Looking for Advice – CCJ Issued Despite Appeal and Incorrect Address Used

SleekShrew

I’m hoping someone can advise me, as I’ve read the Newbies thread but I’m getting a little lost with the amount of information.

In January 2024, I received a debt recovery letter from DRP stating that I owed £170 to Smart Parking for an unpaid parking charge. This was the first correspondence I had ever received about the matter. The alleged parking event took place a few months earlier when we visited a restaurant. We had paid for parking but overstayed by a few minutes due to how busy the car park was (there were traffic attendants on site and it took some time to exit).

I contacted DRP immediately to explain that no Parking Charge Notice had ever been received. I also explained that we were genuine customers, had paid for parking, and could provide receipts. At the time, I was 34 weeks pregnant with complications, and I made this clear when contacting DRP. I specifically asked that the situation be resolved promptly to avoid additional stress. DRP logged an appeal and confirmed by email that I should expect a response within 35 days.

Last weekend, my neighbour informed me that someone on another street had accidentally opened a letter addressed to a person with my surname. It turned out to be a CCJ in default, dated 17/02/2026, relating to this Smart Parking charge. I contacted the court, who confirmed that Smart Parking had provided them with this incorrect address. I have never lived at that address. DVLA also confirmed that my correct address has always been on file. Smart Parking used my correct address for the DRP letter in 2024, so I do not understand why a completely different address was used for the court claim.

I never received a court claim form at any point. The only reason I ever became aware of the CCJ was because someone at that incorrect address opened the letter by mistake, realised what it was, and then tried to locate me.

Key points:

• I never received the original Parking Charge Notice.
• DRP confirmed an appeal had been lodged.
• I never received any response at all to that appeal.
• Smart Parking used my correct address for debt collection but a completely unrelated address for the court claim.
• I never received the claim form, and only discovered the CCJ because the letter was opened by mistake and passed on via a neighbour.

My questions are:

• Do I have grounds to apply for a set aside, given that the claim was sent to an address I have never lived at?
• I accept we overstayed by around 5 minutes and would be willing to pay the original £60 charge, but it feels unfair to be facing over £300 when I tried to resolve the matter immediately and followed the appeal process.
• Is it worth contacting Smart Parking directly at this stage?

I understand that if I pay the judgment by 17/03/2026 it will be marked as satisfied, but I would prefer to avoid a CCJ entirely, especially with a remortgage planned in the next two years.

Any advice or guidance would be greatly appreciated.

Le_Kirk

If you pay within one month of the date of the judgment it will not even make it on to your credit file, nor marked satisfied (that is only when it is paid after the initial one month period) but why would you pay it, it wasn't your fault. You certainly have grounds for set-aside if you never received the claim form BUT it might be possible to get this dealt with by a complaint to CNBC and HMCTS. It wasn't their fault, it being Smart who gave incorrect information but it might be worth a try.

SleekShrew

Thanks for you reply. I contacted the CNBC yesterday and talked to someone on the phone. I did try and explain about the address and me not living at it but they said all they could do was to text me my 3 options, Which are 1. Pay Judgement in full. 2. Dispute with N244 form 3. Set up payment plan. Is it worth emailing them?

Gr1pr

No, the options they gave you are correct

You should apply for a set aside based on incorrect service of papers due to being sent to an incorrect address

Ps, DRP are a debt collection company, they dont accept appeals

No , its not worth contacting Smart Parking

SleekShrew

Thanks I think I'm going to send an N244. My main argument for the 'set aside' is that they had my correct address to send me the debt collectors letter in 2024, but I cant seem to find this letter anywhere. I do have an email receipt from a person who works at DRP to say I had spoken to them, which is dated the 20/01/2024. Is it worth attaching this as evidence? as the only reason I would have contacted them is because I received a letter. Obviously, I also have the CCJ in default letter which has the incorrect address on it which I can also use as evidence

Gr1pr

Personally, I would study other recent set aside threads on here over the last 18 months, then apply for a set aside based on them using an incorrect address for the court claim

Or

There is a possibility of settling the case for around £35 to put the matter to bed once and for all

Don't do anything hasty, but decide which path you want to try

Forget about the debt collectors and parking company, ( ignore DCBL & Smart Parking ) your beef is currently with DCB LEGAL

Coupon-mad

Thanks I think I'm going to send an N244

Either that, or settle for £1.

Can be done and because they used an incorrect address this is probably possible.

I will send you a pm.

Coupon-mad

Good news update:

Case settled for £1 by consent. No CCJ.