Parking company have obtained CCJ against wrong person for parking fine

[Vitamin33]

A further question, please: Father and son still at loggerheads over this, but as I said my mate's son paid the fine to avoid the CCJ staying on his record. But it wasn't his car, he's not on the logbook, has never driven it, and his address (the one to which the fine was transferred) is not in the public domain, so somehow the parking company connected, wrongly, the fine to him, instead of his dad. Can the son sue the parking company via small claims for return of the fine, on the basis they pinned it on the wrong person, even though he has paid it? Thank you for any replies.

[charitynjw]

A further question, please: Father and son still at loggerheads over this, but as I said my mate's son paid the fine to avoid the CCJ staying on his record. But it wasn't his car, he's not on the logbook, has never driven it, and his address (the one to which the fine was transferred) is not in the public domain, so somehow the parking company connected, wrongly, the fine to him, instead of his dad. Can the son sue the parking company via small claims for return of the fine, on the basis they pinned it on the wrong person, even though he has paid it? Thank you for any replies.

I would have thought the Judgment needs setting aside first.
I have heard of one case recently where a CCJ was paid, then a subsequent set aside application was granted by the court as, in that particular case, the court decided it was in the interests of justice to do so.
However, I would imagine that is very much an exception that proves a rule.
You'd have to take a gamble on that....& at £275 for the application plus the Judgment cost already paid, you've got to ask yourself one question....

....do you feel lucky?

[Vitamin33]

Thank you, CharityNJW. Just found out the son actually has a letter from the parking company saying it was a credit reference agency that gave them his address, so seems they're the one that's screwed up, not the parking company. I suggested he write to the main credit reference agencies and ask for an explanation. Do you think that's a good idea? Again, many thanks.

[charitynjw]

Thank you, CharityNJW. Just found out the son actually has a letter from the parking company saying it was a credit reference agency that gave them his address, so seems they're the one that's screwed up, not the parking company. I suggested he write to the main credit reference agencies and ask for an explanation. Do you think that's a good idea? Again, many thanks.

Not really, but if you feel you must.....

[Vitamin33]

Not really, but if you feel you must.....

Thanks, Think I'll leave them to decide between them as can of worms