Private Parking CCJ

brox_waggytail

Hello!
I’m looking for some advice please.

In 2023 I received a parking charge from Britannia Parking Group Limited. I had disputed it with the claimants legal representation. They claim I did not pay, and whilst I did not keep the original ticket, I can provide a bank statement showing payment to the parking operator, which was processed 4 days after the incident. It’s common knowledge for such transactions to to be processed several days after the date, and this is the only transaction on my bank statement for that location. I requested evidence from the claimant including records from the payment machine showing the vehicle registration entry and payment log (it’s one of those you have to put your registration in). They did not provide me with any further evidence and their claim only relies on their ANPR camera evidence. They were in no way helpful, and since have continued to send me multiple letters over the years. If I’m honest I gave up trying to resolve as I was getting nowhere. A county court judgement has been entered against me, and unfortunately at the time I had misplaced my letter box key and received the letter outside of the 28 day window. Once I was aware I have sent a N244 form off asking for the judgement to be set aside. They have come back to me and said the form needs to be filled correctly, I believe I did and I have resent with amends.

It’s all overwhelmingly difficult, the forms, the money and now having this CCJ on my credit score. It feels like the system is designed to be against you and big companies like this have the money to throw at it.

My questions are:

• Is there enough to my defence for it to potentially be set aside?

• Is there anyone that’s experienced similar? And how did you navigate the forms and dealing with the court?

Any other advice would be appreciated.

Thanks in advance.

Le_Kirk

Did you receive a N1SDT claim form and did you reply to it by accepting the AoS and submitting a defence? Did you move and not update DVLA with your new address for the V5C? Presumably you now have a judgment in default for not replying to the claim form.

Go to the NEWBIE sticky second post and scroll down to here: -

CCJs are different, but beatable:

HAVE YOU FOUND OUT ABOUT A CCJ (JUDGMENT FOR CLAIMANT) AND NEED IT SET ASIDE?

PAYING IT DOES NOT WIPE THE CCJ UNLESS JUDGMENT WAS LESS THEN 30 DAYS BEFORE. DO NOT PAY UNLESS YOU ARE SURE YOU'RE WITHIN 30 DAYS.

Keep reading.

Coupon-mad

"Is there enough to my defence for it to potentially be set aside?"

Don't know! We need more info.

• What exactly did you put on the N244 under "what Order are you seeking and why?"
• What did you attach? Evidence of the postal mailbox difficulty and/or a signed & dated Witness Statement?

brox_waggytail

Thank you for your comments. In answer to the questions:

• I received the claims form but missed the deadline so, I’ve now submitted a N244 to the county court asking for the claim to be set aside

• In the N244 form I submitted my witness statement asking for it to be set aside. In the statement I have wrote similar to the above, that I have proof of payment by bank statement and the company failed to provide me the relevant evidence for my appeal in which I claim I did pay for the parking.

• V5 and address is up to date

• Yes I now have a default CCJ judgement

Coupon-mad

Sounds OK then. It is on track.

There will be a hearing at your nearest county court, which your fee has paid for. This is to hear your reasons for set aside. You will need to persuade the judge that you should be allowed to defend the claim and that you have a reasonably arguable defence against the PCN, with more than 50% chances of success.

Your CCJ will be set aside if you are solid about your defence being reasonable and worthwhile to be heard.

DO NOT TALK ABOUT THE CCJ RUINING YOUR CREDIT RATING. NONONO! JUDGES WILL NOT LISTEN TO THAT, IT'S CALLED CREDIT WASHING.