Removal of CCJ

[Wrighty0712]

Hi all,

I'll keep this as simple as I can :-)

I have just discovered a CCJ registered in my partners name from 30th May 2019. It related to a parking fine. Despite calling the claimant and explaining that she was not the driver (I was) we still received a court summons early May. We completed the response and included a letter explaining that she was not the driver and that the claimant needed to deal with the driver - me. The court have told me that they have no record of the response and that the only option is to complete a N244 and pay a fee of £255. Whilst I appreciate that we can ask the court for the claimant to pay this, given that the claimant will lie about any contact we had with them, what are the chances in the court awarding us those costs ? Advice and comments really appreciated.

[pt2537]

Hi all,

I'll keep this as simple as I can :-)

I have just discovered a CCJ registered in my partners name from 30th May 2019. It related to a parking fine. Despite calling the claimant and explaining that she was not the driver (I was) we still received a court summons early May. We completed the response and included a letter explaining that she was not the driver and that the claimant needed to deal with the driver - me. The court have told me that they have no record of the response and that the only option is to complete a N244 and pay a fee of £255. Whilst I appreciate that we can ask the court for the claimant to pay this, given that the claimant will lie about any contact we had with them, what are the chances in the court awarding us those costs ? Advice and comments really appreciated.

Hi there

The court normally will order the applicant to pay the legal costs, unless there is a good reason not to.

While i understand your concerns about the claimant, im not sure that you can say they will lie, in fact you need to be careful when making such accusations as you could land yourself with a further claim for defamation.

If Judgment was entered, then you could apply to set it aside if you have grounds to do so,however it seems you fall within CPR 13.3 and therefore will have to explain any delays that have crept into making the application. CPR 13.3(2) is clear the Court must consider all circumstances including any delays that have occured.

[Wrighty0712]

Hi PT2537,

Thanks for the quick reply. "Lie" was probably a bit strong but my feeling is they are likely to forget. For whatever reason, none of the relevant paperwork turned up other than the final summons. The car was leased and this may have caused that delay. We received nothing regarding the judgement and I had assumed that due to my response (She was not the driver) the parking company had just let it lapse and not bothered pursuing it. We only realised she had a CCJ when we applied for a Credit Card and subsequently checked her credit file. Does this make things any more clear ?

Thanks again

[ostell]

So apply for a set aside and send a SAR to the parking company asking for documents and record of phone calls*

If the driver had been identified to the parking company before court proceedings had started then they gave no claim against the keeper

If it was a hire car then a Notice to Hirer probably didn't have the correct documents enclosed and again no keeper liability*
*