One Parking Solutions Progresses to CCJ and Impacts Credit

[PeterLayton]

Hello Everyone,

Thanks in advance for any help.

**posting here due to the advice of another awesome member ***

After being really silly and taking advice from friends. I ignored a car parking fine which later materialized into a CCJ against. There had been a lot of issues with a particular parking management company and in summary, the said parking company lost its contract at a car park. It even made the media. At this time, most people in the same situation as me were advised on facebook etc to just ignore the parking fines!!! Silly me!

So a CCJ was issued to be dated 08 April 2020 with the claimant being One Parking Solutions and the debt collection company being DCBL Legal

theargus.co.uk/news/17799021.39-greggs-car-park-39-management-stripped-contract-complaints/

A few facts about the case;
The vehicle used was a works vehicle (sign written flatbed van) that was registered to my name and address (it should have been to the company but found out this way it was registered to me personally)
The van was parked slightly over a line
I have completely ignored all letters (I know, I should have known better)

2 years later I am trying to get a mortgage and struggling because of this silly parking fine.

So, is there a way to get the CCJ set aside or removed? Does anyone have experience of this?

To be honest, I am at fault, I ignored everything and I just want to pay what I need to and get agreement to set aside if possible.

I am able to pay the debt and the CCJ but I understand that this does not remove the CCJ against me but just showed as settled.

As this company (one parking solutions) was removed due to public outcry - do I have a leg to stand on at this point to defend a case against the CCJ

A million thanks to anyone who might have some suggestions to follow or research

Regards,

[R0b]

The legal position is that if you were aware of the claim and received a CCJ but did nothing about it, then you have no leg to stand on. The courts will not assist those who refuse to engage and now at a later date want to repair their credit file because the CCJ affects them.

Options available:

1. Make an application to set aside the CCJ on one or both bases:

a. CPR 13.2 where there has been a procedural error on the parking companies part. For example the common reason for setting aside is that the parking co. failed to ascertain the defendant's last known address. A set aside is under this rule is mandatory and the court does not have discretion to set aside because there was a procedural error.

b. CPR 13.3 there is some other good reason why the judgment should be set aside. Poor credit rating is not an excuse so I would not even bother trying to argue that. Promptness is one of the criteria under this rule and 2 years with knowledge would mean you would not be seen as prompt. I don't believe you stand any ground attempting this option with the court based on what you have said.

2. Offer to pay the judgment sum on condition of agreeing to set aside the judgment and then dismissed at the same time which would be done via a consent order in the hope the court will rubber stamp it. Not always guaranteed and judges can see through these things, and in my experience I have seen judges order a hearing for explanation why the CCJ should be set aside. Note that there is absolutely no obligation for the parking co. to agree to a set aside nor can you order them to do so.

3. Pay up and obtain receipt from the parking co. then make an application to the court to apply the judgment as satisfied. It softens the blow but you will inevitably be affected with mortgage providers and rates.

[PeterLayton]

The legal position is that if you were aware of the claim and received a CCJ but did nothing about it, then you have no leg to stand on. The courts will not assist those who refuse to engage and now at a later date want to repair their credit file because the CCJ affects them.

Options available:

1. Make an application to set aside the CCJ on one or both bases:

a. CPR 13.2 where there has been a procedural error on the parking companies part. For example the common reason for setting aside is that the parking co. failed to ascertain the defendant's last known address. A set aside is under this rule is mandatory and the court does not have discretion to set aside because there was a procedural error.

b. CPR 13.3 there is some other good reason why the judgment should be set aside. Poor credit rating is not an excuse so I would not even bother trying to argue that. Promptness is one of the criteria under this rule and 2 years with knowledge would mean you would not be seen as prompt. I don't believe you stand any ground attempting this option with the court based on what you have said.

2. Offer to pay the judgment sum on condition of agreeing to set aside the judgment and then dismissed at the same time which would be done via a consent order in the hope the court will rubber stamp it. Not always guaranteed and judges can see through these things, and in my experience I have seen judges order a hearing for explanation why the CCJ should be set aside. Note that there is absolutely no obligation for the parking co. to agree to a set aside nor can you order them to do so.

3. Pay up and obtain receipt from the parking co. then make an application to the court to apply the judgment as satisfied. It softens the blow but you will inevitably be affected with mortgage providers and rates.

Hi Rob,

Thank you soooo much for taking the time to respond. Part of the issue is that I had moved back with my parents to a block of flats where the post was communal. I received the parking papers but not the court paperwork. I'm not sure if that provides any grounds for a dispute however, it was only ever brought to my attention when I've tried to apply for a mortgage (sadly). Had I been served the paperwork in my hands and I saw it was a CCJ I would have intervened.

Do you think this could be part of the defense as to why I never intervened?

I do think that option 2 sounds best for my situation possibly with a back up defense regarding the postage situation in the block of flats where I am living.

I also think paying for a solicitor to manage the process with DCBL might be best rather than me trying to do something like this!

I have no issue in paying the debts back and really want to do this!