How to Remove a CCJ for a Parking Ticket – A Complete Guide

 

One of the most common reasons people are issued with a CCJ is a failure to pay a parking ticket. The original parking charge may only have been £40, but the cost of having a CCJ on your credit record is enormous. If you’ve discovered a CCJ relating to a parking charge, we recommend that you take steps to remove it as soon as possible.

This article explains how the CCJ may have come about in the first place and what you need to do about it.

What is a CCJ?

A County Court Judgment (CCJ) is a court order in the UK that can be registered against you if you fail to repay a debt. It is typically a result of unpaid loans, utility bills, or in this case, parking tickets. The implications of a CCJ on your credit record can be severe, impacting your ability to obtain credit, mortgages, or even mobile phone contracts.

Understanding Parking Ticket CCJs

A CCJ can be issued if a parking ticket goes unpaid for a significant period and the case is taken to court.  If you weren’t aware of the parking ticket or the CCJ, it’s probably because of the following chain of events:

1. You changed address, but you didn’t update the DVLA straight away

Whenever you move house, there’s always a lot to think about, including notifying organisations of your new address. The Road Vehicles (Registration and Licensing) Regulations 2002 impose a duty on you to notify the DVLA of any change to your address. If you don’t do so, you could be liable for a fine. It’s not enough simply to update the DVLA with your new address for the driving licence. You also need to update your vehicle log book (V5C).

Although it’s unlikely that you’ll receive a fine for a genuine oversight, a potentially greater risk to you is that your contact details are out of date, which means the notification is sent to a previous address. If you’ve received a CCJ for a parking fine, the chances are that it’s because you didn’t update your vehicle log book before the alleged parking violation happened.

2. You stayed too long in a restricted car park

Many car parks, particularly at supermarkets and service stations, offer free parking for a limited time, typically around two hours, to allow for shopping. These car parks are often managed by external companies like Parking Eye or Civil Enforcement Limited. If you overstay, you will be charged a significant fee, monitored through Automatic Number Plate Recognition (ANPR), which records your entry and exit times.

In 2015, the Supreme Court ruled that as long as the signage is clear and the fees are reasonable, issuing parking charges this way is legal. This means that defending against a ticket is difficult unless you can prove the signage was unclear.

3. The parking management company obtained an address for the vehicle’s registered keeper from the DVLA

If you overstayed in a car park, the parking management company probably accessed your vehicle’s registered owner information from the DVLA. Having found out that information, they sent the parking charge notice to the only address they had.

If you hadn’t updated your address, the notice would have gone to your previous residence, leaving you unaware of the charge and unable to pay or contest it.

4. The parking management company issued a court claim against you, using your previous address

The parking management company want their money. If a motorist doesn’t respond to a parking ticket, they take legal action. The address they provide to the court is the same address as they originally obtained from the DVLA. Even if you had updated your log book after the date of the original ticket, they probably didn’t enquire of the DVLA again. This means that the court papers were all sent to your previous home.

As a result, you weren’t aware of the court action against you, and you couldn’t respond. In the absence of a response, the court issued a default judgment. This is a type of CCJ and will remain on your record for 6 years if you don’t pay it within a month. After obtaining the CCJ, the parking management company usually does nothing further except wait for you to contact them.

Steps to Remove a CCJ for a Parking Ticket

There are three ways to remove a CCJ from your credit file. The way that’s most likely to apply in your case is an application to set aside judgment.

Step 1: Obtain Details of the Judgment

Find out the specifics of the CCJ from the court, including the case number, the amount owed, and the date of the judgment.

Step 2: Contact the Issuing Company

Communicate with the company that issued the parking ticket to negotiate a possible resolution. If the debt is paid and they’re satisfied that you didn’t receive the parking charge notice or the court papers, they will probably consent to the CCJ being removed.

Step 3: Apply to Set Aside the Judgment

If you were unaware of the proceedings (e.g., due to not receiving notices), you can use form N244 to apply to the court to have the CCJ removed. You will need to persuade the court that there is a good reason to set aside the CCJ, such as not receiving the claim form.

Step 4: Monitor Your Credit Report

Ensure the CCJ is removed from your credit report. This process can take a few days after the court’s decision.

Preventing Future CCJs from Parking Tickets

Regularly Update Your Address

Whenever you move house, update your address with the DVLA as a priority to avoid missing important notices.

Pay Fines Promptly

If you receive a parking charge before you move house, pay it promptly unless you intend to dispute it. If you do intend to dispute it,  notify the parking company in writing of any change of address.

Monitor Your Credit Report

Check your credit report regularly to catch any new CCJs early. If you pay within 30 days, the CCJ will be automatically removed without having to go to court.

FAQs about CCJs and Parking Tickets

Q: Can I remove a CCJ myself?

A: Only a court can remove a CCJ. However, if you feel confident, you can make the application yourself. You may need to gather information, apply to the court and contact the parking company.

Q: How long does a CCJ stay on my credit record?

A: A CCJ remains on your credit record for six years unless you pay it within a month or have it set aside.

Q: What if I never received the parking ticket?

A: The court will take into account whether you received the original parking ticket when they exercise their discretion. However, they will be more concerned about whether you received the claim form. You may be able to apply to have the judgment set aside if you can prove you never received the original parking ticket or the court claim.

Q: Can I negotiate with the parking company?

A: Yes, negotiating with the parking company to pay the debt and obtain a consent order can be an effective way to remove a CCJ.

Q: Should I seek legal advice?

A: Seeking professional legal advice is often helpful to ensure you take the correct steps and avoid common pitfalls. Many firms offer a free initial consultation.

Conclusion

Removing a CCJ from a parking ticket is vital for protecting your financial health. By understanding the reasons behind the CCJ and acting promptly, you can reverse the negative impact on your credit score. Whether you work with a legal professional or take a DIY approach, timely and informed action is crucial. Staying proactive about updating your information with the DVLA and responding to parking tickets can prevent future issues. Take control of your situation today and work towards removing the CCJ to restore your credit record.