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  • FIRST POST
    • denontooth
    • By denontooth 29th Nov 17, 2:35 AM
    • 7Posts
    • 1Thanks
    denontooth
    CCJ & Incorrect Address (not DVLA)
    • #1
    • 29th Nov 17, 2:35 AM
    CCJ & Incorrect Address (not DVLA) 29th Nov 17 at 2:35 AM
    Hello all,

    I tried searching the forum for a similar issue but I couldn't find anything so here I am.

    I was checking my credit report last night and it went down significantly, After browsing through the tabs I found that there was an active CCJ issued last week on my file. I made a few phone calls today and found out that the CCJ was issued by Gladstones on behalf of CPM (parking company) regarding a parking fine I had last year (which I thought I appealed successfully as I received no response after my appeal letter).

    Anyway, it is my understanding that the debt recovery company will get the address from the DVLA and start sending letters before issuing a court order. But the address that they've been sending it to has no affiliation with my car or driver's licence. My V5 and driver's licence is a different address.

    The address that they have been sending it to is not a residential address and I do have a bank account registered to that address but surely they'll send letters to where the car is registered to? And that they'll get the address from the DVLA? How else would they get that address if I have only 1 bank account registered to it?

    I've had council parking fine Notice to Owners sent to my car registered address since the private CPM fine so I know the DVLA have the correct address.

    So my question is, (1) do I have grounds to say that they didn't use the correct address?
    (2) If I choose to fight it and it takes over 30 days before the outcome, the CCJ will be on my file for the next 7 years, is it worth fighting or shall I just pay it? They're asking for £271 from a £60 fine. The amount is irrelevant since the appeals and fine process is over - though correct me if I'm wrong. (3) Could they have obtained the address illegally or are they allowed to use other methods of getting a 'recent' address?

    Sorry for the long post but thank you in advance. Your time and advice is appreciated.
Page 1
    • pappa golf
    • By pappa golf 29th Nov 17, 4:31 AM
    • 7,761 Posts
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    pappa golf
    • #2
    • 29th Nov 17, 4:31 AM
    • #2
    • 29th Nov 17, 4:31 AM
    the parking Co will have used the address given by the DVLA , nothing to do with bank accounts or anything ,
    you had paperwork from the parking CO , was this posted to you?
    • forgotmyname
    • By forgotmyname 29th Nov 17, 11:08 AM
    • 26,230 Posts
    • 10,469 Thanks
    forgotmyname
    • #3
    • 29th Nov 17, 11:08 AM
    • #3
    • 29th Nov 17, 11:08 AM
    If the car was not registered at that address at the time how else could they link the car to that address?

    All they would have is your name and the address registered on the logbook (V5C).
    Punctuation, Spelling and Grammar will be used sparingly. Due to rising costs of inflation.

    My contribution to MSE. Other contributions will only be used if they cost me nothing.

    Due to me being a tight git.
    • denontooth
    • By denontooth 29th Nov 17, 11:31 AM
    • 7 Posts
    • 1 Thanks
    denontooth
    • #4
    • 29th Nov 17, 11:31 AM
    • #4
    • 29th Nov 17, 11:31 AM
    Thanks for the reply.

    the parking Co will have used the address given by the DVLA , nothing to do with bank accounts or anything ,
    you had paperwork from the parking CO , was this posted to you?
    I liaised with the parking co via paper mail and gave them my residential address which is fine. Though it's not where the car was registered to. After my appeal, I didn't receive a response so thought it was over but it turns out the Debt Recovery company (Gladstones) were sending it to a different address, NOT where my car was registered to.

    If the car was not registered at that address at the time how else could they link the car to that address?

    All they would have is your name and the address registered on the logbook (V5C).
    This is what I'm wondering too, hence the reason for the post. I've not changed anything and I've had council Notice To Owners sent to the correct address where my car was registered to.
  • National Debtline
    • #5
    • 30th Nov 17, 3:53 PM
    • #5
    • 30th Nov 17, 3:53 PM
    Hi denontooth


    Welcome to the forum. The parking company should have got your address from the DVLA, as they would have no other way to trace the driver of the vehicle. It's usual for the parking company to then give your address to the debt collection agency (DCA). In your case you might have an argument to say that Gladstones should have written to the residential address you gave the original parking company. However you need to think carefully about what to do next.


    If you try to dispute the CCJ through a set aside (asking the court to remove the CCJ and let the process begin again) it will usually cost £255, and you could incur costs if your application is not successful. This is almost the same amount as the CCJ. The CCJ is going to stay on your credit file for 6 years unless you pay it off within a month of it being made, or you successfully have it set aside.


    If protecting your credit file is your priority, paying off the CCJ within a month is your safest option. Good luck with it all.


    Susie
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
    • denontooth
    • By denontooth 30th Nov 17, 9:49 PM
    • 7 Posts
    • 1 Thanks
    denontooth
    • #6
    • 30th Nov 17, 9:49 PM
    • #6
    • 30th Nov 17, 9:49 PM
    Hi Susie,

    Thanks for your response.

    That's the most confusing part about this situation - the DVLA do not have any association with the address that the CCJ was sent to which is why I believe I have a case. As mentioned in my post earlier, I've since received a Notice To Owner from a council parking ticket so know the DVLA have the correct address.

    But after research and asking people I think I'll be better off just paying the full amount but it's a matter of principle that's grinding my gears! I know I have grounds to fight this but it will most likely end up costing me more.

    Do you know whether it's possible to claim money back from the Claimant as their actions has led me to incur costs through the courts if I choose to set it aside?

    Thanks.
    • Sparx
    • By Sparx 30th Nov 17, 10:22 PM
    • 767 Posts
    • 416 Thanks
    Sparx
    • #7
    • 30th Nov 17, 10:22 PM
    • #7
    • 30th Nov 17, 10:22 PM
    I think you need to start paying for your parking OP.
    • denontooth
    • By denontooth 1st Dec 17, 3:50 AM
    • 7 Posts
    • 1 Thanks
    denontooth
    • #8
    • 1st Dec 17, 3:50 AM
    • #8
    • 1st Dec 17, 3:50 AM
    Haha , I do most of the time, Sparx! And most appeals I win because I've got grounds as I don't usually park willy nilly but this is more about regarding how they got my address and why they didn't send it to where the car is registered to.
  • National Debtline
    • #9
    • 1st Dec 17, 10:11 AM
    • #9
    • 1st Dec 17, 10:11 AM
    Hi Susie,

    Thanks for your response.

    That's the most confusing part about this situation - the DVLA do not have any association with the address that the CCJ was sent to which is why I believe I have a case. As mentioned in my post earlier, I've since received a Notice To Owner from a council parking ticket so know the DVLA have the correct address.

    But after research and asking people I think I'll be better off just paying the full amount but it's a matter of principle that's grinding my gears! I know I have grounds to fight this but it will most likely end up costing me more.

    Do you know whether it's possible to claim money back from the Claimant as their actions has led me to incur costs through the courts if I choose to set it aside?

    Thanks.
    Originally posted by denontooth

    Hi again denontooth


    You could try asking the judge if they would order the claimant to pay your costs if your set aside application was successful, but there are no guarantees. I would still say the set aside is a risky, and potentially expensive, option. If you're still within time I'd suggest guaranteeing the CCJ does not remain on your credit file for 6 years should be your priority. I hope it all goes well.


    Susie
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
    • Tarambor
    • By Tarambor 1st Dec 17, 11:34 AM
    • 1,756 Posts
    • 1,204 Thanks
    Tarambor
    [QUOTE=denontooth;73492782]And most appeals I win because I've got grounds as I don't usually park willy nilly/QUOTE]

    Clearly you do as you appear in this thread to have received more parking tickets in the space of a year than I've had in 3 decades of motoring.

    If you end up having to go to appeals a lot to the point you say "most appeals I win" then clearly you do park like a pillock and you merely get off on a technicality.
    • denontooth
    • By denontooth 1st Dec 17, 3:17 PM
    • 7 Posts
    • 1 Thanks
    denontooth
    Clearly you do as you appear in this thread to have received more parking tickets in the space of a year than I've had in 3 decades of motoring.

    If you end up having to go to appeals a lot to the point you say "most appeals I win" then clearly you do park like a pillock and you merely get off on a technicality.
    Ok, thats fine - but let's keep to the point of this thread.
    • denontooth
    • By denontooth 1st Dec 17, 3:42 PM
    • 7 Posts
    • 1 Thanks
    denontooth
    You could try asking the judge if they would order the claimant to pay your costs if your set aside application was successful, but there are no guarantees. I would still say the set aside is a risky, and potentially expensive, option. If you're still within time I'd suggest guaranteeing the CCJ does not remain on your credit file for 6 years should be your priority. I hope it all goes well.
    Does a Satisfied CCJ affect my rating? I don't mind building my credit rating again but if it does have an effect, it's not really worthwhile pursuing this further.

    I've just given the DVLA a call for proof of address and they said that recovery agencies will usually get their data from agencies such as Experian or Equifax and not the DVLA which may explain why they've been sending it to the wrong address and not where my car is registered to..
    • pappa golf
    • By pappa golf 3rd Dec 17, 8:56 PM
    • 7,761 Posts
    • 8,024 Thanks
    pappa golf
    Hi denontooth


    Welcome to the forum. The parking company should have got your address from the DVLA, as they would have no other way to trace the driver of the vehicle. It's usual for the parking company to then give your address to the debt collection agency (DCA). In your case you might have an argument to say that Gladstones should have written to the residential address you gave the original parking company. However you need to think carefully about what to do next.


    If you try to dispute the CCJ through a set aside (asking the court to remove the CCJ and let the process begin again) it will usually cost £255, and you could incur costs if your application is not successful. This is almost the same amount as the CCJ. The CCJ is going to stay on your credit file for 6 years unless you pay it off within a month of it being made, or you successfully have it set aside.


    If protecting your credit file is your priority, paying off the CCJ within a month is your safest option. Good luck with it all.


    Susie
    @natdebtline
    Originally posted by National Debtline

    the DVLA do not know who the DRIVER was , only the name of the person that is the registered keeper
  • National Debtline
    the DVLA do not know who the DRIVER was , only the name of the person that is the registered keeper
    Originally posted by pappa golf

    Apologies pappa golf, you are quite right, the DVLA would only be able to advise who the registered keeper of the car was. This may be the driver or it could be someone else. Sorry for any confusion.


    Susie
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
    • pappa golf
    • By pappa golf 4th Dec 17, 3:23 PM
    • 7,761 Posts
    • 8,024 Thanks
    pappa golf
    and as such to hold the keeper liable , they have to comply with the POFA2012 , which among other things includes sending a NTK within the required time span

    this is the person that ticketed the car https://www.wigantoday.net/news/bullying-clamper-jailed-in-car-case-1-165947
    • denontooth
    • By denontooth 5th Dec 17, 1:53 AM
    • 7 Posts
    • 1 Thanks
    denontooth
    Just an FYI, I am the keeper and the driver of the car. If that makes a difference.

    Thanks
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