Please help - CCJ from parking fine wrong address

Le_Kirk

Thanks @Castle just as relevant.

@jemztone01 have a read of this thread:-

https://forums.moneysavingexpert.com/discussion/6567529/ccj-set-aside-question

Castle

Unfortunately there's a very large problem since it is National Car Parks, (NCP).

As they are in administration getting your £313 back is going to be very difficult.

Coupon-mad

"The PCNs were issued by NCP."

Whom you'll have seen from the national news, went into administration the other day.

Ok I understand the basis of CPR 13.3

But you aren't using that. I already explained the huge difference. No discretion!

Coupon-mad

https://forums.moneysavingexpert.com/discussion/comment/81929854#Comment_81929854

No because DCB Legal pay all the fees & orders, then charge the companies.

jemztone01

Hi,

Unfortunately I’m still having a massive headache getting my head around this. I want to strengthen my case as much as possible so I want to get help from a solicitor (I have read the threads and I understand the jist of everything but I really feel out of my depth with the medical jargon and I am just not comfortable doing it without specialist knowledge).

I have contacted multiple solicitors and they are all saying the same thing, in that:

CPR 13.2 will not work as the judgment has not been entered in error. I did technically breech the parking terms so I was rightfully issued one. So that is not a defence.

CPR 13.3b can be applicable as I did not receive my claim so I could not have responded. However, this is risky as again, logbook at the time was not updated at the time of offence and NCP had no obligation to check thereafter (even though they should have). If I go down this route, Moorside will make it more difficult for me as I have not paid them. Apparently the court always tries to back the claimant.

All these solicitors are advising me for my best possible outcome, to pay the debt, get a consent order through litigation and then apply to the court for CCJ removal. I have been told this can be cleared in as little as 4 months and I won’t have to attend a hearing.

I am so tired of this now and it’s really getting me down.

Le_Kirk

This forum does not recommend use of solicitors as they are expensive and not well versed in the intricacies of parking law. As well as the threads I've pointed you to, you could read this current thread complete with WS and draft order (obviously changing details to suit your case).

Current set-aside application

Coupon-mad

https://forums.moneysavingexpert.com/discussion/comment/81930812#Comment_81930812

The solicitors are wrong. I hope you didn't spend any money on that!

😒

Believe us, parking cases are different. We do set asides every week or so, and NEVER FAIL to get the CCJ set aside, in parking cases where an old address was used.

99% of PCN cases are then discontinued if the judge hasn't already struck them out. And almost everyone gets their £313 back except the odd person who forgets to ask the judge!

Coupon-mad

I'll send you a pm - please read it!