Parking company have obtained CCJ against wrong person for parking fine

[Vitamin33]

My friend got a parking ticket which he basically ignored and the upshot is that the parking company (one with over a thousand negative reviews) have slapped a CCJ on his son, who shares same name bar middle name; amount just over £300. The son's address is not in the public domain, so how they obtained it is a complete mystery. The son can get CCJ removed by paying the fine. I've told my mate best to pay the fine to ensure CCJ doesn't go on his son's record, but what recourse does his son have? The CCJ just states christian and surname, and it's a common name as well. Thanks for any advice.

[JMcG]

My friend got a parking ticket which he basically ignored and the upshot is that the parking company (one with over a thousand negative reviews) have slapped a CCJ on his son, who shares same name bar middle name; amount just over £300. The son's address is not in the public domain, so how they obtained it is a complete mystery. The son can get CCJ removed by paying the fine. I've told my mate best to pay the fine to ensure CCJ doesn't go on his son's record, but what recourse does his son have? The CCJ just states christian and surname, and it's a common name as well. Thanks for any advice.

A set aside application 'with consent' costs about £108, but apps should be prompt.
Who is the parking co?
Where did the court papers go? (For the son).

[Vitamin33]

A set aside application 'with consent' costs about £108, but apps should be prompt.
Who is the parking co?
Where did the court papers go? (For the son).

Thank you JMCG. My mate's son has asked for it to be set aside on basis should be for his dad, but they want signed statement confirming his dad's personal details. See screenshot. My mate doesn't want his son to provide those details, but unless he does he's stuck with the CCJ. Is there another way round this? Papers went to his aunt's house where he was temporarily staying, hence a total mystery how they got that address. Company is Parking Eye. IF he pays the fine and CCJ gets removed, will that be the end of it, as far as son is concerned, i.e. will it wiped from his credit record? Thanks a lot.

[Vitamin33]

My friend got a parking ticket which he basically ignored and the upshot is that the parking company (one with over a thousand negative reviews) have slapped a CCJ on his son, who shares same name bar middle name; amount just over £300. The son's address is not in the public domain, so how they obtained it is a complete mystery. The son can get CCJ removed by paying the fine. I've told my mate best to pay the fine to ensure CCJ doesn't go on his son's record, but what recourse does his son have? The CCJ just states christian and surname, and it's a common name as well. Thanks for any advice.

See attached screen shot of info they want

[JMcG]

Thank you JMCG. My mate's son has asked for it to be set aside on basis should be for his dad, but they want signed statement confirming his dad's personal details. See screenshot. My mate doesn't want his son to provide those details, but unless he does he's stuck with the CCJ. Is there another way round this? Papers went to his aunt's house where he was temporarily staying, hence a total mystery how they got that address. Company is Parking Eye. IF he pays the fine and CCJ gets removed, will that be the end of it, as far as son is concerned, i.e. will it wiped from his credit record? Thanks a lot.

Imho, they have no right to demand an alternative name to transfer liability.
If they have secured a default CCJ against a person, they deal with that person.
They can ask....but not necessarily get.
If they've pursued the wrong person, but won't consent to a set aside, this could be regarded as unreasonable.
If they don't play fair, a 'without consent' application could be made.But, like gambling , nothing is guaranteed in a court case.
When was the default CCJ handed down?

[Vitamin33]

Imho, they have no right to demand an alternative name to transfer liability.
If they have secured a default CCJ against a person, they deal with that person.
They can ask....but not necessarily get.
If they've pursued the wrong person, but won't consent to a set aside, this could be regarded as unreasonable.
If they don't play fair, a 'without consent' application could be made.But, like gambling , nothing is guaranteed in a court case.
When was the default CCJ handed down?

Thank you again, JMCG. Judgement notice is dated 18th January. So not much time left to pay. Given parking company's dreadful reviews, I'm thinking he should pay it first, and then look at going back to parking eye and asking for reimbursment, but is that a daft idea? Is it a case of once paid the matter is closed? My mate's son is none too happy and I'm now mediating between them lol Thanks for your help

[JMcG]

Thank you again, JMCG. Judgement notice is dated 18th January. So not much time left to pay. Given parking company's dreadful reviews, I'm thinking he should pay it first, and then look at going back to parking eye and asking for reimbursment, but is that a daft idea? Is it a case of once paid the matter is closed? My mate's son is none too happy and I'm now mediating between them lol Thanks for your help

If it were me it would be one or t'other....pay or fight.

[Vitamin33]

If it were me it would be one or t'other....pay or fight.

I understand and agree. I think it should be paid, and then maybe ask the parking company for what paperwork they've got on file, if any. I say this as I'm thinking if the set aside was to fail and CCJ ended up sticking for some crazy reason son will suffer and so will relationship between fathr and son. For £300 not worth it. But one final question, please, will son's record be unblemished if the fine is paid? Thanks vm

[atticus]

How did this CCJ get "slapped"? Did son receive claim form and bin it? What about pre-action letters?

[Vitamin33]

How did this CCJ get "slapped"? Did son receive claim form and bin it? What about pre-action letters?

Hi Atticus, I'm not totally sure of sequence, seems like dad said he'd deal with it, write letter explaining they had wrong person, but didn't. Son had already paid it by time I phoned him, so he'd made that decision. So over really, except for family tension! That'll take a while to repair by sounds of it. Thank you .

[Vitamin33]

This saga continues. Son wants to make application to set CCJ aside, but he's paid it, so can anyone tell me if that's possible? They are now at major loggerheads over this. My mate's coming to stay this weekend, so I can help him with N244 form on behalf of his son (as son says dad should take care of it) if this route is still available. Thanks vm

[charitynjw]

I must admit to be more than puzzled with your explanation.
Exactly who has a CCJ against their name?
Are father & son domiciled at the same address?

[Vitamin33]

I must admit to be more than puzzled with your explanation.
Exactly who has a CCJ against their name?
Are father & son domiciled at the same address?

Thanks, and sorry, CharityNJW, even I have been getting confused. They used to live at same address. Son has the CCJ but it was sent to a different address that is not in public domain, and is not rightfully his but his dad's. I think a claim form must have been sent at some point, but no idea if it was received. The fine has been paid, as son's credit score would have been affected. Not sure what they will do from here. My mate's visitng tomorrow, so sure I'll find out more then.

[charitynjw]

Let us know what transpires.

[Vitamin33]

Let us know what transpires.

I will do. Thanks.