Ccj set aside query

[jeevesthestag]

Hi,

I'm a first time poster on here. I would appreciate some advice.

My wife has a ccj against her name for a parking fine. We moved house during the dispute of the fine and wrote to inform the parking company of the new address, at the same time saying we did not intend to pay the fine because we didn't not consider it was proportionate to the misdemeanour.

A year later, unbeknownst to us, court papers had been sent to our old address in error and having not had a chance to respond to this, my wife now finds she has the ccj.

We filed to have the ccj set aside on the basis that the company knew our new address and we had absolutely no control over the process by which the judgement was made.

My wife appeared in court today and was dismissed by a judge without any consideration of the mistake of address. The judge only asked her to plead her case for the removal of the parking charge when our argument was not about the charge itself anymore but the ccj itself.

Is there anything else we can do now the judge has said that there is no case? It doesn't seem at all fair to us that due to someone else's administrative error she now has a ccj against her name which will affect our lives so much.

Thank you for reading this and sorry it is such a monologue.

[wales01man]

Re: Ccj set aside query

If they told the judge what you told them about not paying that's a good reason not to set it aside

[Debt Camel]

Re: Ccj set aside query

The judge only asked her to plead her case for the removal of the parking charge when our argument was not about the charge itself anymore but the ccj itself.

To have a CCJ set aside, you have to be able to show you didn't know about it - in her case the papers were sent somewhere else - AND to have a good defence to a the claim.

It sounds as though the judge decided she didn't have a defence.