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Hi, I made use of these forums(although I didn't post) and those at moneysavingexpert in December when I was preparing my N244 and supporting documents, but really need some more guidance because I've just had my application to Set Aside the default judgment dismissed today.
I honestly believed I had a good chance of satisfying the core requirements of setting aside the CCJ so feel quite hard done by, both with respect to faulty services and having a solid defence.
VCS's correspondence was sent to an old address and therefore I got a judgment in default against my name. The alleged contravention was in February 2020, and my address with DVLA on the V5 was changed in the same month. VCS started proceedings against me in August 2020, and obtained a judgment in default in September 2020.The judge ruled that because post to my old address wasn't returned to sender, then VCS did enough to make sure my address is current, despite me putting forward the argument that I was "there to be found" on the electoral register and with credit reference agencies.
RE my defence - The alleged contravention occured in my work car park, where I had a parking permit which wasn't in completely clear view (a stipulation of car park Ts&Cs apparently) and in addition my vehicle reg was on a "whitelist" of permitted VRNs. However, it appears the landowner did not pass this on to VCS or VCS didn't cross-reference it. However, the judge wasn't taken by my whitelist argument and decided that my parking permit wasn't in clear view and therefore Ts&Cs of the car park had been breached. Therefore, he ruled I didn't have a strong enough defence.
The judge allowed me to appeal and I reiterated my main points above, but he wasn't swayed.
I was informed I can appeal the dismissal and have 21 days to do so. However, it seems like I would need to hire legal representation from what I've read and that this is at a higher court?
Any comments or advice would be welcomed!
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