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CCJ help

Hi everyone, looking for some advice regarding a parking CCJ and whether I should now move forward with an N244 set aside application.

Timeline:

  • I only recently discovered the CCJ after checking my credit file
  • Judgment was entered in October 2024
  • I never received the PCN, claim form, or court correspondence
  • The documents were apparently served to an address I was not residing at at the time
  • I have bank statements proving I was living elsewhere when the claim was issued

The alleged parking contravention was in April 2024, however I sold/transferred ownership of the vehicle in July 2023 and I have DVLA confirmation proving this.

I initially tried contacting the CNBC/CNBCB in February to get information regarding the CCJ but never received a reply, so I then contacted DCB Legal directly and emailed their info, complaints, advice and response teams.

In my original email, I:

  • disputed the judgment
  • explained I never received the claim
  • requested copies of all correspondence/evidence
  • advised I was considering a set aside under CPR 13.2 / 13.3
  • asked whether they would consent to a set aside

DCB Legal then replied asking me to provide evidence showing where I was residing when the claim was issued. I sent:

  • proof of address/bank statements
  • DVLA confirmation showing I was no longer the registered keeper before the alleged contravention

I then received another response stating:

  • the CCJ has already been entered
  • liability has already been determined by the court
  • they will not review my evidence further
  • I should seek independent legal advice
  • and they are demanding payment to avoid enforcement action

They completely ignored my question regarding whether they would consent to a set aside.

Given the circumstances:

  • not living at the service address
  • no knowledge of the claim
  • acted promptly once discovered
  • DVLA proof vehicle sold prior to contravention

Would my next step now be:

  • sending one final email asking them to confirm consent/refusal to a set aside,
    or
  • proceeding straight to an N244 application?

Also, does this sound more like a CPR 13.2 mandatory set aside or CPR 13.3 discretionary one?

Any advice would really help as this is seriously affecting my credit file and ability to obtain housing/finance.

Comments

  • Gr1pr
    Gr1pr Posts: 16,111 Forumite
    10,000 Posts Second Anniversary Photogenic Name Dropper

    Name the private parking company claimant please

  • Coupon-mad
    Coupon-mad Posts: 165,651 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 23 May at 2:14AM

    This is a CPR 13.2 mandatory set aside. However I'll send you a pm.

    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 THREAD
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