Wife didn't update DVLA with new address. Got a parking ticket we didn't realise which is now a CCJ!

Sam_Brown

Cliff notes are:

* My wife moved house a few years ago and didn't update the registration of her car.

* She got 7 parking tickets which she didn't know about and after the parking fine people chasing her for a few years it finally went to court and she got a CCJ for £700.

* We're looking to buy a house and take out a mortgage so thought we'd do a quick credit check on noddle each to make sure all was well which is where we found out about the CCJ.



Not really sure what the next steps are. As my wife didn't update her car registration I don't believe we can "set aside" the CCJ on the basis it went to the wrong address as it's her fault.



The only issue I have is the company issuing the fine are shady as hell. They are called NPM and based in Northampton. !!!!!!!s got me as well by putting signs up over night when I was parked on a street! A quick google will show you all you need to know. The reason the lady at the court mentioned for the fine was "not displaying a valid permit". I know for a fact my wife had the permit in her car from day 1 until the day she moved out so I have no idea how she earned the ticket. The problem is with it being so long ago I'm not sure what hope we have of fighting it on that ground. We've gone to NPM asking for details of the fines and they've said the person (singular) who deals with the tickets is on holiday for two weeks. I'm now worried that now we've been in contact with the courts that the ballifs will be round before we've had a chance to look into the posibility of fighting the fines.



Part of me wants to just pay the 700 quid and be done with it but the fact it's a CCJ and it's going to affect our chances of getting a mortgage makes me want to make sure we've done everything possible to get it set aside.



Just looking for some advice. Even if it's bad news just so that we can move on...

EDIT: Also if we do pay the CCJ does it all stop there? Or will the baliffs still expect a cut of the pie for chasing us for so long?

Redx

first task is get the RK to get the V5C altered if not already done (and driving licences too), because the fine is up to £1000 for each offence

then read about the £255 set aside in the NEWBIES sticky thread near the top of the forum , paying this will reset it back to a court case that needs defending, plus trying to claim back the costs

reading other set aside £255 threads will assist you in understanding the peocedures etc, there are plenty of them on here

those are the 2 main issues at this time


paying a CCJ does not remove it from the credit rating , it marks it as "satisfied" , for 6 years I believe , so not good for mortgage applications

Sam_Brown

Thank you. This is where things get complicated. My wife gave the car and v5 to a friend to scrap.

However I have just paid for an online search and the car isn't listed as being scrapped. The car is may still have the V5 listed as the old address and my wife as the owner even though it may no longer exist. Which I'm guessing is going to be an issue?

Redx

yes , its an issue because again she has not informed the DVLA using the tear off strip from the V5C

FOR ALL YOU KNOW THE VEHICLE COULD HAVE RACKED UP LOADS OF SPEEDING TICKETS OR OTHER OFFENCES LIKE COUNCIL PCN,s etc , never mind these private parking charges , so it could get worse

and as I said , the DVLA have every right to fine her £1000 for not fulfilling her legal obligations as keeper , plus any outstanding "road tax + fines" too

she needs to contact the DVLA asap and ensure she follows their advice on getting her name removed from the V5C , plus ensure yours and hers driving licences are updated too

the SAR and any data rectification notice can go to any organisation including the claimant who claimed for the CCJ and issued it (NPM) - so tell her to email a SAR to NPM DPO and attach proof of ID , giving 30 days as per usual , plus the current address too

proof of ID at the current address , like a council tax bill or similar will be needed, under GDPR

this lack of due diligence could cost you or her very dearly , so try to get it all sorted out , plus any set aside to get the CCJ removed (if she can persuade a judge for the £255 fee)

complicated it is, but she didnt do herself any favours when she passed the paperwork to the "friend"

Sam_Brown

Yes tell me about it. I feel like I'm now sorting out her mess. Frustratingly I did advise her to make sure the V5 was updated (in both cases - moving flat and scrapping it). I feel like a massive "i !!!!ing told you so" is due but not sure what that will accomplish in the short term. Uggggh. So very frustrating.

I've just done an online check and the last sold date was back in 2018 when she gave it to her friend so it's possible she isn't the registered owner anymore but it doesn't say for sure. I will get her to ring the DVLA tomorrow to try and ascertain if she is no longer the registered owner.

Thanks for your help so far. It is massively appreciated from me.

Redx

owner is a completely different issue

the V5C clearly states that this document is not proof of ownership , its proof of who the registered keeper is (or was) , she may be the RK still but the vehicle could easily have a new owner with a bill of sale in their pocket, because they havent registered the KEEPER yet, meaning it may still be in the old name on the V5C

a bill of sale proves ownership, totally different , so if last sold was 2018 then it seems that she may no longer be liable, hence why she should contact the DVLA about it asap

ps:- the DVLA do not keep any records about REGISTERED OWNERS, only REGISTERED KEEPERS, so ensure the correct words are used

Egbert_Nobacon

Rather than contacting DVLA and admitting failure to notify a change of keeper would it be possible to contact the friend and ask to check the current V5C ?

Sam_Brown

Yes she has done this. Will see if they reply.

Coupon-mad

You can't ring the DVLA about your wife's data (unless she is there with you).

WhenIam64

Choices are

1. Apply for a set-aside using the N244 form. Pay the £255 fee and get a hearing where you tell the judge that the papers were not properly served and you have a defence. Just will most likely grant a set-aside.

Between the set-aside and the rehearing, you can offer to pay the claimant's demand. Set aside will have removed the CCJ and the payment will have removed the basis for a further claim. So you'll have a clean credit record at a cost of £??? plus £255.

2. Option 2 is to pay the £700 but the CCJ stays on the account marked as "satisfied" which will have a detrimental effect on your ability to get a cheap mortgage. It doesn't always stop getting one, you just pay a higher level.

So the methods are there. You just have to work out which are cheaper.

I've posted this in the Car Fines forum

Best to stick to over there to understand the process as they do more CCJ's there.

The_Deep

Nine times out of ten these tickets are scams and would have most likely have failed in court. You need to enlist the help of your MP.

Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.