How To Set Aside And Remove A Parking Ticket CCJ
If a County Court judgement is not issued correctly, it can be defended and removed. We help UK motorists who have received a CCJ to get the CCJ removed and the case dismissed.
We will help you understand how to set aside a CCJ so it is removed from your credit report. You can then decide to get our help or make the application yourself.
CCJ Removal Guide And Process
Have you received a CCJ - County Court Judgement?
Many parking companies obtain County Court judgements through the Civil National Business Centre, which is the processing office for unpaid parking charge notices which have escalated to court stage.
Sometimes these judgements are not obtained through the correct process and therefore if you want to have the judgement removed, you can make an application to have the judgement set aside.
If the parking company sends a claim form to an order address or they did not send a claim form to you correctly, then you have a legal right to challenge the judgement and have it set aside.
If you receive a court judgement out of nowhere, there is a strong chance your judgement can be set aside, this means we can help you get the judgement removed.
Having the judgement set aside is the first step, however the original court claim must also be defended properly in order for the whole case to be successfully dismissed.
What is a county court judgement?
A county court judgement is a decision made by the court to decide the outcome of a case. Sometimes a judgement is positive, meaning the Defendant has won the case and the claim is dismissed.
However, sometimes, the judgement is negative, and the court says that the Defendant must pay the Claimant the money they owe.
If you pay a County Court judgement within 30 days, it usually means that the court would not record it on your credit report, it can only be recorded on your credit report if you did not pay the judgement within 30 days.
You can apply for the judgment to be cancelled (or ‘set aside’) if:
- you do not owe the money
- you did not receive, or did not respond to, the original claim from the court saying you owed the money
How to apply for the judgement to be cancelled
To get the judgement cancelled, you have make an application to ask the court to set aside the judgement.
It is important to remember that although the process for getting the judgement set aside is very simple, if you do not have any knowledge of the legal process, you may still find yourself in a situation where the parking company can make you lose by paying the amount of the claim form.
It is therefore important to hire specialists like parking mate UK to prepare these documents for you and make sure that the parking company do not take advantage of your lack of the legal process knowledge
Once you have submitted your documents to the court, the court will assign the case to a district judge who will review the case and make a decision.
You will have to go to a private hearing at the court to explain why you do not owe the money. If you do not go to the hearing, your application will be rejected and you’ll have to pay the amount in the judgment.
It is therefore important that you get advice and your documents are completed correctly before you attend the hearing.
What are chances of getting a judgement set aside?
The outcome depends on the reasons you give. If you get legal advice or support in getting the application set aside, you will then have a higher chance of winning.
The person completing the forms must understand the ‘conditions’ when a judgement must be set aside. If the conditions are met, then the judgement will be set aside.
In addition, the judge can consider other reasons, but remember, the parking company is likely to contest your application, therefore, it is important to have a strong application from the start.
Need help? Send Us Your CCJ Case
We can support with preparing the documents needed to set aside the application and to help with preparing for the hearing. With our help, you will have a stronger chance of getting the judgement cancelled.
In addition, we can also apply to have the claim dismissed, meaning that the set aside application and the claim will be sorted at the same time.
How to send your case
We will start working on your case within 48 hours and keep you updated. If you wish to do the application yourself, you can download the N244 documents here.
What happens after your application is sent
- The county court business centre will inform the Claimant
- Your case will be transferred to your local court
- You will receive a court hearing date shortly after
- The Claimant will send their response to dismiss your application
- You can prepare a defence to the Claimant’s application
- You will then have to attend the hearing
- The judge will make a final decision at the hearing
So that’s a summary of what happens if you want to apply for a CCJ to be cancelled or set aside.
What happens if you pay the judgement
If you pay the judgement within 30 days of being made, it will be marked as paid and will not appear on your credit report.
According to Experian, If you pay after 30 days, the judgement will be marked as satisfied and will be on your credit report for 6 years.
It can only be removed if you make a set aside application and you win.
We Can Remove Your CCJ
Send us your case and we will support you from start to finish to get your county court judgement removed.