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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 69369
Experience:  Over 5 years in practice.
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I have been issued with a CCJ in the wrong

Customer Question

Hi,
I have been issued with a CCJ for parking in the wrong space at my apartment. The parking bays are actually double height, and I was only told 'number 34' by the letting agents, so parked in the lower, rather than upper space, which I now know to be mine. (I have a letter from the letting agents to confirm this is what I was told).
I ignored the ticket, but they started sending letters to my old address (I never saw any of them), and I now have the CCJ.
My question is, can I get it removed from my record?
Kind regards
James Cope
Submitted: 7 months ago.
Category: Traffic Law
Expert:  Jo C. replied 7 months ago.
How old is it?
Customer: replied 7 months ago.
Claim was 2nd Feb 2016
Judgement 18th Feb 2016
I have proof that I wasn't living at the address.
Expert:  Jo C. replied 7 months ago.
When did you first receive notification?
Customer: replied 7 months ago.
They wrote on 23/12/15 informing of intent to issue summons but I never saw this as it was to my old address.
Expert:  Jo C. replied 7 months ago.
Did you reply then?
Customer: replied 7 months ago.
I have only spoken to County Court Business Centre for information about the case.
Customer: replied 7 months ago.
So no, but as mentioned, I didn't even know about it.
Expert:  Jo C. replied 7 months ago.
Ok. So when did you first discover it?
Customer: replied 7 months ago.
First thing I heard was 6th April when I was credit checked by a letting agent. They informed me.
Expert:  Jo C. replied 7 months ago.
Ok What is your defence to the substantive action?
Customer: replied 7 months ago.
I hope that as I wasn't made aware of the distinction between the two spaces in the first place, I shouldn't be held accountable. Also that as I had no opportunity to see any notification about court action, this also helps.
I came here to seek guidance on whether either of these factors will enable me to get the judgement set aside, rather than just settled (as this will still affect my credit rating).
Expert:  Jo C. replied 6 months ago.
Yes, I understand but if we got the CCJ set aside what is your defence to the substantive allegation?
Customer: replied 6 months ago.
I hope I understand you correctly - at the parking space, it only states '34'. I was only told 'you are in 34.'
Does that count for anything? I attached an image to show the space.
Expert:  Jo C. replied 6 months ago.
Ok. Thanks.What I need to know is what is your defence to the substantive action?
Customer: replied 6 months ago.
I'm sorry, I'm unfamiliar with that term. Can you help me there?
Expert:  Jo C. replied 6 months ago.
Ok. If we were to be able to get the CCJ set aside, that would mean they could revive the claim. What would be your defence to that claim?
Customer: replied 6 months ago.
I suppose I would use the evidence I have to make my letting agents pay the fine, as it was their fault I wasn't aware of the correct parking space.
My only real concern is to remove the CCJ, without it still being on my file as' settled.
I hope that answers your question.
Expert:  Jo C. replied 6 months ago.
You can apply for it to be set aside easily enough. You do have the basis of an application as clearly it was not received by you. The only issue is that a court would want to understand whether you could defend the claim if the CCJ was to be set aside. If you just need to remove the CCJ though then that would be worth an application. I suppose you might well find a judge who is sympathetic to your position and set it aside. If you undertake to pay then you might well find there is no opposition to your application from the claimant. Can I clarify anything for you? Jo
Customer: replied 6 months ago.
Thank you - so I can apply to have it set aside, but it's unclear whether they will be sympathetic?
Do you believe the basis I described with the inaccurate information on which space to use would be something I could use to avoid paying the fine?
Expert:  Jo C. replied 6 months ago.
It depends really on the signs at the location and other identifying factors. It will be the signs that they rely upon. If they are unclear then that would be a challenge.
Customer: replied 6 months ago.
Sorry, one last question - a challenge for me, or for someone to prove something against me?
Expert:  Jo C. replied 6 months ago.
A challenge for you but you have to get over the hurdle of setting aside the CCJ first.

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