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Live cases legal advice => Private parking tickets => Topic started by: janebolton123 on November 03, 2023, 12:55:42 pm

Title: Re: CCJ for parking charge notice appeared on credit report this week
Post by: DWMB2 on November 03, 2023, 01:27:50 pm

Now that you have been issued a County Court Judgement, some of your options are:

• Do nothing: the CCJ remains on your credit record for 6 years, with associated impact on your credit worthiness etc.
• Set Aside with consent: You get Euro Car Parks to consent to a set aside. This costs around £100, and Euro Car Parks are likely to insist you pay the £277 for them to agree to this.
• Set Aside without consent: Costs the £275 you mentioned, and reverts the case back to the claim stage, where you get chance to put forward any defence. You can ask the judge to make the parking company repay the £275 if you win - although this isn't guaranteed.

Although you presumably didn't let Euro Car Parks know that you had moved address, having received no response to their letter before claim one can argue they should have done a trace to check your address was still up-to-date. The GOV UK website will have some practical details on the CCJ set aside process. You should also have a search on the PePiPoo forum and the MoneySavingExpert private parking forum for examples of set aside cases.

Title: CCJ for parking charge notice appeared on credit report this week
Post by: janebolton123 on November 03, 2023, 12:55:42 pm

This week I discovered a CCJ for £277 on my credit report. This is in relation to a parking charge notice from Euro Car Parks, due to an incident in 2020 where I drove into a car park, spent 12 minutes attempting to pay for parking, and when I found the machines, phone number, and app non-functional, removed my car from the car park. I appealed the PCN at the time, and while the appeal was not successful, I didn't hear anything further from Euro Car Parks.

Turns out this had been escalated to court. I would have been happy to explain my case to the judge, but was never given an opportunity to do this as I was unaware of the proceedings. Euro Car Parks provided a document with all payments made on the day during the appeals process, and it is clear no payments were made during the 12 minutes I was on site. I also have a witness statement to support that the payment system was faulty. I infer the correspondence about court proceedings were sent to my old address, despite the fact that I updated my address on both my licence and logbook when I moved in 2021.Now I hav a CCJ, and the due date to make the payment is Nov 17.

I just wanted to know if anyone is in a similar situation, and what I can do to get an opportunity to present my case to the judge and/or have the debt cancelled. I understand there is a setting aside process, but this requires me to pay a fee of £275, and would remove the CCJ, but leave the debt in place. It does not seem right to me that the notice was incorrectly served, and this judgement took place without my knowledge.

I am planning on writing to the solicitors, but just wondered what exactly I should be requesting. Are they able to drop a claim that has already been approved by a judge?
Really appreciate any help.