Advice please PCN became CCJ

P.Hill

Good afternoon hive mind... hope you can help

When applying for a mortgage I was surprised to be rejected as it transpires that after we moved house we forgot to update the car registration address with the DVLA

(well to be specific the wifes car is i my name to get her the finance and she forgot to update her and the cars details - though my own details were updated with DVLA)

Anyway long story short she parked in a supermarket with a free half hours parking and went over the half hour... ANPR camera

apparently documentation sent to old address (Ive requested it but not yet seen it) as I didnt get the correspondence i didnt reply and its turned into a CCJ (Civil enforcement Ltd)

Now we believe due to signs and the timescales indicated in correspondence (awaiting copies to be certain) that there may be sufficient grounds to challenge the validity of the parking ticket.

Furthermore we are advised that i could apply to have the CCJ "set aside" as we didn't receive the correspondence

But how should we approach this

option A - challenge validity of parking ticket (probably win) and then use that as further evidence in getting set aside
Option B - set aside first due to not having correspondence then challenge ticket
Option C - do both concurrently?

My understanding ref being set aside is pretty likley as there is a valid reason, we have acted immediately upon becoming aware and to challenge being set aside it would cost more in sending a lawyer than the parking ticket is worth so unlikley they would challenge as its most probable we succeed anyway.

the info available here ref mounting a challange to the ticket is fantastic - just wondering if anybody has any thought on in what order im best to approach this?

Redx

too late to appeal the pcn

the set aside comes first, paying the £255 , then the original court case is fought as if the CCJ never happened, so as a defence to the original MCOL

see other recent similar CCJ set aside cases

the NEWBIES FAQ sticky thread also helps with set asides for these common issues

CEL will take it to the wire with the original MCOL


make sure the V5C AND BOTH DRIVERS LICENSES have the new CURRENT ADDRESS on them , as they can be £1000 FINES by the DVLA for each transgression

twhitehousescat

My understanding ref being set aside is pretty likley as there is a valid reason

we forgot to update the car registration address with the DVLA

this was YOUR fault , not a fault of the parking Co or the court system

wonder how many speeding or council tickets are now floating about ?

waamo

The rules state a set aside should be applied for at the earliest possible opportunity.

Dithering about with pointless appeals as per option A will see your ability to apply for a set aside vanish.

As a general rule you have 28 days from discovering the ccj to apply for a set aside. After that you may well be stuck with a ccj and a trashed credit file.

Coupon-mad

how should we approach this

Get on with it, N244, get it set aside due to all the usual reasons people list on all the other CEL set aside threads. Find the latest ones, with the six point DRAFT ORDER including the £255 being reserved and reclaimed if CEL discontinue...

Yes you have a valid reason, copy what others did and do it fast.