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Civil Enforcement Ltd Parking CCJ (By Default, Old Address)

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  • Civil Enforcement Ltd Parking CCJ (By Default, Old Address)

    Hello everyone,
    I've discovered a CCJ last year in October 2019 while I was applying for finance. This came as an absolute shocker as my credit file is clean and never knew about any parking fine that was left unpaid.
    The CCJ issued in the favour of Civil Enforcement Ltd was for a parking fine on*19/07/2018. I was not aware that I was parking in a 1 hour max free spot and never had a notice stuck to my windshield.
    It looks like there were a number of unfortunate circumstances that lead to this:
    1. When I bought the car from the dealer he said he will take care of the V5/C and complete it himself however he did not use the complete address. I have a copy requested from DVLA that shows his signature and handwriting on the V5/C.
    2. I moved to a new address 50 days after the alleged offence, on the 08/09/2019. I also have confirmation of this from DVLA.
    3. I sold the car a month later in October 2019.

    I came to the conclusion that I can go ahead and request a set aside order, especially considering I don't have to pay the fee of £255 as I'm classed as low income.

    This is the statement I've written on the N244 at section 3:

    I am asking the court to set aside the judgement against me because I did not have the opportunity of defending myself against the claimant.

    And section 10:
    I have been made aware of the judgement only when I've applied for a loan in October 2019. Immediately afterwards I began researching the case as well as requesting information from the claimant, DVLA and the seller of the car that the parking fine was issued for.
    Upon my research, I understood that I have never received any communication from the claimant or the court because I have moved to a new address 50 days after the alleged offence. In the 50 days I resided at the former address, I did not receive any communication whatsoever about this claim or the fine issued by the private company. Moreover, no physical notice has been placed on the car when it was parked therefore I couldn't have known about this claim. I have also visited the place of the alleged offence and I strongly believe that the parking conditions weren't clearly displayed at the point of the alleged offence and can be easily missed, especially considering that the car park looks like a normal public Birmingham street with commercial space at the ground floor and apartments on the second floor.

    I haven't paid the CCJ or sent the N244 yet.
    What are your suggestions?
    Tags: None

  • #2
    You have probably waited too long to apply for a set aside

    Comment


    • #3
      I'm the original poster.
      I failed to mention that the CCJ has been recorded on 14 May 2019.
      Should I go for a set aside by consent or just go ahead as is?

      Comment

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