Cel - ccj

Myshkin3

Hi

I logged into my credit report today to see a CCJ has been made against me on 22nd November 2017. It's registered against an address I haven't lived at since May 2014.

I found out from County Court Business Centre that it's relating to a Civil Enforcement Ltd penalty notice issued on 6th May 2015. I have no knowledge of this notice, nor have I received any information regarding it.

I sold the car in question in June 2016 and the DVLA have confirmed they have the address I moved to in May '14 on record. I never received any correspondence to that address.

I'm reading all about the set aside requests and have created a defendants statement but am wondering should I follow the standard template that's on these forums? I've tried to contact CEL but get put through to an answer machine - I have written a letter to send to them tomorrow asking for original copies of all correspondence that was sent, including evidence of the parking infringement.

Would it be best to wait and keep trying CEL to see if I get any type of response before issuing my N244 form? There are so many conflicting views on whether not being present at an address is evidence enough.

Any help would be greatly appreciated as I was reviewing my record to start to plan for a mortgage!

Thanks

KeithP

In May 2014 you moved to your current address.

Did you notify DVLA of this change to your address for both your driving licence and the car's V5c?
Did you notify the DVLA in May 2014?

If the vehicle's V5c still showed your old address at the time of the parking incident, then that explains, to some extent, why you never heard about it.

Myshkin3

Hi

Thanks for your reply.

To my knowledge I updated all my address details in the July of 2014. My precious driving licence definitely states that and DVLA confirm at point of sale of the car in 2016, my correct address was stated ? They can’t confirm exactly when the address was updated

Joe_whenjung

You can contact the DVLA and find out when your data was requested, and by who

Myshkin3

Thanks Joe - I think I have to fill in a form and pay a charge which can take 4-6 weeks and I’d be worried that that would then put me in a worst position for the set aside as I’d be delaying the n244 form?

Joe_whenjung

I believe that you need to make a Data Subject Access Request which costs about a fiver. Im sure one of the resident experts will be along in due course and advise properly though

pappa_golf

free of charge if you ask the right people ,

Example Letter

[Your Address]

DVLA Vehicle Record Enquiries section

Longview Road

Morriston

Swansea

SA99 1AJ

Dear Sirs

Re: VRM AB12 XYZ

As the Registered Keeper of the above VRM could you advise who has accessed my personal details with regards to this marque, how often and when did the DVLA send the keeper details out. Please advise the information with regards to events between xx/xx/xx/ and xx/xx/xx.

I understand there is no charge for this information and look forward to your speedy reply.

Yours faithfully



Mr Registered Keeper

forget your driving licence , its just your v5 that is of interest here ,
normally a parking co has to ask for info by day 14 or by day 56 dependent on anpr or ticket on car ,

the DVLA have set a max date of 6 mths

so the dates you enter in the letter above are a day or two before ticket issued , and upto the date of the ccj

(we kow the 14 and 56 days are times to deliver letters , but stated the above to simply explain to OP)

Myshkin3

Thanks for the template, really useful.

The PCN was apparently issued on 6th May 2015. The ccj was issued 22nd Nov 2017!

Coupon-mad

Myshkin3 wrote: »

Thanks Joe - I think I have to fill in a form and pay a charge which can take 4-6 weeks and I’d be worried that that would then put me in a worst position for the set aside as I’d be delaying the n244 form?

No, you don't. It's free and almost immediate, same week:

https://forums.moneysavingexpert.com/discussion/comment/71879174#Comment_71879174

Pappa Golf posted quicker than me!

Myshkin3

Thanks Coupon Mad !

Can they advise when the address was updated too ?

Coupon-mad

Yes, I am sure that question will be OK to include.