How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask tdlawyer Your Own Question
tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
73598664
Type Your Law Question Here...
tdlawyer is online now

After recently checking my credit report I have found that

Resolved Question:

After recently checking my credit report I have found that I have a default judgement. This was a surprise as I had no prior knowledge of this.
After speaking to Northampton Country Court, I have found the following details about the claim.

Claimant: Parking Eye
Offence: On 20th August, I overstayed 25 minutes at Car Park (Retail Car Park Ilford)
Parking Ticket: Court judgment breakdown (parking Fine+ court/lawyer fee etc) = £165
Claim issue date: 25/02/2014
Some other action: 02/03/2014
Response date: 16/03/2014
Judgment date: 26/03/2014

On 14/12/2013, I changed my address and was moved to new address.
On 27/01/2014, I made two applications to change my driving licence address and V5C address and received updated documents within 2 weeks.

But it seems court/Parking Eye didn’t verify my address from DVLA and sent letters/summon to old address. Should I talk to ParkingEye about this issue or just submit N244 form?

I am now filling N244 for CCJ judgement to be set aside and need help to answer questions in form and also suggest the documents I should send with application.
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, welcome to the website. My name isXXXXX can assist you with this.

tdlawyer :

What would you like to know about this please?

Customer:

I want this judgement to be set aside to protect my Credit history. Please provide suggestion how to make application?

tdlawyer :

Okay. Then you're right, you complete Form N244 and you need to make clear in the section on the back of the firm (Section C) that this was send to the wrong address.

tdlawyer :

You should tell the parking company first as they should agree to set it aside in these circumstances.

tdlawyer :

If they do not, then you are entitled to make an application to the court.

tdlawyer :

There is no special magic form of words to use, just make the point about the form going to the wrong address and that in your view, it is not valid service of the claim form.

tdlawyer :

If the court accepts this was improper service, it MUST set aside the judgment and give you a chance to defend the claim.

tdlawyer :

The court has no discretion.

Customer:

Should i wait for the ParkingEye to agree to set it aside? before submitting n244 myself?

tdlawyer :

You're required to make the application "promptly" so the sensible thing is to give 7 days to parking eye to agree to set aside and if they do not, then you make the application anyway.

Customer:

Should i make a phone call to parking Eye or written letter?

Customer:

if for example they accept to set aside the case than i should allow them to handle issue or i should do something?

tdlawyer :

Always do it in writing - avoid phone calls really, you'll get lost in a call centre somewhere!

tdlawyer :

If you can defend, then you need to decide whether you want to defend it yourself or with a solicitor. In reality, I expect yourself, as the costs of engaging a solicitor would not make it worth it.

Customer:

suppose i contact parking eye and agree on settle issue . should i just pay them or i should ask them to set aside and than follow some course of action?

tdlawyer :

Always better to set aside, otherwise, you'll have a CCJ against you if you have paid it within 20 days of the judgment date.

tdlawyer :

If you get it set aside, the CCJ goes too, and it's as though it's never happened and will not be on your credit file.

Customer:

if they agree to set aside. than should i submit n244? or it's not required

Customer:

and will they make an application to court that CCJ should be cancelled?

tdlawyer :

If they agree you still need to do the N244, but it's much easier, the court will likely just grant it.

Customer:

If they agree and asked for payment and if i pay do you think status of CCJ will not change as satatisfied instead of cancelled?

tdlawyer :

If you just pay up, they CCJ will show as satisfied. If you make the N244 application and the court agrees (whether by consent or parking eye or otherwise) then it will not show on your credit file at all.

Customer:

If parking eye agree to set aside. should i ask them some document as a proof for court?

tdlawyer :

YOull have all you need in their letter agreeing.

Customer:

Do i still need to submit documents proving my change of address?

tdlawyer :

Not if they agree.

tdlawyer :

If they don't agree, then yes.

Customer:

please help with N244 questions in both case (they agree or not)

Customer:

Questions 5 to 10

tdlawyer :

What do you want to ask specifically?

tdlawyer :

What questions?

tdlawyer :

I don't have the form to hand.

Customer:

question 4:Have you attached a draft of the order you are applying for (yes/no)

tdlawyer :

4: No - you don't need to do this.

tdlawyer :

It's a simple application - this is for more complex things.

Customer:

Question 5: Application dealt with ( at a hearing or without a hearing or phone)?

tdlawyer :

If you agree: without a hearing, if you don't agree, at a hearing.

Customer:

i agree mean??

Customer:

you mean it's my choice in any case?

tdlawyer :

Yes.

Customer:

Question: how long hearing will last?

tdlawyer :

15 minutes.

Customer:

is this time estimate agreed by all parties?

tdlawyer :

See whether parking eye agree ....

tdlawyer :

Just say no if they don't.

Customer:

level of judge does your hearing need

tdlawyer :

District Judge

Customer:

who should be served with this application

tdlawyer :

"the Claimant"

Customer:

part a: please give service address

tdlawyer :

Your home address

Customer:

Question: what information will you be relying on in support of your application ( the attached witness statement, the statement of case, or the evendence set out in the box below;)

tdlawyer :

Just set out here about your change of address etc.

Customer:

at the start they asked the following information.

Customer:

in the:

Customer:

claim no:

Customer:

Fee Account no:

Customer:

Warrent no:

tdlawyer :

Yes, just take this from the judgment you have (phone the court if you don't have it).

Customer:

what do you think chances of success in both cases (parking eye agree to set aside or not)

tdlawyer :

If the agree, you should be absolutely fine. If they don't agree, then if you convince the court you changed address, it should set aside.

Customer:

Thanks a lot for the help..

tdlawyer :

You're welcome. Can I ask if you're happy with my service this evening?

Customer:

Yes I am happy.

tdlawyer :

great - thank you for your question!

Customer:

you welome!

tdlawyer and other Law Specialists are ready to help you