Set aside denied

[JackKemp]

Hi everyone,

Hoping for some help here. My girlfriend had a set saide hearing this morning which was declined wrongly, I believe.

The story is that she got a parking ticket back in April 2018 for overstating her ticket by 22 minutes. She got one letter from NCP about the ticket to her home address but couldn't afford to pay at the time. No further contact.

Fast forward over a year and she checks her credit report to find she has a CCJ. BW legal have sent all of the paperwork and the court documents to my (not my girlfriends) previous rented property which she has never live at and I moved out of in June 2018.

My understanding was that paperwork never being recieved through wrongful service was grounds to get the judgement set aside?

Is there anything at all we can do now? We never would have got a CCJ over a £60 parking ticket! We had absolutely no knowledge of the hearing taking place

[R0b]

Hello

You've given limited information on the set aside so you are likely to get a limited answer. Short answer, submit an appeal is your only option.

Why did the judge decide that the claim shouldn't be set aside?
Did your girlfriend update all of her records to reflect the new address?
What did she argue in court?
Did she argue that there was some other good reason i.e. a defence - was one submitted?

Not receiving paperwork is not a blanket rule for setting aside a judgment. However, failing to take reasonable steps to identify one's address is valid grounds.

[Amethyst]

Also, who/what address was the registered keeper of the vehicle at the time of the ticket ?

[JackKemp]

Hi folks, apologies, I was in a hurry to get some help for her as shes really upset.

Her car, driving license and insurance are all at her correct address, where she was living for the entire duration.

I had a rented property in my own name that she was never living at. I moved out of that property in June of last year and the paperwork from BW Legal was sent to that address from August through November of 2018 when the hearing took place in her absence.

The judge ruled that this should not be set aside because she was aware that she had a parking ticket in the first instance.

Her defence to the CCJ was that she had no knowledge what so ever of the escalation of the claim because BW Legal had decided to send all correspondence to an address that she has never lived at.

[JackKemp]

The ran a credit check which showed her linked to me in some tiny way, so they then decided to use this address for all correspondence instead of the correct address that NCP had originally used.

From April of 2018 there was no correspondence sent from NCP themselves or from BW legal to her correct address, where her car, insurance and driving license were registered.

[JackKemp]

Can anyone offer some help? Who would I speak to about looking to submit an appeal?