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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
-
Name the private parking company claimant please
0 -
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).
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