Too late to appeal after default CCJ judgement

[LadyV]

In 2016 I got a parking charge notice on private car park. In December 2021 DCB legal on behalf of UK parking control submitted a court claim. I responded to the claim form asking for 28 days to submit my defence. I then missed the deadline, and a CCJ was issued in default. I need to pay it within one month to cancel it. Is it too late to apply for it to be set aside? Should I pay it anyway?.
My defence would be that there were no markings on the ground, I have photos, and the PCN was for parking outside lines.

[EnglandPi]

Unfortunately we are living in strange times, The courts are not working as they should and everything is taking longer than it did pre-covid.

Although the courts sometimes allow the late filing of documents it is not a given as officially deadlines have not been extended.

Personally I would ensure it was paid within the month to stop the CCJ showing on my credit file.

[LadyV]

Thanks I've paid it now, as it is still within the month. Does that mean I can file any defence, or is it too late?

[AndrewC]

It's not too late to apply to have the CCJ set aside. The fact that it's been paid means it's cancelled from the Register. You will however need to act promptly.

The court rules don't define promptness and it will depend on the circumstances of your case. The court will consider:

• When you found out about the CCJ (you can't be expected to apply to remove a CCJ you're not aware of)
• Whether you could have made the application sooner
• The reasons for any apparent delay

If you make your application within a month, it's very likely that a court will say you've acted promptly.
If you wait longer than a month, a court may still find that you've acted promptly but it will be more risky. The judge in Hart Investments v Fidler [2006] EWHC 2857 said that a delay of 59 days in making the application was "very much at the outer limit of what could possibly be acceptable".[i]

Once judgment is set aside, you can then put in a defence. However, the claimant is unlikely to pursue the claim if you've already paid. They can discontinue and that's the end of that.

You can however then issue your own claim against them to claim your money back. You may feel it's not worth it.

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[i] Hart Investments v Fidler [2006] EWHC 2857 (https://www.bailii.org/ew/cases/EWHC/TCC/2006/2857.html)