Help Re Setting Aside 2x CCJ

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Hello everyone
Firstly apologies for being that first posting newbie frantic about his CCJ's.
I have read through the thread already to keep myself informed on the process and what is required of me but as I'm treading in new waters completely I would really appreciate some help /Advice re my CCJ's. I found out about these when applying for a loan around the 29th of September.

My CCJ's are from BW Legal and Parking eye respectively received one on 04/12/2018 and 15/02/2019. (£197.00 for parking eye and £253.00 for BW Legal).
Date of contravention for BW legal fine was 2/07/2017
Date of contravention for Parking Eye: 04/07/2018 - ticket given due to parking at a Grovesnor Casino however I was a patron there on this day (Grovesnor has proof of this)

When these contraventions occurred and when the letters were likely to have been sent out - I was at the time a medical student. In the 6 years of my training I was studying in Southampton, 6 different addresses there. When I assume the CCJ's were sent from the dates stated - I have been working as a qualified doctor in Hospital. As part of working in the NHS during my training I am required to work where placed and this was in 2 different cities over 2 years in the midlands - during this time I then had 3 different addresses. Due to the constant moves I have missed the letters sent to my address combined with the nature of my work - I had a fairly hectic schedule. I am not contesting the parking fine itself but to have it set aside due to no knowledge of them in the first place.

My V5C is registered in my with my parents where I used to reside before I moved out for my studies/work- I had not updated this as I figured I would return back to this address eventually after my studies / training, in hindsight this was obviously silly and I am aware now of my mistake in not doing so. The letters probably went to this address and as I had been home so infrequently and rarely it was possible for this reason it was missed. I have not been able to even find these letters. I have evidence of the various house contracts I have accumulated in the last 8 years. The dates of both the CCJ's satisfy one address in Nottingham where I was working at the time. I was not registered on the electoral roll here. The only way I guess I was "to be found" at this address is I paid council tax here. My bills went through my housemates name.

I do need to say though that when I found out about the CCJ's through experian - my lack of knowledge of firstly the CCJ itself and around the entire topic on what to do sent me into a bit of a panic. I unfortunately called the agencies who had issued the CCJ's to pay them so they appear satisfied on my account. I didn't even know I had grounds to have them set aside. I have read on here now that this is not what you should do...

I contacted a solicitor who looking at my case was confident I should have this set aside especially with no problems from parking eye however I was being charged £2500. I did wonder if this is something I could do myself through looking at these forums and reading up on the legal side of things

I have since contacted Parking Eye / BW Legal requesting consent. ParkingEye has refused (I will post their reply in a comment below) as I have paid already. Still awaiting BW Legal. I am a bit panicked following Parking Eye not consenting for the set aside and was wondering if both of these sound like lost causes or if I should get a solicitor to help me with this?

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ParkingEye response:

Good afternoon,

We write regarding the above referenced Parking Charge and subsequent county court claim.

As you will be aware, ParkingEye issued the claim referred to above to recover the outstanding amount. However, as no defence was filed, nor was full payment received within the applicable time frame, the court granted a default judgment in ParkingEye’s favour.

We can now confirm that we have received your payment of £267 on 23/09/2020 and we consider this matter closed. Please note that we will provide this information to the court in due course, so that they may update their records, but this may take some time to be processed as the court works in arrears.

Please note that the judgment issued by the court should have stated as follows:

"Details of this judgment will be entered in a public register, the Register of Judgments, Order and Fines. They will be passed to credit reference agencies, which will supply them to credit grantors and others seeking information on your financial standing. This will make it difficult for you to get credit. […] If you pay in full within one month, you can ask the court to cancel the entry on the Register […] If you pay the debt in full after one month, you can ask the court to mark the entry on the Register as satisfied […]”.



You may also wish to provide a copy of this correspondence to the court as proof of your payment.



If you wish to apply to have the judgment set aside then you can do so by filing an N244 form. Please note that such an application will require the payment of a court fee of £255 (payable to the court) and that there is no guarantee that the judgment will be set aside. This will also involve a hearing in front of a Judge.

In certain circumstances, individuals may not have to pay a fee. A system known as the remission system is available to those who would have difficulty paying a fee and meet the appropriate criteria. It is for you to make the appropriate enquires about this system and details can be found at: https://www.gov.uk/get-help-with-court-fees

Yours faithfully,

ParkingEye Enforcement Team

[R0b]

Instructing a solicitor is going to cost you much more than the cost of these judgments you have to pay. If you value a clean record then you may wish to pay the solicitor. However, nobody can guarantee that the judgment will be set aside because you have already paid - it is akin to an admission of liability.

Options are limited for setting aside because you’ll need a good reason as to why it should be set aside. The problem is that when default judgments are set aside, the case reverts to the position where you have to file a defence.

Here’s the kicker, how can a defence be filed if you have already paid the judgment amount? ParlingEye would have to effectively hand over the cash you’ve paid to them and then start again. I just can’t see a court or judge making an order like that, not to mention the fact you are trying to cleanup your credit rating which is not normally a good reason to set aside a judgment.

It is not without its risks but the onus is on you making the application to explain why it should be set aside.