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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70179
Experience:  Over 5 years in practice
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I have been issued a Judgement of claim (in default) of £200

Customer Question

I have been issued a Judgement of claim (in default) of £200 by county court business centre for overstaying for a few minutes at a ANPR parking ( automatic number plate recognition parking). I did not receive the initial notice coz I had changed my address and the new address was still being updated on dvla website, later I received a "Letter before county court claim" which took me by surprise coz that was the first time I came to know about the offence. I immediately rang the “Parking Eye” to know more about the details of the parking offence (When? How long did I overstay? Etc) and explained that I did not receive the initial notice due to house move. I was asked to send my request in a letter which I did. While I was waiting for a reply from them I was issued this Judgement for claimant ( in default) for £200 ( £100 for overstaying a few minutes and £ 100 for costs). They should not move the court without giving me the details of the offence. I did not deny any payments , I was just waiting for a response to my letter asking for more details.
Should I appeal to the parking eye – can they still withdraw the claim or has it out of hands ? Is it worth making an appeal to the court? If yes what is the procedure and fee? I received the judgement for claim on 3rd March 15, ? am I too late?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Aid there is a judgment against you then it is too late to appeal.
However, if you are saying you didn't get the summons then you can seek to set aside the CCJ on that basis. You all need to act within 28 days of judgment.
If you just want it off your credit rating then you can pay within 28 days and ask the credit reference agencies to remove it on the basis that it was not poor money management.
Can I clarify anything for you?
Jo
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.

What is the procedure and fees if you wish to seek set aside the order?

Expert:  Jo C. replied 2 years ago.
See here at 13.4
https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part13#13.4
You just use the n244 form but it should cost £155
Customer: replied 2 years ago.
Do you think writing or appealing to the claimant - parking eye will help? Is the matter still in there hands? If not do you think do iI have a strong enough case to request to set aside the order?
Expert:  Jo C. replied 2 years ago.
No. I would never suggest that at the outset and certainly not now.
You need to set judgment aside.