CCJ from a private car park, how can I set it aside

[Triciaorex]

Hi all, I am new to this forum and I am really desperate for help. I just realised a CCJ was registered in my name in June for a parking ticket got from a private car park near a pub/hotel. I was not the one driving the car, in fact I was at work on the day but the car was registered in my name. My husband was driving the car and when I saw the letter for the ticket I gave it to him to sort it out but he never did. I can't remember getting any other letter about it until I applied for credit and I was told I have a problem with my credit file. I work in an industry that needs me to have a clean record. Please can anyone help?

[ostell]

So you will have to apply for a set aside, £255 or £100 with the agreement of the parking company.

But you will need more information to be able to fight it, such as the paperwork received.

[Triciaorex]

Is it best to call the parking company and agree to pay them and then take it off my name? I really don't mind paying it or throwing my husband under the bus for it as he did it in the first place. I just want to protect my name and my career at this point.

[wales01man]

If you pay the judgement now after the time allowed before it is registered against you it will stay on the record for 6 years

[ostell]

The parking company may agree to a set aside if you agree to pay them the amount outstanding plus the set aside fee but then withdraw from the case but then it is up to the judge to agree to the set aside. But you really need a reason for a set aside which is why it would be helpful to see any docs that you have.

[Triciaorex]

Thanks for your replies, I really don't have any document to prove this, I was at work on the day in question but I read on another forum that I am responsible as the registered keeper of the car but my hubby is ready to add an affidavit that he was the driver of the car. I also just changed my job, so I really don't know if my old employer can help me with this.We usually have post problems where our post goes to another house bacause of the way my neighbourhood is designed. I can get pictures of that but I don't know if that will be enough.

[ostell]

Getting your husband to admit to being the driver at the time won't help.

[Triciaorex]

I guess I am in more trouble than I thought I was. Can anyone recommend a good lawyer for this?

[ostell]

Someone will be along to help with the setaside

[Amethyst]

Set aside info - http://legalbeagles.info/library/how...-judgment-ccj/

you say you received the first letter ( notice to keeper ?) but didn't receive the actual court papers ? Have you asked the court or claimant for a copy of the claim as yet ? You need to show there was good reason you hadn't responded to the court claim - eg you didn't receive it ( incorrect or old address etc )- or of course you can plead the issue with your address and neighbours ( have you checked if they had received anything for you ?) - and that you have a reasonable chance of success at a defence.

[Triciaorex]

I called the court the next day I found out and they gave me the details of the claimant but I haven't really done anything else yet. As I totally don't know what to do or where to start. I haven't checked with my neighbour as well because I thought even if it went there it's months later, they won't have it. They have bought real parcels and letters for me in the past that they deliver to them. the judgement date was 25/06/2018. Yes, I receive the first letter from the private car parking company, I think the debt was sold along the line as the claimant as a different name.

[ostell]

Private parking companies are not allowed to sell on alleged debts, against the DVLA rules.

What were the names involved? Excel and VCS by any chance? They often make the mistake of swapping names and have lost in court because of it and it is a very good part of a defence.