Hi all,
I’m looking for some advice regarding a CCJ and a set aside application I’ve submitted.
Background:
Claimant: Smart Parking Ltd (via DCB Legal)
Judgment amount: £531.81
Alleged parking contraventions: November 2020
I only became aware of the CCJ when I checked my credit file earlier this year. I had not received the claim form or any prior correspondence.
At the time the claim was issued, I had already moved address, and the claim was sent to my previous address.
The vehicle in question was also scrapped in 2021, and I have a Certificate of Destruction.
After discovering the CCJ, I acted promptly and submitted an N244 application to set aside. The application has now been processed and transferred to Leeds County Court, and I am awaiting a hearing date.
I also contacted DCB Legal:
Initially informed them I had not received the claim and asked if they would consent to set aside
Later informed them the application had been filed
They subsequently sent a notice of enforcement to my correct address, which was the first correspondence I received by post
My questions:
Given the claim was served to an old address, but may have been the “last known address”, how strong is my position for set aside (CPR 13.2 vs 13.3)?
Does the fact they were able to locate my correct address shortly after (for enforcement) strengthen my argument that reasonable steps should have been taken earlier?
If the set aside is granted, what is the usual next step with these types of parking claims (Smart Parking / DCB Legal)?
Do they often discontinue?
Or is settlement more likely?
Is there anything else I should prepare for the hearing beyond a witness statement and basic evidence (proof of address, certificate of destruction, etc.)?
