Help! Just discovered I have a CCJ from a parking ticket that I was unaware of

[mattjc882002]

Hi!

After a LOT of help here as in panic mode.

I am currently preparing to get a mortgage to buy the property I am (planned to start process in Jan 2024) due to our landlord telling me they are selling. Randomly at the weekend I thought I would get a credit report done as seen an advert and thought why not, be good to see.

The report has revealed a CCJ has been filled against me, at my prior address I lived at, which I left a year ago. Today I got this confirmed by the court and got told it was due to a parking ticket. I am stunned and also gutted as had it confirmed today it will impact ability to get the mortgage I knew I was fairly comfortable prior getting to buy the home I am living in. It is now looking likely I cannot buy said property and therefore at a loss for what comes next.

The CCJ has passed the '1 month window' by a week so gone is the chance to 'pay and see it disappear'... just my luck.

As stands I have attempted to see if the ticket can be cancelled (it was issued when I was on a site visit for work and car reg not passed on/processed), this ask was put in today via work so hoping for a good outcome.

Below is multiple questions I have regarding this if anyone knows....

1) If they clear the ticket
Am I right in thinking 'a set aside judgement' form is done and should be granted as no penalty/money owed? This meaning its cleared from my record?

2) If they don't clear the ticket
I know this can be defended but I am more fussed by the credit damage and getting it removed to get the mortgage I need. Thinking is pay in full. Then ask that 'systems' are updated to show the CCJ as settled. I then do the 'set aside judgement' form to see if on 'discretionary grounds' this gets set aside as:
- Didn't get chance to pay the fine at anytime
- Didn't get the chance to contest/put a defence forwards
- Updated my records everywhere as per expectations when someone moves*

* For background detail, I moved from my prior address in November 2022 on 2 weeks notice. I got into my new home and 2 days after moving in it appears I was caught for the ticket. It is my understanding that the first communication was sent to my old address early to mid December which is when I updated HMRC, DVLA, driving license, V5 document etc.

If again not clear, I'm in major panic mode here so after as much help as can get:
- Any advice on 'set aside judgement' form completion
- Any advice/tips on the process/any of the above
- Anyone who has gone through similar to the above (CCJ to an old address, not been aware AND managed to get the 'set aside judgement' approved) would be really great to hear and be some much needed light on a very bad 24 hours!

Thank you for reading!

[mattjc882002]

Reading up further on this my hope is going the consent order route.

Can someone give advice on the below template:


IN THE COUNTY COURT CLAIM

Case No. I'LL ENTER THE CODE

BETWEEN:

PERSON SEEKING THE MONEY (WILL ADD THEIR NAME)

Claimant

– and –

Defendant

ME (WILL ADD MY NAME)

_____________________ORDER______________________


Upon reading the defendant’s application dated [WILL ENTER DATE OF JUDGEMENT]


It is ordered that:

1 - The judgment dated [WILL ENTER DATE] be set aside.


2 - This being on the grounds that The Claimant was unaware of the charges incurred. They moved home in November 2022 and therefore not received any letters from December 2022 onwards.


Records at all agencies were updated by The Defendant in December 2022 (HMRC, DVLA, Council). All of these would of shown The Defendants new address.


The Defendant became aware of the County Court Judgement due to it being on a credit report seen on Sunday 29th October.


3 - That the Defendant wishes for it to be known he has paid his owed balance of £270 on xx/xx/xx.


4 - The Claimant agrees to set aside the prior judgement based on the above information.


5 - Both The Claimant and The Defendant are in joint agreement on the above and hope for a swift outcome to be that the County Court Judgement can be set aside.


Signed by The Defendant


Signed by The Claimant


Any thoughts/comments?