Advice Needed for Unknown CCJ- Parking Fine

[Harrybear]

Hi LegalBeagles,

After checking my creditfile last week I discovered an unknown CCJ on my file for a parking fine (private company) . All correspondence was sent to my previous address. I have rang the CC business centre and the judgement for the parking ticket dates back to September. I would obvious like to get it set aside as I just about to re-mortgage.

Here are the facts-

-The parking ticket was for a company parking space I was working for at the time (I may have forgot to display my permit that day but can assure you the space is paid for by the company)

-My car wasn't registered at my current address at the time of the ticket (March) but I had switched it on the V5C before September (the time of the judgement)

- I was on the electoral role at my current address the whole time. I switched this on the day of moving.

My questions are should I appeal this and attempt to have it set aside? It is my understanding that I cannot get it removed by paying it anymore as it has been past a month? Do you think I have a strong enough case to appeal and win? And also it costs £275 for the application to appeal- can I claim this back at the same hearing for setting the CCJ aside?

Thanks in advance- any advice would be much appreciated.

[AndrewC]

You may have a defence if you had permission to park there, even if you didn't display your permit. It depends where your right to park derives from. For example, does it say in the contract with the company that you can park there? Is it conditional upon you displaying the permit?

It's likely that the CCJ is valid because the parking company obtained the address from the DVLA. You can argue that they should have done another check at the time of issuing the claim but my experience is that the court will say it's reasonable for a parking company to rely on information received from DVLA.

That doesn't mean you can't get it set aside. You can if you act promptly. The court needs to be satisfied that you either have a good defence or some other good reason to have it set aside.

A CCJ on your credit file has a serious detrimental impact on your financial situation. A court usually recognises that this is unfair if you weren't aware of the claim against you. This unfairness is a good reason for the judgment to be set aside but you must act promptly.

For example, in the case of Godwin v Swindon Borough Council [2001] EWCA Civ 1478 at [49], the Court of Appeal judge said:

"The court therefore has sufficient power to do justice in these cases and will, no doubt, normally exercise this discretion in favour of a defendant who establishes that he had no knowledge of the claim before judgment in default was entered unless it is pointless to do so. The defendant, for instance, may have no defence to the claim, but may justifiably want to have the judgment set aside on the basis that, had he known about the claim, he would have satisfied it immediately without having an embarrassing judgment recorded against him."

This is one of the most common reasons for setting aside judgment.

To answer your questions, you can't appeal as such. It's an application to set aside the judgment, rather than an appeal. It's likely that you'll succeed if you act promptly. If you do, costs are at the discretion of the court but the usual rule is the loser pays the costs of the winner.