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Live cases legal advice => Private parking tickets => Topic started by: Wafflez101 on December 22, 2023, 11:14:37 am

Title: Re: Successfully had CCJ set aside. No what do I do?
Post by: H C Andersen on December 24, 2023, 11:02:07 am

The judge has ordered that I submit a defence by a certain date.

Then this is what you must do and not ponder your own question regarding 'So do I need to wait for the CCJ letter to come through?' which must be wrong because how would the judge know when the claimant would initiate another claim?

The details of the judge's order pl.

Title: Re: Successfully had CCJ set aside. No what do I do?
Post by: Fluffykins on December 22, 2023, 06:52:20 pm

What is your ownership of the apartment? Owner with a lease? Tenant? Does your lease/tenancy agreement specifically allocate "your" space to you? How does it do that? Are the bays numbered or described on a plan that is part of the document? What, precisely, does your lease/tenancy agreement say about parking. Does the document also state that you have a right to "quiet enjoyment" or similar. Wording verbatim would be useful.

Title: Successfully had CCJ set aside. No what do I do?
Post by: Wafflez101 on December 22, 2023, 11:14:37 am

I recently had a CCJ set aside. The judgement was sent to an old address, so I had no idea about it until I checked my credit report. The original claim was for 2 parking tickets. One of which i was in my own space in our apartment complex, but the parking pass had slid down my dash and what partially out of view. I disputed this with them proving it was my right to park in the space by sending them a copy of my pass. The second, I was parked in a loading bay at the front of our flats at the height of the Covid lockdowns. I was in the process of moving out over a number of weeks and it was far easier to load goods here rather than the car park which was quite a walk away.

My questions is now that I have had it set aside. The judge has ordered that I submit a defence by a certain date. It was my understanding that the claimant would have to reapply for the CCJ? So do I need to wait for the CCJ letter to come through? As it may be they have retracted their application based on it being set aside. Also if anyone can give any advice on how to structure a defence that would be really helpful? Or general advice. Thanks for reading.