i have had a ccj filed against me

chrisski961

I got neither a letter from them nor the official court papers. The v5s for all our cars are correct and exactly the same too as I just checked them all.

We have lived here for 16 years so no not moved recently. Post can be somewhat erratic as we’ve dogs so postie sometimes skips if they’re in the garden (I have in the past found post in the garage) and it’s not the first time post has gone missing.

I appealed by letter and got a reply quoting Beavis but as I said once I’d not heard anything since before Xmas/early Jan I destroyed everything assuming the hotel had actually sorted it as promised.

twhitehousescat

ok so they replied to you at your correct address

did they send you a NTK

chrisski961

Yes and the original NTK was what I appealed against.

waamo

If you pay the ccj promptly it will be removed from your records. You can also attempt to obtain a set aside which as you have found will be £255.

You might get this back but it's not guaranteed. If you are successful in getting a set aside the ccj will be reset to the start and you will have an opportunity to defend it. It will also be removed while this process takes place.

I hate to say but it's your call as to what to do. How much time and effort are you prepared to put into this?

If you make a decision let us know before acting upon it as we can assist you in getting the process right.

chrisski961

Thinking about it I may have the original NTK in my desk at work but working away till next week now. I think I’ve a copy of the appeal letter on one of work laptops too.

twhitehousescat

ok you have 3 jobs tomorrow

contact court and ask where and when THEY sent paperwork and by whom raised the case (PPC or solisitors)
as you got NTK , forget 2 contacting DVLA
lastly you must send a SAR to the parking co and separate to solisitor asking for all details inc copies of letter before court

Umkomaas

chrisski961 wrote: »

No i havent moved. The V5C shows my current address. I didnt receive any notice of court hearing from the court which they say was posted on 25th of Feb. I cant act on what i dont receive.

I think around that date the Northampton CCBC had some technical problems which saw many communications fail. I can’t be sure of the absolutes on this now - things move so rapidly here - but it will be worth your while phoning them tomorrow to check whether I have the correct date (correct date or not, there was definitely a meltdown in communications around that time).

If that was the case, a set aside should follow quite easily. It will then be a matter of taking up with the court as to whether they should waive the set aside fee, as I can’t see it coming back to you via the normal route (the PPC) as they will have done nothing procedurally ‘wrong’ in seeking a judgment in default, despite any loathing you have for them.

chrisski961

Hi. I intend to pursue this as these companies prey and survive on dodgy practices and bullying tactics. They’re a disgrace.

I don’t mind putting the time and effort in as I complied with the conditions apart from possibly making a typo on my reg no and all I’ve had are misleading, bullying threatening letters which a lot of people would and have caved in to and coughed up. I’m happy to pursue this as far as need be to clear the ccj and have my case heard properly.
As I’ve already said any help and guidance is greatly appreciated. I’ve just spoken to trade union legal helpline and well it was a waste of free mobile minutes.

twhitehousescat

NTK was received before he appealed , so DVLA must have been good

"Yes and the original NTK was what I appealed against."

chrisski961

Oooh did they? I’m in the systems side of things with civil service. I may have a contact who’ll be able to tell me if they lost comms as I recall our systems went a bit mental around then too!