Courts are cautious about set-aside applications that appear to be motivated primarily by a desire to "credit cleanse", especially when there has been a significant delay in making the application. Under the Civil Procedure Rules (CPR), particularly CPR 13.3, an application to set aside a default judgment should be made promptly after you become aware of the judgment.
In your case, since you discovered and paid the CCJ in April 2022 and are now seeking advice more than two years later, the court will question the promptness of your application. The courts generally expect applicants to act swiftly to address any judgments they believe were wrongly entered.
You would need to provide a compelling reason for why you did not apply sooner. Simply being unaware of the set-aside process is unlikely to be sufficient, but if there were exceptional circumstances, such as serious illness or other compelling personal issues, the court might consider them.
If you can demonstrate that the claim form or court documents were not served correctly, perhaps because they were sent to an old address despite the claimant having reason to know your new address, you might have grounds for setting aside the judgment under CPR 13.2.
The court will also consider whether you have a real prospect of successfully defending the original claim under CPR 13.3. If you have a strong defence, for example, if the PCN was issued incorrectly or the parking terms were not clearly displayed, this could support your application.
If the court perceives that the sole purpose of your application is to remove the CCJ from your credit record, without substantial grounds for a defence or procedural error, they will be less inclined to grant the set-aside.
You would need to emphasise any legitimate reasons for setting aside the judgment beyond the impact on your credit record. Providing evidence of procedural failings or a strong defence would mitigate this perception.
You might consider contacting UK Car Park Management (UKCPM) or their solicitors to see if they would consent to the judgment being set aside. This is more likely if you can present a reasonable argument or if there was a misunderstanding.
While it doesn't remove the CCJ, you can add a 'notice of correction' to your credit file explaining the circumstances. This allows potential lenders to consider your explanation during credit assessments.
So, while the court may view a delayed set-aside application skeptically, especially if it appears to be an attempt at credit cleansing, there are still some avenues to explore if you have legitimate grounds. However, the significant time that has elapsed since you became aware of the CCJ does present a hurdle.
It's important to weigh the potential benefits against the costs and likelihood of success. IANAL and it may be worthwhile obtaining professional legal help in order to navigate this process and determine the best course of action based on your specific circumstances.
