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

twhitehousescat

please remember:

the parking Co can only ask for your info once , in your case you say "several years" between the tickets being issued and the CCJ , you also state that your wife moved from the address

in this case the parking co would have sent the court papers to wrong address , as they could not get your new address from the DVLA - even if you had updated info

the max time for post redirect in the UK is 2 yrs , so even if you had played things correctly (changed v5 , had post redirect) the parking co could not have contacted you

this shows that he ;parking Co have not used due diligence before issuing court papers .

you haven't stated if it was 7 x court papers , or one x court papers

I hope this claim was for 1 x £700 as opposed to 7 x £100 , as 7 x £255 setaside fees could make it a non winner.

Sam_Brown

I believe it is 1x 700 but my wife will double check this today.

Thanks. I think we will go for the set aside route in the first instance. I would rather attempt to set it aside and fail than not try at all and never know. 255 is a fair whack but if it saves us needing to wait 6 years for a mortgage then it will be worth it. And like I said I'd rather try and fail than always wonder what if.

My main worry at the moment is the balifs. How to stop them in the immediate instance. Once we apply to "set aside" will that stop the balifs at that point or is it only if it is put aside?

Also as it is currently a CCJ does that mean the parking company have proven the fine is legit or would a CCJ be issued automatically with no evidence required if we didn't appear at the hearing?

I will fill in the form this evening and get it sent off ASAP. I could do with some advice as to what to put on the form for best chance of getting it set aside.

Coupon-mad

My main worry at the moment is the balifs. How to stop them in the immediate instance. Once we apply to "set aside" will that stop the balifs at that point or is it only if it is put aside?

This is why the Draft Order we suggest people include with their N244 and Witness Statement (see other threads!) includes a line asking the Judge to order that enforcement is on hold.

You just take all that (please see other set aside threads & copy!) with the £255 fee to your local court and apply.

Most PPCs never send bailiffs, they just silently wait for people like you to panic and pay, once the CCJ is discovered, instead of setting it aside properly.

Also as it is currently a CCJ does that mean the parking company have proven the fine is legit or would a CCJ be issued automatically with no evidence required if we didn't appear at the hearing?

There was no hearing and no evidence has been supplied.

The awful thing about the UK court system is that ANYONE can start a claim against anyone, serving to an old address if they are aggressive idiots, then hope that the Defendant doesn't see the claim - then bingo! An automatic 'waved through' win, no hearing.

I know of someone who thinks it's fun to do that to people. Sad person with no life...

Sam_Brown

Ok so we’ve just had first letter from the bailiffs through saying they will be visiting the property in two weeks to take goods valuing the total owed. I assume we got this letter because the courts now have my wife’s new address which they have passed on to the bailiffs.

Couple of points:

1: The bailiff letter says we owe the parking company something along the lines of 810.23 (this is excluding the bailiffs fees) but when speaking to the parking company they say we only owe 700.

2: After speaking to the parking company the lady we spoke to said we owe 700 due to four parking tickets. Not seven. However when speaking to the court they claim the CCJ is for 700 due to seven tickets. Is this a valid enough reason to be able to put aside the CCJ? It’s the same amount but different number of tickets.

Obviously my wife is shaken up by the bailiffs letter and is panicking wanting to lay the 700 right away but I still want to take a bit of time knowing what options we have available to us.

Coupon-mad

Woah!

You cannot sit about weighing up options. You need an order for the enforcement to be 'on hold' which is what our standard set aside 6 point draft order says to the Judge.

You need to get the Defendant's completed N244 application and WS & draft order into your local court & pay the set aside fee, and I mean THIS WEEK. Ideally Thursday as I bet the court shuts early on a Friday before a Bank Holiday.

You DO NOT phone up parking companies. She was no lady...

I did explain this a week ago:

This is why the Draft Order we suggest people include with their N244 and Witness Statement (see other threads!) includes a line asking the Judge to order that enforcement is on hold.

You will get your 'bit of time to think about it' once you are secure in the knowledge that you have applied for the scam CCJ to be set aside, and that you hand delivered it to your local court and paid the fee, and included the draft order.

Hurry up!

OMG you need to hide your car as over £600 can see High Court Enforcement rocking up.

Sam_Brown

Apologies. Please understand we both work long hours and this isn’t an easy thing to get our heads round. There are so many threads on here and trying to understand what is and isn’t relevant it time consuming. I appreciate the seriousness though and we need to get this sorted.

We’ve just had the copy of the court document through. The parking company state:

“MISS xxxxx HAS RECEIVED NUMEROUS CORRESPONDENCE FROM NPM AND HAS FAILED TO MAKE CONTACT OR APPEAL ANY PCN’S ISSUED.”

Actually they have sent them but to the wrong address. However the wrong address is her fault for not updating her v5. I did ask some questions double checking if we could still put it aside and didn’t see a response. We will look at this this evening.

Sam_Brown

Also my car is in my name and her car is worth about 50 quid so no worries there. I hope.

When we put the request in how long does it take to process? Also How can we confirm the case is put on hold and the bailiffs know and will follow it?

twhitehousescat

Sam_Brown wrote: »

Apologies. Please understand we both work long hours and this isn’t an easy thing to get our heads round. There are so many threads on here and trying to understand what is and isn’t relevant it time consuming. I appreciate the seriousness though and we need to get this sorted.

We’ve just had the copy of the court document through. The parking company state:

“MISS xxxxx HAS RECEIVED NUMEROUS CORRESPONDENCE FROM NPM AND HAS FAILED TO MAKE CONTACT OR APPEAL ANY PCN’S ISSUED.”

Actually they have sent them but to the wrong address. However the wrong address is her fault for not updating her v5. I did ask some questions double checking if we could still put it aside and didn’t see a response. We will look at this this evening.

ok , I posted this before , but it seemed to go over your head


the parking Co can ONLY ONLY ONLY ask for your info from the DVLA once per ticket, so they could NOT repeat NOT have contacted them again to get your info before issuing court papers

so get that idea out of your head that your failure to update the DVLA caused this

I also mentioned the fact that the MAX post redirect in the UK is TWO years , so potentially if you HAD post redirect for max period , then any court claim posted to you after endwould not have been received


companies like to sit on those claims knowing that people move and length of post redirect , then they can get default on 7 charges**


as there seems to be some dispute between 4 tickets and 7 tickets , have you actually contacted the DVLA to find out HOW many time scum and Co asked for your info and the dates???

Sam_Brown

Hi,

Thanks for the response again. After receiving the full details of the claim from the court the parking company are only claiming for 4 tickets. This matches what the parking company have sent through so no discrepancy there.

Frustratingly I have just found out that my wife only had the redirect for 3 months and not the full two years.

In terms of dates here is the full chronological picture.

Moved into new address: January 2016
Date Mail Redirect Ended: May 2016
Date of Parking Tickets Issued: 4 tickets in June 2017

With this info in mind do we still have a case for setting aside the CCJ?

Also the "Particulars of the claim" state "Mr *****" and not "Miss" Although the judgement has the correct prefix for my wife. I'm sure this isn't important but pointing out just in case it is.

We are currently filling in the form at the moment. Will update when we have done or get stuck.

Thanks for all your help so far. Massively appreciated.

twhitehousescat

how come you got tickets issued in 2017 and you moved to new address in 2016

it reads as the tickets were issued 12 mths after you left