Tweet
Hi all,
I’ve recently found out I have a CCJ against me filed July 2019 when I was rejected for a mortgage, in relation to an unpaid parking charge notice (PCN) from 2015.
Around the time of the event I moved house and heard nothing until a letter from the parking company’s solicitor over a year later. I immediately called the parking company who advised I was to liaise with their solicitor direct. I spoke with the solicitor and followed up with an email (copying the parking company in) and heard nothing further. The solicitor then advised the case had been closed on their records with no court action filed. Fast forward a few years it looks like the parking company has re-opened the case with another solicitor.
The CCJ has been filed against my previous address from 2015 (and previous name as I have since married) therefore I received no correspondence in relation to the court action. To me it looks like they have done this deliberately as when I spoke to the parking company last month they have acknowledged they have a copy of my email from 2016 on file which confirms I had moved address and also provided a contact number and email address should they wish to make contact. I also expect they would also have received a copy of the letter from their solicitor which was sent to my current address in 2016 (I did ask their previous solicitor if they'd received a copy but they obviously declined to confirm).
I requested consent to set aside thinking all they wanted was their money and although I don’t agree to the claim, to avoid all the stress I would happily make a settlement. Their current solicitor immediately rejected this offer without consideration, which I was quite surprised by, as I thought this would be the easiest and quickest route for both parties.
I have therefore drafted an application to set aside. I have contacted a few local solicitors to see if they would provide advice on the wording I’ve prepared before I submit (obviously for a fee) however nobody is getting back to me – I guess with being such a small case they don’t want it. I’m now getting worried the clock is ticking for me to act within a reasonable period. I am aware the reasonable period is usually considered to be 30 days however a few weeks ago I had a baby via caesarean section so would consider that reasonable grounds for not acting within 30 days?
Any advice/ opinions as to whether or not I have good grounds to apply for this to be set aside would be greatly appreciated, or am I likely wasting my money and causing undue stress to myself and should I just pay the fine? I just don’t want it sat on my record for 6 more years although I appreciate a settled claim looks slightly better than an unsettled one but not much!
Many thanks in advance!
I’ve recently found out I have a CCJ against me filed July 2019 when I was rejected for a mortgage, in relation to an unpaid parking charge notice (PCN) from 2015.
Around the time of the event I moved house and heard nothing until a letter from the parking company’s solicitor over a year later. I immediately called the parking company who advised I was to liaise with their solicitor direct. I spoke with the solicitor and followed up with an email (copying the parking company in) and heard nothing further. The solicitor then advised the case had been closed on their records with no court action filed. Fast forward a few years it looks like the parking company has re-opened the case with another solicitor.
The CCJ has been filed against my previous address from 2015 (and previous name as I have since married) therefore I received no correspondence in relation to the court action. To me it looks like they have done this deliberately as when I spoke to the parking company last month they have acknowledged they have a copy of my email from 2016 on file which confirms I had moved address and also provided a contact number and email address should they wish to make contact. I also expect they would also have received a copy of the letter from their solicitor which was sent to my current address in 2016 (I did ask their previous solicitor if they'd received a copy but they obviously declined to confirm).
I requested consent to set aside thinking all they wanted was their money and although I don’t agree to the claim, to avoid all the stress I would happily make a settlement. Their current solicitor immediately rejected this offer without consideration, which I was quite surprised by, as I thought this would be the easiest and quickest route for both parties.
I have therefore drafted an application to set aside. I have contacted a few local solicitors to see if they would provide advice on the wording I’ve prepared before I submit (obviously for a fee) however nobody is getting back to me – I guess with being such a small case they don’t want it. I’m now getting worried the clock is ticking for me to act within a reasonable period. I am aware the reasonable period is usually considered to be 30 days however a few weeks ago I had a baby via caesarean section so would consider that reasonable grounds for not acting within 30 days?
Any advice/ opinions as to whether or not I have good grounds to apply for this to be set aside would be greatly appreciated, or am I likely wasting my money and causing undue stress to myself and should I just pay the fine? I just don’t want it sat on my record for 6 more years although I appreciate a settled claim looks slightly better than an unsettled one but not much!
Many thanks in advance!
Comment