Will I stand a chance if I try to get this CCJ set aside? HELP!

[pw2121]

Hello,

I was completing a credit check after being refused to get a specific type of finance and to my horror I found out I had been issued a CCJ on the 2/10/18.

After ringing Northampton they informed me that the CCJ was issued over a parking ticket issued on the 30/01/17 by JD parking. All correspondence to do with this had been sent to a previous address, and even when I was living at this address at the time of the alleged incident I never received any letters about receiving a parking ticket. Now the location that this occurred was at my friends flat where he has a parking permit that was in my car at the time. I have received the evidence from JD parking's solicitors and there are a few reasons why I think their evidence is not credible, firstly the photo of the windscreen is not a full photo and has clearly been taken to omit the parking permit from the photo, the timestamps on the photos have also clearly been manipulated and added after they were taken - the timestamps state it is 22:45 yet in the photo you can tell it is the middle of the day, not that the time makes a difference to being allow to park their it just shows they are not credible. (if anyone wishes to see the photos I am more than happy to share them). I am on the electoral role and I pay council tax and many other utility bills so I feel like they have not even tried to find me in my absence of a reply and just let it all happen.

I know I need to fill out a N244 form but I need help to make sure I complete all the sections correctly and that I have a strong chance of being awarded with it being set aside. My hopes is that I can get the money for the N244 for back from either JD parking or their solicitor and also having their claim thrown out for being absolutely false. After reading the guide on this site I should also contact JD parking and ask for their consent to set aside? this seems bizarre because they are surely going to say no?

I am looking to be applying for a mortgage in the next few years and fear that this will seriously affect my chances of being successful, so thank you for all and any help.

[R0b]

Hello

I would suggest you have a read of the link below, and familiarise yourself with the initial steps to take. first step would be to write to them and seek their consent to setting aside the default judgment. I have an example letter floating around somewhere, will see if I can dig it out. Also who is their solicitors, BW Legal, Gladstones, QDR Solicitors?

https://legalbeagles.info/forums/for...tailed-version

[pw2121]

Hello

I would suggest you have a read of the link below, and familiarise yourself with the initial steps to take. first step would be to write to them and seek their consent to setting aside the default judgment. I have an example letter floating around somewhere, will see if I can dig it out. Also who is their solicitors, BW Legal, Gladstones, QDR Solicitors?

https://legalbeagles.info/forums/for...tailed-version

Thank you, the solicitor is Gladstones - what are they normally like with this kind of thing?

Yes please that would be great and is what i'am struggling at writing, I don't know if I should include the reasons why i'm asking them to consent and the tell them why I shouldn't have been given the fine in the first place or is that for court?

And what happens if they don't consent, is that my chances over?

Thanks in advance!!

[pw2121]

Found this example letter from another post! should I include 3)? Its me stating why I should not have received this PCN in the first place? If not when would this kind of thing be mentioned? Also can it be emailed or does it have to be posted? Thank you in advance

"Dear JD Parking,

Reference: Claim xxxxxxxxx JD Parking v xxxxxxxx
Your Reference: parking ticket ref from POC

I have recently become aware of a County Court Judgment in Default obtained by yourselves/your client on 2nd October 2018 for an alleged private parking charge from 30/01/2014 for Vehicle Registration xxxx xxx.

I am writing to request JD Parking/your client consent to set-aside the Judgement. I am currently drafting my formal application to the court to request the judgement be set-aside pursuant to CPR 13.3 for the following reasons;

1) According to your Particulars of Claim in the case the alleged incident took place on 30/01/2017. At this time, DVLA records would show that the vehicle xxxx xxx, was registered at my current address, with myself as the registered keeper.
2) I have never received any communication from JD Parking and was entirely unaware of any Private Parking Charge being made against my vehicle until finding the CCJ registered against me when checking my credit file, and obtaining copies of the original claim and judgement document from the court.
3) After reviewing the evidence received from your solicitor it is clear that I should not have been issued with a private parking charge, I had a permit to park where I did but that was blatantly omitted from the photo taken of my car parked in the bay. The time stamps have also been manipulated and added on after the photos were taken, there is no seconds displayed and the time stamps state it to be 22:45 which is clearly wrong as it is broad day light outside, this proves your evidence is not credible enough to have served me with this private parking charge.

According to publicly available information my circumstances are far from being unique. The industry’s persistent failure to use correct and current addresses results is an unnecessary burden for individuals and the justice system across the country. This is a topical issue: I note that the Justice Minister The Rt Hon Sir Oliver Heald QC MP announced on the 23rd December 2016 a consultation and information campaign to help protect consumers from debt claims. The consultation will look at ways to; better protect consumers who are sent mail to inaccurate addresses and verify addresses again before a claim is sent. The Minister added that In the digital age, we must ensure companies pursuing unpaid debts make every reasonable effort to contact individuals, rather than simply relying on a letter to an old address.

I therefore request you/your client consents to set-aside the judgement and provides me with all documentation / information relating to the original parking charge so that I may consider my position. Had I received the original charge it is likely it would have been settled immediately.

You will be aware that this application without consent will cost a £255 court fee. As it is your/your clients failure to take reasonable care that any letters and the subsequent court claim were issued to the correct address I will be asking the court to order you/your client pay the costs of the application along with any further costs allowed by the court.

I look forward to hearing from you/your client within 7 days after which time I shall be submitting my application to the courts.

Yours sincerely


xxxxxxxxxxxxx"

[R0b]

Most of the content is fine in principle, but some I don't think is necessary like the reference to consultation.

I've attached a letter I've used before, whether you want to use the above letter or mine or boht is entirely up to you, but all I would say is that you need to keep it factual and relevant.