the Judgment of ------- on 3 July, in full. If the Judge sets the Judgment aside, case management directions will be sent to the parties and you are able to request to have the judgment amount reimbursed from the Claimant.

Once again, I'm sorry for the upset and inconvenience this may have caused you."

I've now received notice that it has now been set aside etc. 

To be honest, I'm completely lost at this point. I know I messed up in paying it, but is there any way to get this money back? In the email it says I am able to request to have the judgement amount reimbursed from the claimant - how do I do this and what do I do now?

Gr1pr

Name the Parking Company and the lawyers 

Email the lawyers  ( the entity that you paid in error  ) demanding the payment back as ordered in the set aside by the CNBC judge,  enclose a copy of the set aside and the covering letter

The original claim will now proceed in the usual manner 

Veltazor

It's DCB legal on behalf of G24. Okay will do, many thanks.

Gr1pr

OK, so demand the payment back from DCB Legal due to the CNBC error in processing the claim,  which has now been corrected by the judge at the CNBC , add copies of the paperwork too

I would expect that DCB Legal placed the payment in a holding account,  so in limbo until they knew that they could pay G24

Coupon-mad

I doubt they'll pay it back. We had a similar case and BW Legal refused.

Secondly, pretty please, if you want to be part of the push to change things in future:

It's very important that people like you tell the Government that:

a) you have no faith in POPLA or the IAS and that there must be the SINGLE APPEALS SERVICE that the Parking (Code of Practice) Act 2019 *almost* promised. That will give a real option to resolve disputed cases out of court.

b).  THAT THE ENRICHMENT OF 'DEBT RECOVERY FEES' MUST BE COMPLETELY BANNED. DISPUTED CASES ARE NOT SOLVED BY DEMANDING MORE MONEY AND ENGINEERING A 'PAYMENT PLAN'.

c). Tell them about your experiences and how useless HMCTS are and question why parking firms have any ability to ruin credit rating.

Responses are invited to the Consultation now:

https://forums.moneysavingexpert.com/discussion/6617396/parking-code-of-practice-consultation-8-weeks-from-11th-july-2025/p1

Do it this month or in August at the latest pleeease! We will discuss it on that thread.