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Please help - CCJ from parking fine wrong address
Hi,
I have read many threads related to this, however there doesn’t seem to be anything directly relating to my situation.
I really don’t know what to do because I am not versed with this type of law at all and solicitors I’ve reached out to are advising on different things. I have asked for free legal advice however I haven’t heard back yet. I really want to sort it ASAP.
Backstory:
Moved into current address November 2024
January 2025 - parking “offence” occurred at NCP car park. (Note, as I have recently checked this, I did actually pay for parking, however I did at the wrong pay station. I have email confirmation of the parking I paid for).
March 2025 - I updated my logbook to my new address as I got a new car
PCN notices were sent to my previous address which was on my V5C logbook
December 2025 - CCJ issued. Again, I did not know as this was send to my previous address
A few days ago: noticed I had a CCJ on a recent credit score check. Verified by calling county court. They gave me details of the claimant, Moorside Legal, who when I called asked for a payment of £284
I have contacted many solicitors regarding this. They are all advising me different things. So I am really confused as I can’t trust someone who’s biased. These seem to be my 2 options:
1. Make a set aside to the court. £313 will be the free and I pay my solicitor £299 to help draft the evidence and put my case together.
2. Pay my £284 fine to Moorside Legal, and then pay £599 for the solicitor to mediate and get a consent order to help remove my CCJ. I would also have to pay £123 in court fees
I really don’t know which would be the better option. It’s a massive financial hit to me, but I want the CCJ gone as I am wanting to buy my first home soon.
A friend has told me that it may not be so bad if I simply pay the £284 so that the CCJ is satisfied, and speak to a financial advisor on how much it would actually affect me. I have heard that it can also increase car insurance premium and rentals.
Any help would be really really appreciated!
Comments
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Have a read of the advice in NEWBIES Announcement thread, POST 2 - Small Claim, scroll to the section:
HAVE YOU FOUND OUT ABOUT A CCJ (JUDGMENT FOR CLAIMANT) AND NEED IT SET ASIDE?
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Hi,
I have read this, and the only thing mentioned on these is setting aside.
I would like someone to help me determine whether setting aside would be best (with no consent order from claimant) or paying the CCJ, getting consent order from claimant and then paying court fees for it to be removed. It seems like nobody is touching on this particular option, and a lot of the solicitors I’ve spoke to are saying this option.1 -
What was the date of issue for the claim form?
1 -
You do not need a solicitor! Your free information is on this forum. Your options are: -
Pay the £284 but as you have discovered this will only mark it as "satisfied" leaving you paying premium rates for insurance etc and having difficulty in getting credit and/or a mortgage for six years
Apply for set-aside; costs £313 unless you qualify for help with fees; you may get back the £313 depending upon the strength of your argument in your witness statement. You still don't need a solicitor.
You write that you did not update your V5C so this is the sticking point. It is your responsibility to do so; however, the PPC has a responsibility to check your address before submitting the initial court claim if they did not receive any response to letters sent to the address registered with the DVLA - see VCS vs Carr
4 -
do you mean the date of the parking offence or the CCJ?
parking offence was January 2025, CCJ issued December 20250 -
thanks @LeKirk
That is really helpful.
I am worried about doing a set aside without help from a solicitor as like I said, I am not well versed in law.I have heard about CPR 13.3 which states Cases where the court may set aside or vary judgment entered under Part 12 –(b) it appears to the court that there is some other good reason why
and Carr v VCS as you mentioned.How difficult is it do complete a N244 for a beginner? Without a solicitor to help draft? Is there a step by step guide or anything that could help? I would want every chance of it being successful.
0 -
The Claimant isn't Moorside Legal. That's the solicitor firm. Who is the Claimant?
It seems like nobody is touching on this particular option, and a lot of the solicitors I’ve spoke to are saying this option.That's because they are assuming there is a debt to be paid anyway. You'd be daft to do it that way as it'll cost you hundreds and might still be refused. Consent Orders aren't just automatically accepted.
We know differently because we know almost nobody ever has to pay a private parking firm. Most people who apply to set aside a CCJ get all their costs back and never pay the PCN either.
All cases are successful in wiping the CCJ because you are talking about an old address which means it's not relying on CPR 13.3.
You are relying on CPR 13.2 which is a mandatory set aside. No court discretion.
You can eeeeeeeeeasily do this!
Read a few CCJ threads already completed. To find loads, search the forum for these words AND FIRST CHANGE TO FILTER RESULTS TO NEWEST:
CCJ Draft Order VCS Carr
PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD2 -
Apologies. The PCNs were issued by NCP.
Ok I understand the basis of CPR 13.3, however will they not argue and say it was my responsibility to update my V5C? Solicitors that I’ve spoken to say that most get rejected due to this. It did worry me.
I did update it 2 months later in march 2025, yet they did not check this as they sent the claim for CCJ in November (I was told they do this a month before CCJ is issued).I don’t know whether it would also strengthen my case by the fact that I did pay for parking at the time, just at the wrong location (both were NCP though, so they still got their money!)
I will try and find a good template for writing the N244. Is there any help I can get with writing my statement? What to include, what not to include/would be irrelevant, anything I need to cite? How to word it/lay it out?
0 -
No; I was actually thinking about the 4 months rule for service of the claim and therefore 13.2.
3
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