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Jamie-Law
Jamie-Law, Solicitor
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Experience:  Solicitor
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I have have received a sizeable parking fine of over £1000.

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Hello, I have have received a sizeable parking fine of over £1000. I was given a CCJ in January 2021 and I am very concerned about the impact on my credit rating if I do not pay within the first month. I did not receive court documents relating to the CCJ and was unaware of it until I ran a credit check. I have been looking into getting the judgement set aside and obtaining a stay of writ. I believe I have a strong case against the parking fines and I want to defend myself against them. However, I am concerned about the possibility of getting the judgement set aside as 'missing post' is very hard to prove. Also, I don't want to a negative credit rating. I am considering paying the fine. Would I then be able to get the judgement set aside and reclaim my money? Thank you.
JA: Where are you? It matters because laws vary by location.
Customer: England
JA: What steps have you taken so far?
Customer: I was only made aware of the CCJ last Friday. So far, I have been collating my evidence for the defence. I have tried to fill in the N244 form but it seems like a lengthy process.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No, thank you.
Customer: replied 7 days ago.
Here is a synopsis of the issue:
In August 2017, I began letting an apartment which came with an allotted parking space. When I moved in, I was given a permit for that specific space and displayed it from the time I moved in. However, whilst I had a permit, I began to receive parking fines (approx. 12) and it transpired that I had been given the wrong permit for that space. I have 20+ emails back and forth with the letting agency and with the company that managed the carpark. The letting agency said at the time that it was not my fault and I have proof that I displayed my permit (photo evidence). At the time, I emailed the letting agency numerous times to 1. get the correct permit for that space and 2. to resolve the issue of the parking fines. As I was not liable to pay the fines, I passed the matter over to LV and have heard nothing of the incident since February 2018. I also contacted the parking management company who also instructed me to contact the lettings agency.I received a letter from DCBL in August 2020 telling me I needed to pay £640 in fines for four tickets. My car is registered at my parent’s address and I do not permanently live there. My car is registered at their address because a). I have moved four times since August 2017 and have had several temporary addresses; b). I often leave my car at this address as I now live in London where parking can be tricky. I did not reply to these letters sooner because a). when I received the letter in August, I thought it was a scam and, after reading advice on forums like this, I heeded that advice (admittedly, this was a silly decision); b). my parents do not tend to open my mail as I have electronic bills for my expenses and electronic communication from my bank, etc. Furthermore, due to COVID-19 lockdowns, etc. I have not legally been allowed to go home since September 2020 and therefore haven’t been able to collect any mail from my parents. I am a teacher in London and Wales has been in and out of local lockdowns since autumn.This brings me to the issue at hand. I have now received four fines and issued with a CCJ. Obviously, seeing as I heard nothing for well over two years, I was under the impression that the issue had been dealt with by the Lettings agency. My stance is, as it was at the time, that since I was given an incorrect parking permit, I able not liable to the fines.I feel I have good evidence: I have all of my original emails and the letting agency today wrote a letter in support of my case.

Hello, my name is ***** ***** I will help you. I am just reviewing your question. Hopefully, we can get this resolved quickly.

Missing post is not enough sadly. The rules say you can apply to set aside if:

13.3

(1) In any other case, the court may set aside(GL) or vary a judgment entered under Part 12 if –

(a) the defendant has a real prospect of successfully defending the claim; or

(b) it appears to the court that there is some other good reason why –

(i) the judgment should be set aside or varied; or

(ii) the defendant should be allowed to defend the claim.

(2) In considering whether to set aside(GL) or vary a judgment entered under Part 12, the matters to which the court must have regard include whether the person seeking to set aside the judgment made an application to do so promptly.

So you need to have a defence to the claim, not getting papers is not enough.

You could pay it and then apply to set aside, that way you would be protected.

The court fee to make an application is £255 and you dont get that back sadly.

Can I clarify anything for you about this today, please?

If you need anything further I am available for a follow up at no extra cost.

I was just following up to see if there is anything else I can assist you with today? If so, just let me know.

If not, then I am happy to have been able to assist you.

Customer: replied 7 days ago.
Thank you for your prompt answer. What if I believe I have a good defence to win the claim?

It still costs you £255 to set aside and make the application sadly. Its then down to a Judge to see if you have any defence.

Customer: replied 7 days ago.
Thank you, ***** ***** a couple more questions.
I am happy to defend my case as I believe it is strong and I have evidence. If I pay the fine, can I then reclaim the money in some way? I would be tempted to do this so my credit rating is not affected.

If it is set aside then yes, you can reclaim it. I hope that helps

Customer: replied 7 days ago.
Great - thank you. To do this, do I just apply for a set aside through the normal route?

Yes, form N244 to the Court that gave the CCJ, which I suspect was Northampton. I hope that helps.

Jamie-Law and other Law Specialists are ready to help you
Customer: replied 7 days ago.
Thank you very much.

My pleasure