CCJ issued for Parking in my own space

[HuHop]

Hi,

I was hoping some of you could advise, and point me in the right direction to get my CCJ set aside.

I own a flat which also has car parking spaces which I own under the contract of my lease.
Last year a car parking enforcement company 'Parking and Property Management' was hired to stop unauthorised vehicles and people that do not own a property in the vicinity from parking. I failed to display my parking permit twice. A parking ticket was issued and left on my windscreen both times, after taking advice found on the internet, I decided to ignore this and some of the letters demanding money. Why should I pay to park in a space I own.

The parking company then referred the case to Gladstones solicitors, cutting a long story short I have now been made aware of a CCJ on my file. I paid the debt of £436.00 when I received a letter stating the debt is now with the DCBL but at this point was unaware of the CCJ which stated the debt should be paid before 10th September. I paid this debt in full and expected that to be the end of it. A few days later applying for a mortgage I ran a credit check and found a CCJ was applied on the 01/08/2018.

I have done a lot of research into this and found a number of threads and forums explaining Parking company's are actually trespassing in applying a ticket to my windscreen and the terms of my lease override any agreement between management company and the parking company. They have no legal standing to bring the claim against me as signs as considered to be prohibitive where a breach would amount to trespass. The signs do not create any contractual agreement between myself and the parking company. Am I also right in thinking this goes against the 'Quiet enjoyment of the demised premises clause in my leasehold agreement? As I have the right to enjoy my parking space, surely I have no obligation to display a permit and certainly not pay a penalty.

We have also asked to purchase further permits to allow visitors to park in many of the empty spaces, however this has been declined.

I have read advice, saying to email the parking ticket company for there consent to set the ccj aside and hopefully the court will agree.
I have researched the application form to apply to have this set aside.

Could someone help, any advice would be greatly appreciated. What should my next steps be? I really cant have or afford to have this CCJ on my file, I also think this is for a very unfair reason.

Thanks in advance,

[Amethyst]

There is some info on setaside here ( which it sounds like you've already looked at) Set Aside Application


Any idea how come you didn't receive the original claim form and didn't know about the court action until baliffs got in contact ? or did you just carry on following the ( incorrect ) advice to ignore it?

[HuHop]

I did ignore a few of there letters although I can not recall recieving a letter stating they will be seeking a judgement

[Amethyst]

Did you get a court claim ? Would have been in a brown envelope and look like this

[HuHop]

Thanks for your replies, I have not received one of these.

[HuHop]

Would you recommend emailing the Parking and Property management company asking for consent to set aside the CCJ before applying to the court using the n44 application form?

[Amethyst]

Reading back, just to check something first,

but at this point was unaware of the CCJ which stated the debt should be paid before 10th September.

was that the judgment pay by date or the bailiffs ? do you know the date of the judgment ? Do you have the claim number ? You could ring the court to get a copy of the judgment order, and if you paid the judgment amount within 28 days of the judgment being made it should be removed from the register without having to go through the set aside application.

[HuHop]

I initially thought that by them informing me it will be with the DCBL if not paid by 10th, if i paid this would ensure no ccj or bailiffs are issued i paid the charge of £436 on the 7th and asked for confirmation a CCJ would not be on my file. They advised that a CCJ had been put on my file and as it wasnt paid within 30 days of judgement it will stay there for 6 years. As mentioned I wasnt aware of a CCJ until the point in which they threatened woth the DCBL. I checked my file and a CCJ is infact present. They informed me this will be marked as satisfied, although it has not been.

I have rang the court asking for a copy and they inform me they do not send out copies and only send out one form. He advised me to fill out the n244 application form. I have managed to get the claim reference from the claimant.

Should I call the parking company or gladstones and ask for there consent to set this aside?